Part of Ferry's 51-state tip laws guide

West Virginia tip laws (2026)

West Virginia's minimum wage is $8.75 for employers with six or more workers at one location. Tips can cover up to 70% of it, so the tipped cash wage is $2.62 and the max tip credit is $6.13. The state also keeps its own 20% side-work limit.

Rates as of Last reviewed

West Virginia at a glance

Tip credit allowed

West Virginia: $8.75 an hour minimum wage. Tipped staff can be paid $2.62 cash, with up to $6.13 counted from tips.

West Virginia tip and wage rates at a glance, as of Nov 3, 2026
State minimum wage$8.75/hrStatewide from .[1]
Tipped cash wage$2.62Plus up to $6.13 in tips = $8.75.[2]
Max tip credit$6.13Counted from tips.[2]
Tip poolingAllowedMandatory pools allowed.[3]
Card-fee deductionPro rata onlyOnly the tip's share of the fee, under federal rules.[3]
Card tip payoutCard tips are due by the regular payday, without waiting on the processor.State payday and deduction rules also apply.[3]
Local minimum wagesNoneNone on file.

Rates verified against the West Virginia Division of Labor, Wage and Hour Section on . Rates as of . Tipped totals are worked out from the rates above. Download this data (CSV)

02The yes/no sheet

Can you do this in West Virginia?

In West Virginia you can take a tip credit of up to $6.13 an hour, can require staff to join a tip pool and can take out only the tip's share of a card fee. Each answer below carries its condition and an official source.

Yes state law allows itNo state law says noDepends read the conditionFederal rule no state rule, federal applies
What restaurant operators can and can't do with tips in West Virginia
NumberCan you…AnswerThe condition
01Take a tip credit against minimum wage?YesPay at least $2.62 cash and count up to $6.13 in tips. Tips must cover the gap.[2]
02Make staff join a tip pool?YesAllowed, as long as only eligible staff share.[3]
03Include bartenders, bussers, runners and hosts?DependsBartender, busser, food runner and host: tip-credit pools: service workers, or dual-job workers while doing service. Actual duties decide. No managers.[4][3]
04Include cooks and dishwashers?DependsTip-credit pools leave out kitchen work. Dual-job workers join only while doing service duties. The state FAQ limits sharing to tip-eligible workers.[4]
05Give managers or supervisors a share?NoFederal law bars managers and supervisors from taking other workers' tips. Tips for service they alone provide are separate.[3]
06Let an owner keep any of the tips?NoFederal law bars employers from keeping workers' tips, including through a tip pool.[3]
07Pick your own split (hours, points or percentages)?DependsThe employer can run eligible sharing and keep records. No set state percentage. Each worker documents tips paid out and kept.[4]
08Take card processing fees out of tips?Pro rata (federal)Federal rule: only the actual proportional credit-card transaction fee may be deducted from charged tips; no deduction exceeding that fee or reducing required minimum wages; state law may forbid even that deduction.[3]
09Hold card tips until payday?DeadlineCard tips are due by the regular payday, without waiting on the processor. State payday and deduction rules also apply.[3]
10Cover walkouts, breakage or register shortages from tips?NoNot from tips.[3]
11Keep a mandatory service charge for the house?Federal ruleNo state rule. Federal rule applies: a compulsory service charge is not an FLSA tip. Amounts distributed to employees are wages that may satisfy wage obligations and must enter the regular rate for overtime. This federal wage classification does not decide contractual or state-law ownership.[3]
12Pay tips on a payroll card?YesAllowed. Offer another way to get paid too.[5][4]

Side work

The 20% side-work rule lives on in West Virginia

The federal 80/20 limit is gone, but West Virginia's own rule still has one. Too much non-tip work means full minimum wage for that time.[4]

Tip credit still allowed

  • Service duties in the tipped job
  • Non-tip duties up to 20% of the week

Full $8.75 required

  • Non-tip duties past 20% of the week
  • Any hours in a separate non-tipped job

03State vs federal

West Virginia vs federal law

West Virginia sets a stricter rule than federal law on 2 of the 10 rules below, starting with a $8.75 minimum wage against the federal $7.25. Where the two differ, the rule that is better for the worker applies.

