West Virginia Fast Food & Counter Worker Overtime & Pay Rules
Side-by-side statutory audit of Fast Food & Counter Worker hourly wages, 1.5x overtime thresholds, shift benchmarks ($16.50/hr median), and meal break penalty pay under W. Va. Code § 21-5C-2.
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.
West Virginia Fast Food & Counter Worker Paycheck Calculator
Advanced Tax & Paycheck Deductions (Optional) ▼
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.
In West Virginia, a Fast Food & Counter Worker is entitled to a minimum statutory base wage of $8.75/hr (State industry median: $16.50/hr). Overtime is calculated at 1.5x regular rate after 40 hours per week under W. Va. Code § 21-5C-2.
Visual Pay Composition Breakdown
FLSA Exemption & Overtime Rules for Fast Food & Counter Workers in West Virginia
Non-Exempt (Eligible for 1.5x Overtime & Fast Food Minimum Wage Badges)
Non-exempt hourly position under FLSA § 213. California AB 1228 mandates a $20.00/hr fast food minimum wage across all major fast food chains.
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.
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.
Audit West Virginia Fast Food & Counter Worker Overtime & Pay
Verify 2026 statutory minimum wage floors, 1.5x overtime thresholds, and meal break penalties for Fast Food & Counter Workers in West Virginia.