Key Takeaways
• West Virginia minimum wage rises to $11.00 per hour on January 1, 2025.
• Employers with fewer than six non-exempt employees may pay $7.25 federal minimum wage.
• Tipped workers must earn at least $11.00 per hour combining base wage and tips.
If you work in West Virginia or plan to hire workers there, it’s important to understand the new minimum wage rules for 2025. The state’s minimum wage is set to rise to $11.00 per hour starting January 1, 2025. This change affects workers, employers, and anyone involved in payroll or employment law. Below, you’ll find a step-by-step guide to understanding and applying the new minimum wage in West Virginia, including special rules for tipped workers, small businesses, and youth employees. This guide will help you avoid common mistakes and make sure you follow the law.
Introduction: Why the West Virginia Minimum Wage Matters
The minimum wage is the lowest amount an employer can legally pay most workers. In West Virginia, the minimum wage has been unchanged for years, but starting in 2024, the state began increasing it by $1 each year. By 2025, the minimum wage will be $11.00 per hour. This is part of a plan to reach $15 per hour by 2029. Understanding these changes is important for both workers and employers, as it affects paychecks, business costs, and legal compliance.
Step 1: Know the New Minimum Wage Rate and Who It Applies To
1.1. Standard Minimum Wage
- Rate for 2025: $11.00 per hour
- Effective Date: January 1, 2025
- Applies to: Most hourly workers in West Virginia
There are no local variations—the $11.00 per hour rate is the same everywhere in the state.
1.2. Who Must Pay the State Minimum Wage?
- Employers with six or more non-exempt employees at a single work location must pay at least $11.00 per hour.
- Employers with fewer than six non-exempt employees at a location can pay the federal minimum wage, which is currently $7.25 per hour.
Non-exempt employees are most workers who are not managers or professionals and are covered by wage and hour laws.
Time estimate: 10 minutes to review your employee count and determine which wage law applies.
Step 2: Understand Special Wage Categories
2.1. Tipped Employees
- Base wage: $2.62 per hour
- Total pay (base wage + tips): Must equal at least $11.00 per hour
- Employer responsibility: If tips plus base wage do not reach $11.00 per hour, the employer must pay the difference.
Example:
If a server earns $2.62 per hour plus $7.00 in tips per hour, their total is $9.62. The employer must add $1.38 per hour to reach $11.00.
2.2. Overtime Pay
- Rate: 1.5 times the regular hourly rate for hours worked over 40 in a week
- Example: If you earn $11.00 per hour, overtime pay is $16.50 per hour.
2.3. Youth and Training Wages
- Workers under 20 years old and employed for less than 90 days may be paid less than the minimum wage.
- Training wage: The exact rate may change, so check with the West Virginia Division of Labor for current details.
Time estimate: 15 minutes to check which employees qualify for special wage rates.
Step 3: Calculate Payroll and Adjust Budgets
3.1. For Employers
- Review all hourly pay rates and make sure no worker earns less than $11.00 per hour (unless an exemption applies).
- Adjust payroll systems to reflect the new rate starting January 1, 2025.
- Plan for annual increases: The minimum wage will rise by $1 each year until it reaches $15 in 2029.
3.2. For Workers
- Check your pay stubs to make sure you’re earning at least $11.00 per hour.
- If you’re a tipped worker, add your hourly wage and average tips to confirm you meet the minimum.
Time estimate: 30–60 minutes for employers to update payroll; 5–10 minutes for workers to review pay.
Step 4: Identify and Apply Exemptions
4.1. Small Employer Exemption
- Employers with fewer than six non-exempt employees at a location may pay the federal minimum wage ($7.25 per hour).
- Check employee status: Only count non-exempt employees (not managers or certain professionals).
4.2. Youth and Training Wage Exemption
- Workers under 20, employed for less than 90 days, may be paid a lower training wage.
- After 90 days or when the worker turns 20, the wage must increase to the standard minimum.
4.3. Other Exemptions
- Some jobs, like certain farm workers or family members, may be exempt. Check with the U.S. Department of Labor for details.
Time estimate: 20 minutes to review exemptions and confirm compliance.
Step 5: Prepare for Annual Wage Increases
5.1. Legislative Schedule
- House Bill 2481 sets the following increases:
- $11.00 per hour in 2025
- $12.00 per hour in 2026
- $13.00 per hour in 2027
- $14.00 per hour in 2028
- $15.00 per hour in 2029
5.2. Budget Planning
- Employers: Plan payroll budgets to absorb a $1 per hour increase each year.
- Workers: Expect higher pay each year if you earn minimum wage.
Time estimate: 1–2 hours for annual payroll planning.
Step 6: Avoid Common Pitfalls
6.1. Not Counting Employees Correctly
- Mistake: Miscounting non-exempt employees and applying the wrong wage.
- Solution: Double-check employee status and headcount at each location.
6.2. Ignoring Tipped Employee Rules
- Mistake: Failing to make up the difference if tips plus base wage fall below $11.00 per hour.
- Solution: Track tips carefully and adjust pay as needed.
6.3. Overlooking Overtime
- Mistake: Not paying 1.5 times the hourly rate for overtime.
- Solution: Monitor weekly hours and pay correct overtime rates.
6.4. Missing Annual Increases
- Mistake: Forgetting to raise wages each January.
