West Virginia minimum wage and worker rights
West Virginia at a glance
West Virginia is home to about 30,515 foreign-born residents (1.7% of the state’s 1,784,462 people) and 36,125 residents of Hispanic or Latino origin (2.0%), per the U.S. Census Bureau’s American Community Survey (2023 5-year estimates). The procedures below apply to everyone in West Virginia regardless of immigration status unless noted.
Minimum wage in West Virginia (official DOL data)
Official source: Department of Labor — State Minimum Wage Laws
DOL updated: January 1, 2026 · Verified on: 2026-05-25
Minimum wage in West Virginia
- Basic minimum rate: $8.75/hour
- Detail: $8.75
Federal Fair Labor Standards Act (FLSA)
Federal minimum wage is $7.25/hour (unchanged since 2009). Applies to FLSA-covered employers when state wage is lower or non-existent.
2025 minimum wage
West Virginia: $8.75
Basic worker rights (regardless of immigration status)
Under federal law (FLSA) and West Virginia labor laws:
- ✅ Minimum wage guaranteed
- ✅ Overtime pay (1.5× over 40 hours/week)
- ✅ Pay for all hours worked
- ✅ Safe work environment (OSHA)
- ✅ Protection against retaliation for reporting violations
- ✅ Worker’s compensation access if injured at work (depends on state)
Important: These rights apply to ALL workers in the US, including undocumented persons. Immigration status does NOT remove these rights.
Where to report labor abuses in West Virginia
Department of Labor (DOL) — federal
- Wage and Hour Division (WHD): dol.gov/agencies/whd
- Phone: 1-866-487-9243 (interpreters in many languages)
- Does NOT require immigration status verification
- Can report anonymously
West Virginia Department of Labor
Search “West Virginia Department of Labor” or “Labor Commissioner”.
OSHA (occupational safety)
- Federal OSHA: osha.gov/complaint
- Report unsafe environments, unreported accidents, lack of protective equipment
Worker’s Compensation in West Virginia
If injured at work in West Virginia, you have worker’s compensation rights regardless of immigration status. Covers: medical expenses, lost wage pay, permanent disability (if applicable).
Important: Worker’s comp does NOT affect your immigration status. It’s illegal for employer to fire you for filing worker’s comp claim.
ITIN for work
If you earn income in West Virginia and need to file taxes but don’t have SSN, use ITIN.
Related information
Last verified: 2026-05-25.
General procedural information for educational purposes. Not legal, tax, or immigration advice. Laws and fees change — verify with the issuing agency before taking action. For case-specific guidance, consult a licensed immigration attorney or other appropriate professional.
Related procedural information
- USCIS Form I-765 — Employment Authorization (EAD) — required for non-citizen work
- Form I-9 — Employment Eligibility Verification — what your employer must verify
- Workplace rights regardless of immigration status — wage theft, OSHA, anti-retaliation
- ITIN for tax filing without SSN — required if working under ITIN
- Find an immigration attorney — for wage-and-hour or employment discrimination cases
Frequently asked questions
Do undocumented workers have labor rights in West Virginia?
What is West Virginia's minimum wage in 2025?
Can my employer pay me less than minimum if I'm undocumented?
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General information, not legal advice. MigrantUSA is an independent publisher and is not a law firm; using this site does not create an attorney-client relationship, and this content is not a substitute for advice from a licensed attorney about your specific situation. US federal, state, and local government procedures, fees, and forms change. Always verify current details directly with the relevant agency before acting. For immigration, tax, or other legal matters specific to your situation, consult a licensed attorney or BIA-accredited representative.