West Virginia tip rules compared with federal rules (FLSA)
RuleFederal (FLSA)West VirginiaComparison
Minimum wageStricterFederal$7.25[3]West Virginia$8.75[1]Stricter
Tipped cash wageStricterFederal$2.13[3]West Virginia$2.62[2]Stricter
Max tip creditHigher creditFederal$5.12[3]West Virginia$6.13[2]Higher credit
Who counts as tippedState ruleFederalMore than $30 a month in tips, customarily and regularly received in the occupation.[3]West VirginiaState rule: anyone who customarily gets tips, with no dollar minimum. The federal test is more than $30 a month.[4]State rule
Managers in the poolFederal appliesFederalManagers/supervisors meeting the executive duties test cannot keep employees’ tips or receive from pools; they may keep only tips received directly for services they directly and solely provide. No salary-level test is used for this tip restriction.[3]West VirginiaFederal law bars managers and supervisors from taking other workers' tips. Tips for service they alone provide are separate.[3]Federal applies
Kitchen in the poolState ruleFederalCooks and dishwashers may join a nontraditional mandatory pool only when all workers receive a direct cash wage of at least the full federal minimum wage and no tip credit is taken; employer/managers/supervisors remain excluded. State law may be stricter.[3]West VirginiaTip-credit pools leave out kitchen work. Dual-job workers join only while doing service duties. The state FAQ limits sharing to tip-eligible workers.[4]State rule
Card fees from tipsFederal appliesFederalOnly the actual proportional credit-card transaction fee may be deducted from charged tips; no deduction exceeding that fee or reducing required minimum wages; state law may forbid even that deduction.[3]West VirginiaFederal rule applies.[4]Federal applies
Card tip payoutState ruleFederalCharged tips due by regular payday, without waiting for processor reimbursement. Employer-administered pools fully distributed by regular payday for the workweek/pay period; if the amount/distribution cannot be determined before payroll, distribute as soon as practicable afterward.[3]West VirginiaCard tips are due by the regular payday, without waiting on the processor. State payday and deduction rules also apply.[3]State rule
Mandatory service chargesFederal appliesFederalA compulsory service charge is not an FLSA tip. Amounts distributed to employees are wages that may satisfy wage obligations and must enter the regular rate for overtime. This federal wage classification does not decide contractual or state-law ownership.[3]West VirginiaFederal rule applies.[4]Federal applies
Overtime for tipped staffState ruleFederalFor covered nonexempt employees, overtime generally begins after 40 hours in a workweek. Use the full regular rate, at least the full federal minimum wage, not $2.13; the hourly tip credit is not increased for overtime. Voluntary tips above the tip credit are excluded; distributed service charges enter the regular rate.[3]West VirginiaState overtime starts after 40 hours. Employers with 80% of workers under federal law are outside state overtime, but federal overtime rules apply.[6]State rule

04Wages

Minimum wage and the tip credit in West Virginia

In West Virginia employers can pay tipped staff $2.62 an hour and count up to $6.13 in tips toward the $8.75 minimum. If tips fall short, the employer makes up the difference.[2]

Worked example

One server, one slow 30-hour week in West Virginia

Minimum for the week: 30 × $8.75$262.50
Cash wage you pay: 30 × $2.62$78.60
Tips have to cover: 30 × $6.13$183.90
Tips actually earned$120.00
You top up the gap$63.90
Cash wageTips countedYour top-up

A busy week with $183.90 or more in tips needs no top-up. Every tip above that is the server's. Fictional worker and tips.

Tip credit conditions
State-covered tipped workers: credit up to 70%, based on actual tips in signed reports. Cash plus tips must reach $8.75 each week.[7]
Who counts as tipped
State rule: anyone who customarily gets tips, with no dollar minimum. The federal test is more than $30 a month.[4]
Overtime
State overtime starts after 40 hours. Employers with 80% of workers under federal law are outside state overtime, but federal overtime rules apply.[6]
Side work and dual jobs
If non-tip duties top 20% of the week, that time gets full minimum wage. Separate non-tipped job hours always do. Track service hours.[4]

Other rates

Other minimum wage rates in West Virginia
RateHourly
Tier State coverageSix or more covered workers at one separate, permanent location. Some workers are exempt. Since .[6]$8.75

Scheduled increases

No statewide increase with a published amount is on file as of .

