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West Virginia has its own minimum wage — $8.75 an hour — for employers with six or more employees, overtime after 40 hours, and a meal-break rule for workers who cannot eat on the job. Final wages are due by the next regular payday, and its income tax rates were cut again for 2026.

It's a general guide, not legal or tax advice. For your specific situation, check the source links below or talk to a licensed payroll, tax, or employment-law professional.

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Is a pay stub required in West Virginia?

On each scheduled payday, the employer must furnish every employee an itemized statement of earnings, on paper or electronically if the employee has direct, immediate and convenient electronic access to it.

Required on every wage statement — W. Va. Code R. § 42-5-7.3:
  1. Hourly rate of pay or salary
  2. Number of hours for which the employee is being paid
  3. Overtime rate of pay, if applicable
  4. Bonus and incentive pay, if applicable
  5. Itemized deductions
Penalty for non-compliance (W. Va. Code § 21-5-4): The rule sets no separate fine for a missing statement. Under the Wage Payment and Collection Act, an employer that fails to pay final wages on time is liable to the employee for two times the unpaid amount as liquidated damages.

How often must employees be paid?

Employers other than railroads must pay employees at least twice each month, with no more than 19 days between paydays, unless the Commissioner of Labor approves a different schedule on the employer's petition. If the business is closed on a fixed-date payday, wages must be paid on the preceding business day.

Source: W. Va. Code § 21-5-3; W. Va. Code R. §§ 42-5-7.2, 42-5-8

West Virginia minimum wage

West Virginia's minimum wage is $8.75 an hour. The state law applies to employers with six or more employees at one location; others are covered by the federal $7.25 where federal law applies.

$8.75 per hour statewide, effective January 1, 2016West Virginia cities do not set their own minimum wages.
  • Tipped employees: a cash wage of at least $2.62 per hour (a 70% tip credit), provided tips bring total pay to $8.75.

Source: W. Va. Code § 21-5C-2

Overtime & double time

West Virginia requires time and a half for hours over 40 in a workweek. There is no daily overtime rule.

TriggerPay rate
Daily overtimeNo daily overtime rule.
Weekly overtime1.5× the regular rate for hours beyond 40 in a workweek.
7th consecutive workdayNo seventh-consecutive-day rule.

Source: W. Va. Code § 21-5C-3

Meal & rest break requirements

Employers must give at least 20 minutes for a meal break to employees who work six or more consecutive hours, unless the employees are allowed to eat while working or have other breaks.

There is no separate rest-break requirement. Short breaks of about 5 to 20 minutes that an employer allows are paid time under federal law.

If a break is missed:No premium pay is owed for a missed meal break.

Source: W. Va. Code § 21-3-10a

West Virginia state income tax

West Virginia levies a progressive income tax with five brackets. Legislation signed March 31, 2026 cut rates by 5%, retroactive to January 1, 2026, lowering the top rate from 4.82% to 4.58%.

2026 West Virginia Income Tax Rates (all filers except married filing separately)
Taxable incomeRate
$0 – $10,0002.11%
$10,000 – $25,0002.81%
$25,000 – $40,0003.16%
$40,000 – $60,0004.22%
Over $60,0004.58%
Married individuals filing separately use the same rates with bracket thresholds half as large. The same brackets apply to single, joint and head-of-household filers.

Source: West Virginia Tax Division — 2026 Income Tax Rate Cut; W. Va. Code § 11-21-4J

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Vacation & paid time off (PTO)

West Virginia does not require paid vacation. Whether unused vacation is paid at separation follows the employer's policy or the employment contract.

Vacation pay the employer has promised under its policy can be claimed like other wages due.

"Use-it-or-lose-it" policies:Allowed if the policy says so.
Paid out at termination?Only if the employer's policy or agreement provides for it.

Source: No West Virginia vacation statute; terms set by employer policy or contract

Final paycheck rules

West Virginia applies one deadline to quits, resignations, firings and layoffs: final wages, including fringe benefits payable directly to the employee under written company policy, are due on or before the next regular payday. They may be paid through regular payroll channels or by mail if the employee asks.

SituationFinal wages due
Fired or laid offOn or before the next regular payday
Quits (with or without notice)On or before the next regular payday
Late final pay:Liquidated damages of two times the unpaid wages.

Source: W. Va. Code § 21-5-4

Other West Virginia payroll taxes employers should know

West Virginia has no state disability insurance or paid family leave payroll tax. Employers pay unemployment insurance tax to WorkForce West Virginia.

TaxRateNotes
Unemployment Insurance (employer-paid)Experience-rated after three years; new employers start at 2.7%, or 8.5% for out-of-state construction businessesPaid on each employee's wages up to an annual taxable wage base, which WorkForce West Virginia sets each year (it was $9,521 in 2024).

Source: WorkForce West Virginia — Employer Handbook

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Common questions about West Virginia pay stubs

What is West Virginia's minimum wage?

$8.75 an hour for employers with six or more employees at one location. Tipped employees can be paid $2.62 in cash if tips bring them to the full rate.

Do West Virginia employers have to give meal breaks?

Yes — at least 20 minutes for employees working six or more consecutive hours, unless they can eat while working or receive other breaks.

Does West Virginia require paid sick leave?

No. Any sick time comes from the employer's own policy.

Did West Virginia's income tax change for 2026?

Yes. The state cut its income tax rates again for 2026, so withholding is slightly lower than in 2025.

Guides that go with this page

West Virginia's rules decide what has to appear on the stub. These cover what the figures on it actually mean, wherever you work.

Sources & references

Every figure on this page links back to the primary source below. State and federal payroll rules change — always confirm current-year figures directly with the agency before relying on exact dollar amounts.

  1. W. Va. Code § 21-5-3 (payment of wages; paydays)
  2. W. Va. Code § 21-5-4 (final wages; liquidated damages)
  3. W. Va. Code R. 42CSR5 — Wage Payment and Collection rule (PDF)
  4. WV Division of Labor — WPCA Fact Sheet: Payment of Final Wages (PDF)
  5. West Virginia Tax Division — 2026 Income Tax Rate Cut
  6. WorkForce West Virginia — Employer Handbook (PDF)
  7. U.S. DOL — State minimum wages for tipped employees (January 1, 2026)

Last checked: October 2026. See our editorial standards & sources for how these figures are verified.