West Virginia Overtime & Paycheck Calculator
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Visual Pay Composition Breakdown
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West Virginia Statutory Wage & Overtime Authority
Statutory Legal Citation: W. Va. Code § 21-5C-2
West Virginia minimum wage is $8.75/hr ($2.62 tipped direct wage). Weekly overtime required at 1.5x over 40 hours.
Employee Statutory Rights (WV)
- ✓ Minimum wage of $8.75/hr.
- ✓ 1.5x regular pay for hours over 40 per workweek.
- ✓ Protection under WV Wage Payment and Collection Act.
Employer Mandatory Obligations (WV)
- § Pay tipped staff at least $2.62/hr direct cash wage.
- § Pay wages at least biweekly.
- § Reimburse tip credit shortfalls.
West Virginia Statutory Wage & Overtime FAQs
What is the minimum wage in West Virginia for 2026? ↓
Under statutory citation W. Va. Code § 21-5C-2, the 2026 minimum wage in West Virginia is $8.75 per hour. Employers paying below this baseline face Department of Labor back-pay audits and statutory interest penalties.
Does West Virginia mandate daily overtime pay? ↓
West Virginia follows the standard federal FLSA rule (Title 29 U.S.C. § 207). Overtime is calculated weekly for hours exceeding 40 hours in a 7-day workweek with no daily cap.
Can employers in West Virginia take a tip credit against wage rates? ↓
West Virginia permits employers to claim a maximum tip credit of $6.13/hr against tipped staff, requiring a minimum direct cash wage of $2.62/hr.
Common West Virginia Payroll Compliance Traps & Audit Penalties
Tip credit shortfalls.
Delayed wage payments.
Illegal deductions.
Did Your Employer Violate West Virginia Labor Law?
30-Second Diagnostic • Sourced from W. Va. Code § 21-5C-2
Based on West Virginia labor code standards (W. Va. Code § 21-5C-2), your responses indicate potential statutory wage violations.
Never Miss an Overtime Dollar or Statutory Rate Update
Set weekly payday audit reminders & West Virginia labor code alert updates
Add a recurring Friday payday paystub audit reminder directly to your phone calendar.
Employer Statutory Violation & Penalty Risk Audit
Department of Labor & State Compliance Fine Exposure in West Virginia
Under FLSA § 216(b), mandatory double back pay is assessed for unpaid overtime.
1 hour regular rate premium pay per workday missed under state law.
Waiting time statutory penalties for delayed final paycheck settlement.
Automate state-specific overtime thresholds, tip credits, and meal breaks with Gusto Payroll & multi-state compliance partners.
FLSA & WV Overtime Exemption Checklist
Determine if an employee is legally exempt from overtime under state and federal law
Earns at least $844/week ($43,888/yr federal minimum) or state higher threshold (e.g. CA $66,560/yr).
Primary duty involves managing business operations, directing 2+ staff, or exercising independent judgment.
Receives a predetermined, non-deductible salary regardless of quality or quantity of weekly work.
Managing payroll or shift workers in West Virginia?
Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.
Embed This West Virginia Calculator on Your Website
HR blogs, news portals, and labor websites can embed this interactive 2026 West Virginia wage tool for free using the code snippet below: