The minimum wage is the lowest wage an employer must give their employees, as stated by law. The federal minimum wage applies to all fifty states in the United States.
However, each state has its minimum wage, which can only be higher than the federal minimum wage. Every state's minimum wage varies according to its labor laws.
The minimum wage in West Virginia has been stable for the last seven years. With the rising talk of the federal minimum wage increasing to $15, it can be a concern for employers who have been paying much less to employees for the last seven years.
State-wise minimum wage rises according to changes in the prices of necessities, but West Virginia has had the same minimum wage for a long time.
While some states have complicated labor laws that affect minimum wage, having the 11th lowest population in the United States makes the labor laws of West Virginia less complex. Let's look at the minimum wage of West Virginia in 2023.
What is the Minimum Wage in West Virginia?
The minimum wage for every state of the United States is modified according to the rising cost of living.
The change in the cost of living is modified according to the Consumer Prince Index (CPI), which the Federal Department of Labor publishes. Federal Labor laws state that you can only increase the minimum wage; you cannot decrease it.
The minimum wage for employees in West Virginia can differ based on whether a tipped employee or an untipped employee. An employer can enjoy tipped credit according to state laws, which allows them to pay lower wages to their tipped employees. But, West Virginia state law only allows this for employers with at least six employees, if not more.
However, the tips earned by employees must make up the difference between the cash and minimum wages; otherwise, the employer will have to pay the difference.
The employer must inform the employee about the tipped credit; if they fail to do so, the employee will be entitled to the full state minimum wage and the tips they earn.
Minimum Wage in West Virginia in 2023
The state minimum wage only applies to businesses with six or more employees. Smaller companies with less than six employees must follow the federal minimum wage. The minimum wage in West Virginia for employees is 8.75 dollars per hour in 2023.
Tipped minimum wage is allowed under the Labor Laws of West Virginia. An employer using tipped credit can go as low as paying $2.62. The rest must be made up for with tips, but if that is not possible, the employer will have to up for the difference.
The tip credit percentage is as high as 70%($6.30) in West Virginia, which makes it advantageous for employers. There is no limitation for monthly tips earned, which makes it even better for businesses.
Any change in the minimum wage in West Virginia can be seen on theDivision of Labor website, but the chances of change are slim and will only happen in 2024.
West Virginia Weekly Minimum Wage
The weekly wage an employee working on minimum wage will earn depends on the number of hours an employee works within a week.
If an employee works eight hours a day, five days a week, the total working hour would be 40 per week. So in 2023, an untipped employee can earn $350 per week.
West Virginia Overtime Minimum Wage
West Virginia has state-specific overtime laws, yet the overtime minimum wage is the same as the Federal Fair Labor Standard Act.
Most employees in West Virginia are entitled to the Federal overtime pay rate, which is awarded for any hours worked more than the 40 hours that are due per week. This is why it is crucial to keep track of the hours worked by employees to ensure whether they are entitled to overtime or not.
West Virginia has no overtime limit, unlike some states who have set a daily limit on overtime.
The overtime minimum wage is half-time more than the regular wage, which means the West Virginia overtime minimum wage is $13.125.
However, this will only apply to any extra hours worked over eight hours daily. They cannot demand overtime if they have been awarded leave or paid vacation, as those are not counted as the weekly 40 hours.
How is West Virginia Minimum Wage Different from the Federal Minimum Wage?
According toFederal Labor laws, the federal minimum wage has been $7.25 per hour since 2009.
Every state has its minimum wage laws, but generally, if employees are subjected to both, they are entitled to receive the higher amount. That amount will either be $7.25 or more, according to what the specific state is paying.
It means that most West Virginian employees will get $8.75, which is one dollar higher than the Federal minimum wage.
Who Qualifies for Minimum Wage in West Virginia?
Other than exempt employees, most employees qualify for minimum wage. Tipped employees might be paid according to their reduced wages, which must be made up for with tips or later on by employers.
Other exempted employees include student workers and people below the age of 18. The minimum wage for youth is $4.25 per hour for the first 90 days of employment. It is called the training wage and primarily applies to youth who have joined their first employment
Historical Change of Minimum Wage in West Virginia
The West Virginia minimum wage has not changed for the last seven years and is still the same in 2023.
The table below shows how the minimum wage in West Virginia has barely changed over the last ten years.
Effective Date | Minimum Wage Per Year |
January 1st, 2023 | $8.75 |
January 1st, 2022 | $8.75 |
January 1st, 2021 | $8.75 |
January 1st, 2020 | $8.75 |
January 1st, 2019 | $8.75 |
January 1st, 2018 | $8.75 |
January 1st, 2017 | $8.75 |
January 1st, 2016 | $8.75 |
January 1st, 2015 | $8.00 |
January 1st, 2014 | $7.25 |
January 1st, 2013 | $7.25 |
January 1st, 2012 | $7.25 |
Conclusion
The minimum wage in West Virginia is currently $8.75 in 2023. Employers of tipped employees can enjoy tipped credit, but the difference in an amount from minimum wage must be made up for by tips, as otherwise, the employer has to make up for the difference.
FAQ
1. Is the Minimum Wage in West Virginia higher than the Federal Minimum Wage?
Yes, the minimum wage in West Virginia is higher than the Federal Minimum Wage. It is about 1.50 dollars more than the Federal Minimum wage.
2. How much can you expect to earn on Minimum Wage in West Virginia yearly?
Despite there generally being 52 weeks per year, most employees can work for about 49 weeks, if not less, due to holidays and vacations. A minimum wage employee in West Virginia can expect to earn $17,150 per year without working overtime.
3. What is the Living Wage in West Virginia?
In order to maintain a minimum decent standard of living in West Virginia, a single person with no dependents requires around $15.45 per hour. Furthermore, a household with two adults and two children needs to earn at least $22.68 per hour to maintain the same living standard.
