# Labor Rights in West Virginia

[Labor rights by state](/labor-rights/)

West Virginia's $8.75 minimum wage sits above the federal floor but well below its neighbors, and the state has no paid sick leave or paid family leave program. Its standout protection is a mandatory 20 minute meal break for shifts of 6 or more hours, which most states in this group lack. West Virginia is a right-to-work state, and its courts recognize public policy and implied contract exceptions to at-will employment.

Data last verified 2026-10-12

## Workplace rights in West Virginia at a glance

  Minimum wage (2026)$8.75 (applies to employers with 6 or more employees; no change for 2026)Tipped minimum wage (2026)$2.62 per hour cash wage, with a tip credit of up to $6.13; tips plus cash wage must total at least $8.75 per hourOvertime1.5 times the regular rate after 40 hours in a workweek (federal FLSA baseline; no daily overtime requirement)Paid sick leaveNo statewide mandatePaid family and medical leaveNo state programMeal breaksYes. West Virginia Code 21-3-10a requires employers to make available at least 20 minutes for a meal break during a workday of 6 or more hours, at times reasonably designated by the employer. Minors under 16 must get a 30 minute break after 5 consecutive hoursRest breaksNo state requirement beyond federalRight-to-work lawYesAt-will employmentpublic policy, implied contractFinal paycheckDue on the next regular payday

## How West Virginia compares to federal law

West Virginia sets a minimum wage above the federal floor of $7.25 an hour, so the state rate is what most employers must pay. Overtime follows the federal Fair Labor Standards Act: time-and-a-half after 40 hours in a workweek. There is no state paid sick leave or paid family leave mandate, so the federal Family and Medical Leave Act (unpaid leave for eligible workers) is the only baseline.

## Neighboring states

- [**Ohio**$11.00 minimum wage, paid sick leave no, right-to-work no.](/labor-rights/ohio/)
- [**Pennsylvania**$7.25 minimum wage, paid sick leave no, right-to-work no.](/labor-rights/pennsylvania/)
- [**Maryland**$15.00 minimum wage, paid sick leave yes, right-to-work no.](/labor-rights/maryland/)
- [**Virginia**$12.77 minimum wage, paid sick leave no, right-to-work yes.](/labor-rights/virginia/)

[Compare all 50 states and DC side by side](/labor-rights/)

Workplace laws change. This summary reflects state law as verified on 2026-10-12; confirm details with your state labor department before acting on it.

## Frequently asked questions

### What is West Virginia's minimum wage in 2026?

$8.75 per hour for employers with 6 or more employees, unchanged for 2026.

### Does West Virginia require meal breaks?

Yes. State law requires at least 20 minutes for a meal break during any workday of 6 or more hours.

### Does West Virginia have paid sick leave?

No. There is no statewide paid sick leave mandate; it depends on your employer.

### Is West Virginia a right-to-work state?

Yes, since 2016. Employees cannot be required to join a union or pay dues as a condition of employment.