How the credit works

West Virginia caps the tip credit at 70%

Instead of a fixed dollar credit, state law lets tips cover up to 70% of the $8.75 minimum. The state publishes that as $6.13, leaving a $2.62 cash wage.[7][6][4][2][8]

  • 01

    70% cap

    Up to $6.13 of the $8.75 minimum can come from tips. The cash wage is at least $2.62.[7][2][8]

  • 02

    Who's covered

    Employers with six or more covered workers at one separate, permanent location. Others may fall under federal law.[6][8]

  • 03

    Signed tip reports

    The credit rests on actual tips in signed, dated reports. IRS Form 4070 or an equivalent works.[4]

05Local rates

City and county minimum wages in West Virginia

No city or county minimum wages above the $8.75 state rate are on file for West Virginia.

06Tip pool

Who can be in the tip pool in West Virginia

West Virginia allows tip pools, and employers can make them mandatory. Owners, managers and supervisors can't share in them. A tip pool collects tips and splits them among staff; a tip-out is one worker handing part of their tips to others.

Who can share in a tip pool in West Virginia, by role
RoleCan share?Condition
Front of house
ServerDependsTip-credit pools: service workers, or dual-job workers while doing service. Actual duties decide. No managers.[4]
BartenderDependsTip-credit pools: service workers, or dual-job workers while doing service. Actual duties decide. No managers.[4]
BusserDependsTip-credit pools: service workers, or dual-job workers while doing service. Actual duties decide. No managers.[4]
Food runnerDependsTip-credit pools: service workers, or dual-job workers while doing service. Actual duties decide. No managers.[4]
HostDependsTip-credit pools: service workers, or dual-job workers while doing service. Actual duties decide. No managers.[4]
BarbackDependsTip-credit pools: service workers, or dual-job workers while doing service. Actual duties decide. No managers.[4]
ExpoDependsTip-credit pools: service workers, or dual-job workers while doing service. Actual duties decide. No managers.[4]
Back of house
CookDependsTip-credit pools: service workers, or dual-job workers while doing service. Actual duties decide. No managers.[4]
DishwasherDependsTip-credit pools: service workers, or dual-job workers while doing service. Actual duties decide. No managers.[4]
Leadership
Shift leadDependsTip-credit pools: service workers, or dual-job workers while doing service. Actual duties decide. No managers.[4]
Manager or supervisorNot allowedFederal law bars taking other workers' pooled tips.[3]
OwnerNot allowedFederal law bars taking other workers' pooled tips.[3]
Managers and supervisors
Federal law bars managers and supervisors from taking other workers' tips. Tips for service they alone provide are separate.[3]
Owners
Federal law bars employers from keeping workers' tips, including through a tip pool.[3]
Back of house
Tip-credit pools leave out kitchen work. Dual-job workers join only while doing service duties. The state FAQ limits sharing to tip-eligible workers.[4]
Who sets the percentages
The employer can run eligible sharing and keep records. No set state percentage. Each worker documents tips paid out and kept.[4]
Cap on what a pool can take
No state rule. Federal rule applies: no federal percentage or amount cap for a valid mandatory pool; eligibility, notice and minimum wage rules still apply.[3][4]
Pooling allowed
Yes.[3]

07Put it to work

Setting up a tip pool in West Virginia

Under West Virginia rules, 6 of the 10 staff in this example can share a $1,200 pool. The table splits the same pool by percentage, by points and by hours.

The law decides who's in. You still have to run the split every shift and pay it out. That part is a math and payout job, and it's the same job whether you have one location or forty.
Saturday dinner pool$1,200.00
6 of 10 staff can share in West Virginia
By %
By points
By hours
Servers 67.1%Bar 14.6%Support 18.3%
The same $1,200.00 pool split three ways, using roles that can share in West Virginia
WhoBy %By pointsBy hours
MayaServer, 6 h, 10 pts$268.29$250.00$211.78
JordanServer, 6 h, 10 pts$268.29$250.00$211.76
PriyaServer, 6 h, 10 pts$268.29$250.00$211.76
SamBartender, 6 h, 8 pts$175.61$200.00$211.76
LuisBusser, 5 h, 5 pts$109.76$125.00$176.47
AvaFood runner, 5 h, 5 pts$109.76$125.00$176.47
TheoCook, 7 hNot in the pool. Out here: this pool includes servers paid with a tip credit.
KimCook, 7 hNot in the pool. Out here: this pool includes servers paid with a tip credit.
RafaDishwasher, 6 hNot in the pool. Out here: this pool includes servers paid with a tip credit.
DanaManager or supervisor, 2 h (ran food)Not in the pool. Federal law bars taking other workers' pooled tips.
Total$1,200.00$1,200.00$1,200.00

Fictional restaurant and staff. The guest-facing staff here are assumed to meet West Virginia's condition for sharing (see who can be in the tip pool, above). Percentages and point weights are examples, not a recommendation. Shares are rounded to the cent, and any leftover cent goes to the first server. Run your own numbers in the tip pooling calculator.