- Solution: Set reminders and update payroll systems before the new year.
6.5. Not Posting Wage Notices
- Mistake: Failing to display required wage posters in the workplace.
- Solution: Download and post the latest notices from the West Virginia Division of Labor.
Step 7: Troubleshooting Wage Issues
7.1. Worker Believes They Are Underpaid
- Action: Review pay stubs and hours worked.
- If underpaid: Speak to your employer first. If not resolved, contact the West Virginia Division of Labor.
7.2. Employer Unsure About Wage Rules
- Action: Review official guidance from the West Virginia Division of Labor.
- If still unsure: Consult a labor attorney or call the Division of Labor for help.
7.3. Disputes Over Tipped Wages
- Action: Keep detailed records of tips received.
- Employers: Make up any shortfall if total pay is less than $11.00 per hour.
7.4. Payroll System Errors
- Action: Double-check payroll software settings before January 1 each year.
- Test: Run sample paychecks to confirm correct rates.
Step 8: Use a Compliance Checklist
Before January 1, 2025, use this checklist to make sure you’re ready for the new minimum wage in West Virginia:
- For Employers:
- [ ] Count all non-exempt employees at each work location.
- [ ] Confirm which minimum wage (state or federal) applies.
- [ ] Update payroll systems to reflect $11.00 per hour minimum.
- [ ] Adjust tipped employee pay to ensure total meets $11.00 per hour.
- [ ] Review overtime pay rates and policies.
- [ ] Plan for $1 per hour increases each year through 2029.
- [ ] Post updated wage notices in the workplace.
- [ ] Review youth and training wage rules for workers under 20.
- For Workers:
- [ ] Check your hourly wage on pay stubs.
- [ ] If you receive tips, add them to your base wage to confirm you reach $11.00 per hour.
- [ ] Track your hours to ensure proper overtime pay.
- [ ] Ask your employer about wage increases each January.
Step 9: Stay Informed and Up to Date
9.1. Official Resources
- West Virginia Division of Labor: Minimum Wage Information
- U.S. Department of Labor: State Minimum Wage Laws
- West Virginia Legislature: For bill texts and updates on wage laws
9.2. Annual Review
- Employers: Review wage laws each December to prepare for January increases.
- Workers: Check for changes to your pay at the start of each year.
Step 10: Understand the Broader Impact
10.1. For Workers
- Higher minimum wage means more take-home pay for many workers in West Virginia.
- Tipped workers benefit from a higher guaranteed wage floor.
- Youth workers may start at a lower wage but will move up after 90 days or when they turn 20.
10.2. For Employers
- Annual wage increases require careful payroll planning.
- Small businesses with fewer than six employees at a location may continue to pay the federal minimum wage, which can help manage costs.
- Compliance is important to avoid penalties and keep good relationships with employees.
10.3. For the State
- Raising the minimum wage is designed to help workers keep up with the cost of living.
- No local variations make it easier for employers to follow the law.
As reported by VisaVerge.com, the move to increase the minimum wage in West Virginia is seen as a way to address years of stagnant wages and help workers manage rising living expenses. The plan to reach $15 per hour by 2029 is expected to improve economic conditions for many families, though some business groups have raised concerns about higher labor costs.
Summary Checklist
West Virginia Minimum Wage 2025: Key Points
- $11.00 per hour minimum wage effective January 1, 2025
- Applies statewide—no local differences
- Tipped employees: $2.62 per hour base wage, must reach $11.00 per hour with tips
- Small employers (fewer than six non-exempt employees at a location): May pay federal minimum wage ($7.25 per hour)
- Overtime: 1.5 times the regular rate for hours over 40 per week
- Youth/training wage: Lower rate possible for workers under 20 for first 90 days
- Annual increases: $1 per hour each year until $15 per hour in 2029
- Official guidance: West Virginia Division of Labor
Final Takeaways and Next Steps
- Employers: Review your payroll, update systems, and plan for future increases.
- Workers: Check your pay and speak up if you’re not getting the right wage.
- Stay informed: Laws can change, so check official resources each year.
By following these steps and using the checklist, you can make sure you’re ready for the new minimum wage in West Virginia. This will help you avoid legal trouble, keep your business running smoothly, or make sure you get paid what you deserve. For more details or help, visit the West Virginia Division of Labor or the U.S. Department of Labor.
If you have questions about how these changes affect your immigration status or work authorization, consult with a qualified immigration attorney or contact the West Virginia Division of Labor for guidance.
Learn Today
Minimum Wage → The lowest hourly pay rate an employer may legally pay most workers in West Virginia.
Non-exempt Employee → A worker eligible for minimum wage and overtime protections under state and federal labor laws.
Tipped Employee → A worker who earns a lower base wage but receives tips that must total minimum wage amount.
Overtime Pay → Payment at 1.5 times the regular hourly rate for work exceeding 40 hours per week.
Youth and Training Wage → A lower wage for workers under 20 years old employed less than 90 days.
This Article in a Nutshell
West Virginia’s minimum wage increases to $11.00 per hour in 2025, affecting employers and workers. Special rules apply for small businesses, tipped workers, and youth wages. This guide ensures compliance, avoids mistakes, and prepares payroll for ongoing annual increases, helping both employees and employers navigate the transition smoothly and legally.
— By VisaVerge.com
