Filing a Wage and Hour Claim – West Virginia

Does West Virginia have state overtime laws that are different from federal law?

Under West Virginia law, employers must pay one and one-half times the regular rate of pay for all hours worked in excess of 40 hours a week. This overtime requirement applies to any employer that employs six or more employees in any one separate, distinct and permanent location

Does West Virginia have a minimum wage that is different from federal law?

West Virginia’s minimum wage is $7.25 per hour. If the federal minimum wage (currently $7.25) ever exceeds the state’s minimum wage, the state’s wage will rise with it.

Employers are permitted to pay a lower training wage to employees less than 20 years of age for a period of 90 days.

Tipped employees’ tips may supply up to 20% of their minimum wage; in other words, if an employee makes at least $1.31 in tips per hour, her/his employer only has to pay a cash wage of $5.24 per hour. Employers may also count the reasonable cost of furnishing meals or lodging against the minimum wage.

West Virginia’s minimum wage law applies to employers that employ six or more employees in any one separate, distinct and permanent location.

Does West Virginia have meal and rest break requirements, unlike federal law?

West Virginia law requires employers to allow a twenty (20) minute meal break to those employees working at least a six (6) hour shift.

How do I file a wage/hour or labor standards claim in West Virginia?

The Wage and Hour Section of the West Virginia Division of Labor handles wage and hour complaints.

What are my time deadlines?

If you have a wage/hour complaint, do not delay in contacting Labor Standards or an attorney. There are strict time limits in which wage claims must be filed. A claim for unpaid wages must be filed within two years of accrual.

How can I or my attorney pursue a claim in court in West Virginia

Employees can bring an action in court to recover unpaid wages, and attorneys’ fees and costs are recoverable. A claim for unpaid wages in court must be filed within two years of accrual.

Wage and Hour Section
West Virginia Division of Labor
Capitol Complex
Building 6, Room B-749
Charleston, West Virginia 25305
(304) 558-7890

This material was originally prepared by attorney Joseph Jaramillo and former law clerks Keia Cole and Adam Weiss of the law firm Goldstein, Demchak Baller Borgen and Dardarian, and was updated by Professor Douglas D. Scherer, of Touro College, Jacob D. Fuchsberg Law Center. Professor Scherer also serves as the Vice President of Workplace Fairness.