West Virginia · Unpaid wages · Updated Oct 2026

West Virginia wage claims: how to get your unpaid pay

Not paid for all your hours, no overtime, or no final paycheck? Here is West Virginia’s minimum wage, the final-paycheck rules, the deadlines and where to file, in plain English.

$8.75minimum wage in 2026
$2.62tipped cash wage
Nodaily overtime
Next paydayfinal pay if fired
See belowtime limit to file (see details)

Where to file in West Virginia

Wage claims in West Virginia go to this state office. Filing is usually free.

Office
West Virginia Division of Labor, Wage and Hour Section
Phone
304-558-7890
Official wage claim page

For federal minimum wage and overtime you can also contact the US Department of Labor, Wage and Hour Division: 1-866-487-9243. How federal claims work.

How to file a wage claim in West Virginia

  1. Gather your records

    Dates and hours worked, your pay rate, pay stubs or bank deposits, texts or schedules, and the employer's name and address.

  2. Ask in writing first (optional)

    A demand letter gives your employer a deadline to pay and shows you tried. Use the free letter on this page.

  3. File with West Virginia Division of Labor

    To have the Division of Labor look into unpaid wages, you submit a Request for Assistance (RFA) to the Wage and Hour Section (1900 Kanawha Blvd. East, Building 3, Room 200, Charleston, WV 25305; phone 304-558-7890; email [email protected]). Include your contact information, your employer's name, address and phone, the amount you believe you are owed, a short description of your work, and any pay stubs or records you have. The Division investigates, tells you and the employer what it found, and either side can ask for a status conference; if the employer does not pay, the Commissioner can issue an order, and the employer can ask for a hearing. With your consent, the Commissioner can also sue to collect your wages without paying court fees (W. Va. Code § 21-5-12).

Minimum wage and overtime in West Virginia

West Virginia's minimum wage is $8.75 an hour (W. Va. Code § 21-5C-2). It applies only where the employer has at least 6 non-exempt employees at the same work location; otherwise the federal $7.25 may apply. New workers under 20 can be paid a training wage of at least $6.40 for up to 90 days. The state rate rises automatically only if the federal minimum goes higher. No increase is scheduled.

Minimum wage (2026)
$8.75
Tipped cash wage
$2.62

Overtime

Employers covered by the state law must pay 1.5 times your regular rate for hours over 40 in a workweek (W. Va. Code § 21-5C-3). There is no daily overtime rule.

Paydays: At least twice every month, with no more than 19 days between paydays, unless there is a special agreement (W. Va. Code § 21-5-3(a)).

Your final paycheck in West Virginia

If you are fired or laid off
On or before the next regular payday.
If you quit
On or before the next regular payday.
Law
W. Va. Code § 21-5-4(b)

When was your final paycheck due in West Virginia?

Enter how your job ended and your last day of work. We show your state’s rule and, when the rule is a simple number of days or your next payday, the date.

Enter your last day of workThe result appears when you pick a date.

Dates are approximate: we skip weekends for business and working days but not holidays. Nothing you type here is sent anywhere.

Penalties your employer may owe

If the employer does not pay final wages on time, it owes the unpaid amount plus two times that amount as liquidated damages (W. Va. Code § 21-5-4(e)). If you win a lawsuit under the Wage Payment and Collection Act or the Minimum Wage Act, the court may make the employer pay costs and reasonable attorney's fees (§§ 21-5-12(b), 21-5C-8(c)).

Retaliation and immigration status

It is a crime for an employer to willfully fire or punish you because you complained to the employer or the Commissioner about not being paid minimum wage or overtime, sued, or testified (W. Va. Code § 21-5C-7(a)).

Federal law also makes it illegal to fire or punish you for filing a wage complaint or cooperating in an investigation (US DOL Fact Sheet #77A).

The US Department of Labor’s Wage and Hour Division enforces federal wage law without regard to immigration status, and its services are free and confidential whether you are documented or not (US DOL).

Deductions and tips

Your employer may deduct money from your pay (other than taxes and other deductions allowed by law) only with a written wage assignment on the Division's approved form, and a wage assignment can never take more than 25% of your net pay (42 CSR 5-9.1, 9.2). If the employer takes an authorized deduction but does not pass it on to the creditor or plan, it is an illegal deduction (42 CSR 5-9.6).