Support Pool contributors: Server $262.83 and Bartender $54.92, for a total of $317.75. Support Pool receivers, pooled by Day and distributed by Hours Worked: Jonah Kim, Busser, 6.50 hours, +$179.56. Sofia Nunez, Food Runner, 5.00 hours, +$138.19. Total 11.50 hours and $317.75.

Support pool split. Servers and bartenders pay into the support pool, split by hours worked.
Ferry Tip Manager

Ferry Tip Manager: support pool split by hours

Servers and bartenders pay into the support pool, and Tip Manager splits it by hours worked. Each person sees their share, with no spreadsheet at close.

Who it's for Full-service restaurants that tip out bussers, runners and bar backs

Run your own numbersPlug your staff and tips into the tip pooling calculator

08Service charges

Service charges vs tips in West Virginia

West Virginia has no service charge rule of its own. Under federal law a mandatory service charge is not a tip, and any part paid to staff counts as wages.

Tips compared with service charges in West Virginia
QuestionOptionalTipMandatoryService charge
Who sets the amountThe guestThe business
Who it belongs toThe worker it was left for, or the poolNo state rule. Federal rule applies: a compulsory service charge is not an FLSA tip. Amounts distributed to employees are wages that may satisfy wage obligations and must enter the regular rate for overtime. This federal wage classification does not decide contractual or state-law ownership.[3][4]
Can it go to staff?Yes, through the poolYes. Amounts paid to staff are wages, not tips.[3]
How it's taxed (federal)Tip income the worker reportsRegular wages, with payroll taxes[9][10]
Guest noticeNone neededNo state rule. Federal law sets no menu or receipt notice rule.[4]
  1. Step 1Did the guest choose whether to pay it, and how much?
    YesIt's a tip. It belongs to staff.
    NoIt's a mandatory charge. Go to step 2.
  2. Step 2What does West Virginia say?Federal ruleNo state rule. Federal rule applies: a compulsory service charge is not an FLSA tip. Amounts distributed to employees are wages that may satisfy wage obligations and must enter the regular rate for overtime. This federal wage classification does not decide contractual or state-law ownership.[3][4]
  3. Step 3Check the cityNo city service charge rules on file for West Virginia.
Menu and receipt notice
No state rule. Federal law sets no menu or receipt notice rule.[4]
Large-party auto gratuities
No state rule found. Under federal law, a mandatory service charge isn't a tip, and paid-out charges count toward overtime pay.[3]

Local service charge rules

No local service charge rules on file for West Virginia.

More on the difference: service charge vs tip.

09Card tips

Card tips in West Virginia: fees and payout timing

In West Virginia only the tip's share of the card processing fee can come out of a card tip, under federal rules. Payout deadline: card tips are due by the regular payday, without waiting on the processor. State payday and deduction rules also apply.

Card processing fees
Pro rata (federal)Only the tip's share.

No state card-fee rule. Federal law allows only the actual proportional fee, never below minimum wage. State deduction limits also apply.[3]

When card tips have to land

  1. TonightGuest adds a tip On the card, at the table.
  2. CloseShift is tallied The pool is split by your rules.
  3. DeadlineWest Virginia rule Card tips are due by the regular payday, without waiting on the processor. State payday and deduction rules also apply.[3]
  4. Last dayFinal pay Fired, quit or laid off: by the next regular payday. Holding pay for unreturned employer property needs a detailed written agreement.[11]

Paydays: At least twice a month, no more than 19 days apart, unless a special agreement applies. Exceptions and authorized deductions apply.[5]

Paying tips on a payroll card

  • Allowed?Yes
  • Worker consent needed?Yes (federal)No state rule. Federal rule applies: yes. The employer cannot require its payroll card.[12][4]
  • Free way to get the money?State ruleAt least one free withdrawal or transfer each pay period, for any amount, plus free in-network use. Fees must be disclosed in writing.[5]
  • Must you offer another option?Yes
  • Holding cash tipsFederal ruleNo state rule. Federal rule applies: employer may collect to administer a valid pool, then distribute under the regular-payday rule. No broader authorization to retain cash tips is established.[3][4]
  • Tips shown on the pay stubNo (federal)No state rule. Federal rule applies: no. FLSA does not require pay stubs; state laws and employer records are separate.[13][4]

Alice Anderson, Server, Downtown. Direct tips +$980.25, indirect tips +$0.00, tip outs -$147.07, tips payable $833.18. Tip Payment history, all Automatic with status Success: 2026-10-29 $833.18, 2026-10-28 $783.19, 2026-10-27 $733.20.

