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The Mandate Monitor

What employers in West Virginia must do

Checked November 8, 2026From the agencies that run each program

Short answer

Employers in West Virginia must pay most workers at least $8.75 an hour.

West Virginia has no state paid family and medical leave insurance program.

Running payroll in West Virginia? See the do-it-yourself route and list prices for the 8 payroll systems that say they file payroll taxes.

West Virginia requirements at a glance

RequirementStatusWhat it means for you
Minimum wageIn effect$8.75 an hour for most workers

Pay rules West Virginia employers must follow

Paydays
At least twice a month, with no more than 19 days between paydays, unless a special agreement says otherwise.
Final paycheck, fired
By the next regular payday.
Final paycheck, quit
By the next regular payday.
Meal breaks
20-minute meal break for workdays of 6 hours or more, unless employees already get breaks or can eat while working.
Rest breaks
We found no state requirement for adults.
Overtime
Time and a half after 40 hours in a workweek. State overtime applies only when the company has 6 or more non-exempt employees at one location, isn’t covered by the federal Fair Labor Standards Act (FLSA) as an enterprise, and fewer than 80% of its employees are individually covered by it. Other employers follow the federal rule where the FLSA covers the business or the employee.
New hire reporting
Within 14 days of hire or rehire, to the West Virginia New Hire Reporting Center. Independent contractors paid $2,500 or more a year must be reported too, within 14 days.

From the West Virginia Division of Labor and the U.S. Department of Labor’s state tables, checked November 7, 2026.

Upcoming West Virginia deadlines

No dated West Virginia deadlines on file right now. Federal year-end filings still apply.

Deadline calendar for every state · How to hire your first employee · Employer law changes for 2027 · All states

Sources

  1. West Virginia Division of Labor, Wage and Hour Section
  2. State Payday Requirements (last revised January 1, 2023), U.S. Department of Labor, Wage and Hour Division (read Nov 7, 2026)
  3. Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector (last revised January 1, 2023), U.S. Department of Labor, Wage and Hour Division (read Nov 7, 2026)
  4. Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector (last revised January 1, 2023), U.S. Department of Labor, Wage and Hour Division (read Nov 7, 2026)
  5. State Minimum Wage Laws, including premium (overtime) pay after designated hours (updated November 5, 2026), U.S. Department of Labor, Wage and Hour Division (read Nov 7, 2026)
  6. W. Va. Code § 21-5-3, Payment of wages, West Virginia Legislature (read Nov 8, 2026)
  7. W. Va. Code § 21-5-4, Wages due on separation, West Virginia Legislature (read Nov 7, 2026)
  8. W. Va. Code § 21-3-10a, Meal breaks, West Virginia Legislature (read Nov 7, 2026)
  9. Reporting Fundamentals, West Virginia New Hire Reporting Center (read Nov 8, 2026)
  10. Minimum Wage FAQ: when overtime wages apply, West Virginia Division of Labor (read Nov 8, 2026)
  11. Overtime Wages Fact Sheet 1: State Versus Federal Overtime Jurisdiction (July 2016), West Virginia Division of Labor (read Nov 8, 2026)
  12. W. Va. Code § 21-5C-3, Maximum hours; overtime compensation, West Virginia Legislature (read Nov 8, 2026)