West Virginia · updated 2026-10
West Virginia Overtime & Break Laws
Time and a half after 40 hours in a workweek.
Overtime
40h / week
Time and a half after 40 hours in a workweek.
State overtime (1.5x after 40) applies only if the employer has 6+ non-exempt employees at one location and is not FLSA-covered (does not apply if 80%+ of employees are FLSA-covered); most employers follow FLSA.
Federal FLSA rule. source
Meal break
20 min
Yes: 20 minutes for shifts over 6 hours. At least 20 minutes for a workday of 6+ hours (W. Va. Code 21-3-10a); not required if employees already get breaks or may eat while working. Breaks of 20 min or less are paid; bona fide meals of 30+ min may be unpaid.
Rest breaks
Not required
West Virginia law doesn't require rest breaks for adults. Short breaks an employer does give (5–20 minutes) must be paid under federal rules.
Minimum wage
$8.75
$8.75 an hour (since 2016-01-01). Applies where 6+ non-exempt employees work at one location; otherwise federal $7.25. Tipped cash wage $2.62 (70% tip credit).
West Virginia time card
| Day | Clock in | Break min | Clock out | Hours |
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West Virginia pay and break questions
When does overtime start in West Virginia?
Time and a half after 40 hours in a workweek. West Virginia has no separate state overtime law, so the federal FLSA rule applies. State overtime (1.5x after 40) applies only if the employer has 6+ non-exempt employees at one location and is not FLSA-covered (does not apply if 80%+ of employees are FLSA-covered); most employers follow FLSA.
Are lunch breaks required in West Virginia?
Yes: 20 minutes for shifts over 6 hours. At least 20 minutes for a workday of 6+ hours (W. Va. Code 21-3-10a); not required if employees already get breaks or may eat while working. Breaks of 20 min or less are paid; bona fide meals of 30+ min may be unpaid.
Are rest breaks required in West Virginia?
West Virginia law doesn't require rest breaks for adults. Short breaks an employer does give (5–20 minutes) must be paid under federal rules.
What is the minimum wage in West Virginia?
$8.75 an hour (since 2016-01-01). Applies where 6+ non-exempt employees work at one location; otherwise federal $7.25. Tipped cash wage $2.62 (70% tip credit).
Workers under 18 in West Virginia
Teens have extra limits on hours and times of day, and may need a work permit. See West Virginia teen work rules and which employers hire at 14 and 15.
Questions or a complaint? Contact the West Virginia Division of Labor - Wage & Hour Section.