West Virginia Minimum Wage Law Amended: Various Documents Updated
Author: Michael Cardman, XpertHR Legal Editor
West Virginia's governor on May 29 signed a new law that:
- Restores through December 31, 2014, the minimum wage exemption for employers that have 80 percent or more of their employees subject to the federal Fair Labor Standards Act (FLSA);
- Restores the overtime exemption for employers that have 80 percent or more of their employees subject to the FLSA;
- Changes the effective date for the $8.00 minimum wage increase from January 1, 2015, to December 31, 2014;
- Changes the effective date for the $8.75 minimum wage increase from January 1, 2016, to December 31, 2015;
- Postpones from June 6, 2014, to December 31, 2014, the 50 percentage point increase in the proportion of the minimum wage that can be satisfied by tips;
- Continues the current $5.15 subminimum wage through December 31, 2014, when the new $6.40 subminimum wage kicks in; and
- Provides that the West Virginia subminimum wage may never fall below the federal subminimum wage.
Three entries in the Legal Timetable (for the change in the tip credit, the 2014 minimum wage increase and the 2015 minimum wage increase) have been updated. In addition, the chart Minimum Wage Rates by State and Municipality and the Minimum Wage: West Virginia, Employee Classification: West Virginia and Overtime: West Virginia sections of the Employment Law Manual have been updated.