Employee tip payout. Each person's direct tips, tip outs, and payable amount, then paid automatically.
Ferry Pay and Pay Card

Ferry Pay: each tip share, paid out digitally

Each person's direct tips, tip outs and payable amount in one view, then paid through Ferry Pay. No cash to keep on hand for payouts. Eligibility and fees apply.

Who it's for Operators who want to stop the nightly cash run

Customer story: BJ's Restaurants
200+locations across 30 states run Tip Manager and Ferry Pay
66%+reduction in cash-carrying costs
“Since launching this card program, we've reduced our cash-carrying costs by over 66 percent”
Jake Guild, Senior Vice President & Chief Accounting Officer, BJ's Restaurants
Read the BJ's case study

10Records

Records and notices in West Virginia

Keep each tipped worker's tips and hours on record, shift by shift. West Virginia: state wage and hour records: two years.

West Virginia State

  • Tip records Signed, dated tip reports show the period, cash and card tips, tips paid out and tips kept. Dual-job records separate service hours.[4]
  • How long to keep them State wage and hour records: two years. Federal law may require keeping some records longer.[14]
  • Tip credit notice Required. Federal notice: cash wage, credit amount, that credit can't exceed tips, and pool rules. State signed tip reports are a separate duty.[3]
  • Posters and forms WV employee wage notice/poster under 21-5-9; Signed employee tip reports: IRS4070/4070A or equivalent required information.[15][4]

Everywhere Federal

  • Tip records Maintain employee identity, time and pay records. Tip-credit employers additionally retain tipped employee, reported tips, credit amounts and hours/earnings by tipped and nontipped occupation. No-tip-credit employers operating mandatory pools record each recipient and weekly/monthly tips. IRS daily records/reporting are separate obligations.[3]
  • How long to keep them FLSA: payroll records at least three years; underlying wage-computation records two years. Tax retention is separate.[16]
  • Tip credit notice Oral or written notice must state cash wage; tip credit amount; credit cannot exceed actual tips; employee retains tips except valid traditional pool; credit unavailable until informed. Traditional pool contribution amounts also disclosed.[3]
  • A written pool policy Good practice, not a federal rule: who's in, how it splits, when it pays. Share it with staff. How to write one.
For workers

Think your tips were handled wrong in West Virginia?

Workers in West Virginia can file a tip or wage claim with the West Virginia Division of Labor, Wage and Hour Section (304-558-7890). Filing is free, and this page can't settle a dispute; the state can.[17]

West Virginia Division of Labor, Wage and Hour Section
Phone
304-558-7890[17]
Website
labor.wv.gov/wage-hour-section

Retaliation: Willfully firing or punishing workers over wage complaints or testimony is a misdemeanor, with a $100 to $500 fine. Federal remedies are separate.[18]

Penalties: Unpaid minimum wages, possible fees and costs, two years back. Late final pay can add double damages, subject to a written-demand, seven-day cure rule.[19]

Can they take this out of my tips?

  • Walkouts and dine-and-dashNot allowedFederally covered employers can't take tips for business costs. State deduction and uniform-credit rules don't let employers keep tips.[3]
  • BreakageNot allowedFederally covered employers can't take tips for business costs. State deduction and uniform-credit rules don't let employers keep tips.[3]
  • Register shortagesNot allowedFederally covered employers can't take tips for business costs. State deduction and uniform-credit rules don't let employers keep tips.[3]
  • UniformsNot allowedFederally covered employers can't take tips for business costs. State deduction and uniform-credit rules don't let employers keep tips.[3]
  • Card processing feesDependsOnly the actual proportional card fee, under federal rules. State deduction limits and minimum wage still apply.[3]
  • A manager's shareNot allowedFederal law bars employers and managers from keeping workers' tips.[3]

11Law changes

What changed in West Virginia tip law, and what's coming

No statewide increase with a published amount is on file for West Virginia as of .

