West Virginia Minimum Wage: What you need to know

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Several classes of workers are exempt from West Virginia's minimum wage provisions, including (WV Code Sec. 21-5C-1):
• Most agricultural workers
• Those who are employed by educational, charitable, religious, fraternal, or nonprofit agencies where an employer-employee relationship does not exist
• Federal employees
• Newspaper carriers and shoe shiners
• Pin chasers in bowling lanes and caddies
• Members of the employer's immediate family
• Certain severely handicapped workers
• Employees of children's summer camps
• Employees in approved on-the-job training programs
• Those over the age of 62 on Social Security
• Local bus company workers
• State firefighters
• Students working part-time
• Theater ushers
• Outside salespeople
• Employees in state government paid on a per diem basis
• Administrative, executive, and professional employees
Note: The FLSA regulations define exemptions for certain administrative, executive, and professional employees. There is additional information.
Employers subject to state minimum wage requirements may pay employees under the age of 20 a state training wage (WV Code Sec. 21-5C-2).
An employer may apply the fair value of room and lodging toward the minimum wage requirement (WV Code Sec. 21-5C-4).
Employers are required to keep written records that include each employee's name, address, rate of pay, hours of employment, payroll deductions, and amount paid for each pay period. Records must be retained by the employer at its place of business for 2 years.
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