West Virginia Minimum Wage Preemption Statewide

W. Va. Code 21-5C establishes the state minimum wage and overtime requirements applicable to covered employers throughout West Virginia. The Division of Labor enforces these rules, including recordkeeping, payment intervals, and anti-retaliation provisions. While the statute does not contain an express preemption clause as broad as some states, the comprehensive nature of the wage law and W. Va. Code 21-5 wage payment provisions effectively standardize wage floors statewide. Local governments seeking higher minimum wages would face significant statutory and home-rule constraints.

Failure to pay the state minimum wage or overtime can result in civil penalties, back wages, liquidated damages, and attorney fees under 21-5C-8.