No changes to West Virginia tip or wage rules on file for the last 24 months.

Key statutes

  • WV 21-5C-1–5, 7–8
  • 42 CSR 8 § 12
  • WV 21-5-3, 4, 9

Not covered here? Ask the West Virginia Division of Labor, Wage and Hour Section at 304-558-7890 or on labor.wv.gov/wage-hour-section.

12FAQ

West Virginia tip law questions

Plain answers to the 8 questions restaurant owners and staff ask most about West Virginia tip law, each linked to its source.

What is West Virginia's tipped minimum wage?

$2.62 an hour in cash for state-covered workers, with up to $6.13 in tips counted toward the $8.75 minimum. The employer covers any shortfall.[2][8]

Does the state minimum wage cover every restaurant?

No. State coverage generally needs six or more covered workers at one separate, permanent location. Federal law may still apply when state law doesn't.[6][8]

How does West Virginia's tip credit work?

The credit can't be more than 70% of the minimum wage, and it has to rest on actual tips the worker reports and signs for.[7][4]

Does West Virginia still have a 20% side-work rule?

Yes. If non-tip duties take more than 20% of the week, that time gets the full minimum wage. Hours in a separate non-tipped job always do.[4]

Can cooks and dishwashers share in a tip pool?

Not in a tip-credit pool. The state rule limits those pools to service workers, plus dual-job workers while they're doing service duties.[4][8]

What tip records do workers sign?

Signed, dated tip reports showing the period, cash and card tips, tips paid out and tips kept. IRS Form 4070 works, or one with the same details.[4]

When is a final paycheck due?

By the next regular payday, whether the worker is fired, quits or is laid off.[11]

Can wages be paid on a payroll card?

Yes, with at least one free withdrawal or transfer each pay period and written fee disclosure. Workers must also be offered electronic transfer to their own account.[5]

13Compare

How West Virginia compares with nearby states

West Virginia borders Kentucky, Maryland, Ohio, Pennsylvania and Virginia. Maryland, Ohio and Virginia pay a higher minimum wage than West Virginia's $8.75. Running locations on both sides of a line? Each one follows its own state's rules.

Compare all states in one table

The law decides who's in. Ferry runs the split.

See how operators set pool rules in Ferry Tip Manager and pay tips out without a cash run. Bring your own West Virginia setup.

14Sources

Sources for West Virginia tip laws

Every figure on this page links to one of these 19 sources: 14 for West Virginia and 5 for the federal baseline. They are statutes, regulations and government agency pages, each with the date it was checked.

  1. 1WV 21-5C-2 Minimum WagesWest Virginia Legislature · Official source · Checked Pinpoint: 21-5C-2(a)(5)code.wvlegislature.gov/21-5C-2
    What the source says

    “After December 31, 2015, every employer shall pay to each of his or her employees wages at a rate not less than $8.75 per hour.”

    “After December 31, 2015”

  2. 2Minimum Wage Fact Sheet 3 Requirements for Tipped EmployeesWest Virginia Division of Labor · Official source · Page updated · Checked labor.wv.gov/media/35/download?inline
    What the source says

    “the maximum allowable credit that an employer may take against the minimum wage requirement for tipped employees is $6.13, which leaves a minimum cash wage requirement of $2.62 per hour.”

  3. 3Fact Sheet 15 Tipped Employees Under the FLSAUnited States Department of Labor · Official source · Checked Pinpoint: Employers, Including Managers and Supervisors, May Not Keep Tips; Tip Credit, paragraph 2www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa
    What the source says

    “The FLSA allows employers to require employees to share or “pool” tips with other eligible employees.”

    “An employer may not receive tips from such a tip pool and may not allow managers and supervisors to receive tips from the pool.”

    “A manager or supervisor may keep only those tips that they receive directly from a customer for the service they directly and solely provide.”

  4. 442 CSR 8 Minimum Wage and Maximum Hours RuleWest Virginia Division of Labor · Official source · Page updated · Checked Pinpoint: 42 CSR 8 § 3.34; PDF p. 5 definition; 42 CSR 8 § 12.1.2-.5apps.sos.wv.gov/adlaw/csr/readfile.aspx?DocId=57063&Format=PDF
    What the source says

    ““Service employee” means an individual who customarily receives tips or gratuities in connection with his or her work.”

