Labor Rights in West Virginia
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 hour |
| Overtime | 1.5 times the regular rate after 40 hours in a workweek (federal FLSA baseline; no daily overtime requirement) |
| Paid sick leave | No statewide mandate |
| Paid family and medical leave | No state program |
| Meal breaks | Yes. 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 hours |
| Rest breaks | No state requirement beyond federal |
| Right-to-work law | Yes |
| At-will employment | public policy, implied contract |
| Final paycheck | Due 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.
- Pennsylvania$7.25 minimum wage, paid sick leave no, right-to-work no.
- Maryland$15.00 minimum wage, paid sick leave yes, right-to-work no.
- Virginia$12.77 minimum wage, paid sick leave no, right-to-work yes.
Compare all 50 states and DC side by side
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.