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West Virginia Division of Labor Wage & Hour

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Fact Sheet

Minimum Wage

The West Virginia minimum wage was increased to $7.25 per hour on July 1, 2008.  As of July 24, 2009, the federal minimum wage goes up to $7.25 to match the state requirement.    Even though the minimum wage requirement will now be the same under both state and federal law, many other issues that are addressed under both statutes will remain in conflict.  That means employers and employees will still find it necessary to determine whether or not they are covered under the state or federal minimum wage requirements.  The following guidelines are intended to assist you in making that determination:

  1. Does your company (or employer) gross over $500,000.00 annually?
  2. Is your company (or employer) engaged in interstate commerce?
  3. If the answer to either of the above questions is yes, then your company (employer) is covered under the jurisdiction of the federal Fair Labor Standards Act and any questions you have relating to the requirements of that act should be addressed to the US Department of Labor.  You may also visit their website at www.dol.gov for information.

    Even if you answered no to the above questions, you may still be covered under the federal requirements by virtue of the 80% rule of exclusion cited in the definition of employer {§21-5C-1(e)} in the West Virginia statute.  That provision specifically excludes employees that are “individually” engaged in interstate commerce in their daily employment activities from being covered under state law. 

    Click here for Determining State Coverage and the 80% Rule

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