Good to know in West Virginia

  • The $8.75 state minimum wage covers only workplaces with 6 or more non-exempt employees at the same location (Division of Labor FAQ).
  • An agreement to work for less than the minimum wage is not valid (W. Va. Code § 21-5C-8(a)).
  • In a minimum-wage lawsuit you can recover only wages that should have been paid in the 2 years before you sue (W. Va. Code § 21-5C-8(d)).

Forms

Wage-theft calculator for West Virginia

Work out what you should have been paid: at least the minimum wage for every hour, plus overtime. Then compare it with what you got.

If a higher city or county minimum wage applies where you work, enter that rate if it is more than you were promised.

Before taxes, if you know it. Leave it empty to see only what you were owed.

Fill in your pay, hours and weeksThe result appears as you type.

West Virginia overtime rule: Employers covered by the state law must pay 1.5 times your regular rate for hours over 40 in a workweek (W. Va. Code § 21-5C-3). There is no daily overtime rule.

Penalties your employer may also owe in West Virginia: If the employer does not pay final wages on time, it owes the unpaid amount plus two times that amount as liquidated damages (W. Va. Code § 21-5-4(e)). If you win a lawsuit under the Wage Payment and Collection Act or the Minimum Wage Act, the court may make the employer pay costs and reasonable attorney's fees (§§ 21-5-12(b), 21-5C-8(c)).

Tipped workers: this calculator does not count tips. In many states your employer may pay a lower cash wage if your tips make up the difference to the minimum wage; see your state’s page.

An estimate from the numbers you enter and West Virginia’s rules, not legal advice. Nothing you type in this calculator is sent anywhere.

Free demand letter for unpaid wages

A short, firm letter asking your employer to pay what it owes by a deadline. Many workers get paid at this step, and in some states a written demand starts penalties or makes the employer pay your attorney fees later. Fill this in, then download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail or an email you keep.

When you download or copy the letter, the details you typed are saved on our server. See our privacy policy.

The name on your pay stubs, checks or the business sign. If you only know the owner’s name, use that.

Use the calculator above if you are not sure.

We suggest 10 days.

What were you not paid? (required)

One or two sentences with dates, hours and amounts.

Questions about wage claims in West Virginia

Where do I file a wage claim in West Virginia?

With West Virginia Division of Labor, Wage and Hour Section. Phone: 304-558-7890. To have the Division of Labor look into unpaid wages, you submit a Request for Assistance (RFA) to the Wage and Hour Section (1900 Kanawha Blvd. East, Building 3, Room 200, Charleston, WV 25305; phone 304-558-7890; email [email protected]). Include your contact information, your employer's name, address and phone, the amount you believe you are owed, a short description of your work, and any pay stubs or records you have. The Division investigates, tells you and the employer what it found, and either side can ask for a status conference; if the employer does not pay, the Commissioner can issue an order, and the employer can ask for a hearing. With your consent, the Commissioner can also sue to collect your wages without paying court fees (W. Va. Code § 21-5-12).

What is the minimum wage in West Virginia in 2026?

West Virginia's minimum wage is $8.75 an hour (W. Va. Code § 21-5C-2). It applies only where the employer has at least 6 non-exempt employees at the same work location; otherwise the federal $7.25 may apply. New workers under 20 can be paid a training wage of at least $6.40 for up to 90 days. The state rate rises automatically only if the federal minimum goes higher. No increase is scheduled.

Does West Virginia have daily overtime?

Employers covered by the state law must pay 1.5 times your regular rate for hours over 40 in a workweek (W. Va. Code § 21-5C-3). There is no daily overtime rule.

When is my final paycheck due in West Virginia if I'm fired?

On or before the next regular payday.

When is my final paycheck due in West Virginia if I quit?

On or before the next regular payday.

What can my employer owe besides my wages in West Virginia?

If the employer does not pay final wages on time, it owes the unpaid amount plus two times that amount as liquidated damages (W. Va. Code § 21-5-4(e)). If you win a lawsuit under the Wage Payment and Collection Act or the Minimum Wage Act, the court may make the employer pay costs and reasonable attorney's fees (§§ 21-5-12(b), 21-5C-8(c)).

Can my employer fire me for filing a wage claim in West Virginia?

It is a crime for an employer to willfully fire or punish you because you complained to the employer or the Commissioner about not being paid minimum wage or overtime, sued, or testified (W. Va. Code § 21-5C-7(a)).

Employer still won't pay? Small claims court is often the next step for amounts under the state limit.

Small claims in West Virginia
Sources

Last checked: Oct 2026.

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