Minimum Wage Requirements in West Virginia 2024

Feb 14, 2024 | 3 min read

Overview of West Virginia's Minimum Wage Requirements

As of 2024, the minimum wage requirements in the state of West Virginia have undergone significant changes. According to the House Bill 2481 introduced in the West Virginia Legislature, every employer is required to pay their employees wages at a rate not less than $10.00 per hour after December 31, 2023. This rate is set to incrementally increase each year, with employers required to pay a minimum wage of $11.00 per hour after December 31, 2024.

The minimum wage will continue to increase each year until it reaches $15.00 per hour after December 31, 2028. In addition to this, there is a subminimum training wage in place. An employer may pay an employee first hired after December 31, 2023, a subminimum training wage not less than $9.00 per hour. This training wage also increases for employees first hired after December 31, 2023, to not less than $10.50 per hour.

Understanding Local Minimum Wage Variations

The minimum wage requirements in West Virginia are designed to incrementally increase over the years, providing a gradual rise in income for employees in the state. However, it's important to note that these requirements apply to all employers of six or more employees, unless they are specifically exempt.

While the state-wide minimum wage is set at $10.00 per hour, there may be variations at the local level. For instance, in Huntington, the current minimum wage is $11.00 per hour, effective from December 31, 2024. This is an increase from the previous minimum wage of $10.00 per hour that was effective after December 31, 2023.

Minimum Wage Eligibility and Exemptions

In West Virginia, the minimum wage is applicable to all employers of six or more employees, unless they are specifically exempt. There are several categories of workers who are exempt from this minimum wage requirement.

Exemptions include administrative employees, agricultural employees, executive employees, drivers covered by federal DOT regulations, federal employees, and firefighters employed by the state of West Virginia. Other exemptions include golf caddies, handicapped individuals working in a nonprofit sheltered workshop, immediate family members, and individuals 62 years of age or older receiving social security benefits.

Minimum Wage Considerations and Compliance Tips

As of January 1, 2024, there are several key minimum wage legal and compliance considerations for food business employers in West Virginia. The basic combined cash and tip minimum wage rate is $8.75. Employers can claim a maximum tip credit of 70% against the minimum wage, which equates to $6.13.

This allows employers to pay a minimum cash wage of $2.62 to tipped employees, as long as the tips make up the balance to reach the minimum wage. A tipped employee in West Virginia is defined as an employee who receives more than $30 in tips monthly.

FAQs

  • What is the current minimum wage in West Virginia? As of 2024, the minimum wage in West Virginia is $10.00 per hour.
  • Are there any exemptions to the minimum wage in West Virginia? Yes, there are several categories of workers who are exempt from the minimum wage requirement in West Virginia.
  • What is the minimum wage for tipped employees in West Virginia? The basic combined cash and tip minimum wage rate is $8.75. Employers can claim a maximum tip credit of 70% against the minimum wage, which equates to $6.13.

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