The Wage & Hour Section of the West Virginia Division of Labor is responsible for the enforcement of West Virginia’s Minimum Wage & Maximum Hour Standards. As federal law also addresses minimum wage and maximum hour (overtime) requirements under the authority of the Fair Labor Standards Act (FLSA), each employer (and employee) working within the State of West Virginia must be evaluated to determine which law applies to the specific circumstances. As the rules for determining jurisdiction are different for minimum wage than maximum hours, most employers (and employees) will find themselves covered under state law for minimum wage, and federal law for overtime wages.
For the purpose of minimum wage coverage, the state minimum wage of $8.75 will apply whenever there are six (6) or more non-exempt employees working at any one separate, distinct and permanent work location. As the federal minimum wage is currently less than the state minimum wage requirement, the only occasion in which the federal minimum wage would apply to employees working in West Virginia would be when the six (6) employee requirement is not met.
As for state overtime requirements, the provisions of state law specifically exclude coverage for any employer having 80% (or more) of their employees covered by any federal act relating to maximum hours and overtime compensation. That means if 80% or more of an employer’s workforce is subject to the provisions of the Fair Labor Standards Act (FLSA), then state overtime requirements will not apply.
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