Wage-and-hour ground rules for hotel and hospitality employers in West Virginia — minimum wage, tipped-employee rules, overtime, breaks, premium pay, and the hotel-specific obligations that apply on top. Figures below were last reviewed on June 12, 2026; most rates adjust annually.
Verified as of June 12, 2026 — every figure on this page was checked against the official sources listed at the bottom on that date. How we verify →
Minimum wage#
The West Virginia minimum wage is $8.75 per hour, effective January 1, 2016. $8.75 since Jan. 1, 2016 (W.Va. Code §21-5C-2); no indexing or scheduled increases. State coverage: employers with 6+ employees at one location. No increase for 2026.
Tipped employees & tip pooling#
West Virginia allows a tip credit: employers may pay tipped employees a cash wage of $2.62 and claim up to $6.13 per hour in tips toward the minimum wage. Tip credit limited to 70% of the state minimum wage; the employee must customarily receive tips and keep all tips (valid pooling excepted), and tips plus cash must equal $8.75. W.Va. Code §21-5C-4: maximum tip credit is 70% of minimum wage ($6.13), leaving a $2.62 cash minimum — above the federal $2.13. WV Division of Labor publishes the $2.62 figure.
Tip pooling#
FLSA standards govern pooling; managers/supervisors excluded; BOH inclusion only without a tip credit. (29 U.S.C. §203(m)(2)(B))
See the federal baseline rules in our tip credit and tip pooling briefs — the stricter of federal or West Virginia law controls.
Overtime#
Overtime is due after 40 hours in a workweek. State OT at 1.5× over 40 (W.Va. Code §21-5C-3) for state-covered employers; FLSA-covered hotels apply federal overtime. Coverage interplay between the state act and FLSA was reworked by 2014-2015 amendments — most hotels effectively follow FLSA OT with the state's higher MW.
Run the math — including the tipped-overtime trap — with the tipped overtime calculator.
Meal & rest breaks#
Meal breaks: Employees working 6+ hours must receive at least a 20-minute meal break if they are not otherwise afforded necessary breaks or permitted to eat while working. (W.Va. Code §21-3-10a)
Rest breaks: Not required by West Virginia law.
Scheduling & premium pay#
- Reporting-time pay: None required by state law.
- Split-shift premium: None.
- Spread of hours: None.
Service charges & gratuities#
West Virginia has no service-charge-specific statute — the federal tip/service-charge line (and IRS treatment) controls. Background: service charges, auto-gratuities & resort fees.
Pay administration#
- Pay frequency: At least twice per month (semimonthly), with no more than 19 days between paydays (W.Va. Code §21-5-3); final wages due by the next regular payday.
- Wage statements: Itemized statement of deductions required with each wage payment under the Wage Payment and Collection Act; WPCA liquidated damages (2× unpaid wages) for violations. (W.Va. Code §21-5-3; §21-5-4)
- Exempt salary floor: $684.00/week (federal) — Federal $684/week applies.
- Lodging credit: Board/lodging furnished may be credited at fair value per Division of Labor rules with employee agreement and records (relevant for resort properties such as Greenbrier-area employers).
The 70% tip-credit cap ($2.62 cash) and the strict WPCA timing/damages rules are the main WV-specific exposures for hotels. No local minimum wage preemption statute identified and no local rates exist.
Official sources#
- WV Division of Labor — Wage & Hour
- WV Division of Labor — Minimum wage FAQ (accessed 2026-06-12)
- OnPay — West Virginia minimum wage 2026 (cross-check $8.75/$2.62/70%) (accessed 2026-06-12)