    “When a service employee spends more than 20% of his or her time during a workweek”

    “the employer shall divide the shared or pooled tips among only service employees and dual job employees working as service”

  5. 5WV 21-5-3 Wage PaymentWest Virginia Legislature · Official source · Checked Pinpoint: 21-5-3(a), maximum 19 days; 21-5-3(b)(3)code.wvlegislature.gov/21-5-3
    What the source says

    “at least twice every month”

    “into an employee’s payroll card account in a federally insured depository institution”

    “at least one withdrawal or transfer from the payroll card per pay period without cost or fee”

  6. 6WV 21-5C-1 CoverageWest Virginia Legislature · Official source · Checked Pinpoint: 21-5C-1(e); 21-5C-1(e); state overtime 21-5C-3code.wvlegislature.gov/21-5C-1
    What the source says

    “six or more employees as herein defined in any one separate, distinct, and permanent location or business establishment”

    “if 80 percent of the persons employed by him or her are subject to any federal act relating to maximum hours and overtime compensation.”

  7. 7WV 21-5C-4 CreditsWest Virginia Legislature · Official source · Checked Pinpoint: 21-5C-4; 42 CSR 8 § 12code.wvlegislature.gov/21-5C-4
    What the source says

    “a credit to the employer of seventy percent”

    “Credits.”

  8. 8Minimum Wage FAQWest Virginia Division of Labor · Official source · Checked labor.wv.gov/wage-hour/jobs-act/minimum-wage/minimum-wage-faq
  9. 9Tip recordkeeping and reportingInternal Revenue Service · Official source · Checked Pinpoint: Service charges are not tips, paragraph 2; qualified tips deduction, net-income limit; tip income, Social Security/Medicarewww.irs.gov/businesses/small-businesses-self-employed/tip-recordkeeping-and-reporting
    What the source says

    “Service charges (also referred to as “auto-gratuities”), when distributed to an employee, are generally treated as wages paid by the employer to the employee rather than tips paid by the customer.”

    “For self-employed individuals, the deduction may not exceed the individual’s net income (without regard to this deduction) from the trade or business in which the tips were earned.”

    “These amounts are subject to federal income tax and generally are also subject to Social Security and Medicare taxes.”

  10. 10Revenue Ruling 2012-18Internal Revenue Service · Official source · Page updated 2012 · Checked Pinpoint: Q 1/A 1, four distinguishing factors; p. 1, ruling headingwww.irs.gov/pub/irs-drop/rr-12-18.pdf
    What the source says

    “compulsion; (2) the customer must have the unrestricted right to determine the amount; (3) the payment should not be the subject of negotiation or dictated by employer policy; and (4) generally, the customer has the right to determine who receives the payment.”

    “Rev. Rul. 2012-18”

  11. 11WV 21-5-4 Final WagesWest Virginia Legislature · Official source · Checked Pinpoint: 21-5-4(b)-(f)code.wvlegislature.gov/21-5-4
    What the source says

    “not later than the next regular payday”

  12. 12What is a payroll card?Consumer Financial Protection Bureau · Official source · Page updated · Checked Pinpoint: definition, paragraph 1; paragraph following definitionwww.consumerfinance.gov/ask-cfpb/what-is-a-payroll-card-en-401
    What the source says

    “A payroll card is a prepaid card arranged by an employer for the purpose of paying its employees’ wages or salary.”

    “Your employer can’t require you to receive your wages on a payroll card.”

    “Your employer has to offer you at least one alternative to a payroll card.”

  13. 13Questions and Answers About the FLSA, DOL WHDU.S. Department of Labor · Official source · Checked Pinpoint: Recordkeeping and Notices, Are pay stubs required?www.dol.gov/agencies/whd/flsa/faq
    What the source says

    “However, the FLSA does not require an employer to provide employees pay stubs.”

  14. 14WV 21-5C-5 RecordsWest Virginia Legislature · Official source · Checked Pinpoint: 21-5C-5code.wvlegislature.gov/21-5C-5
    What the source says

    “for a period of two years”

  15. 15WV 21-5-9 NotificationWest Virginia Legislature · Official source · Checked Pinpoint: 21-5-9code.wvlegislature.gov/21-5-9
    What the source says

    “Make available to his employees in writing or through a posted notice”

  16. 16Fact Sheet #21: Recordkeeping Requirements under the Fair Labor Standards Act (FLSA)U.S. Department of Labor · Official source · Page updated · Checked Pinpoint: Posting, paragraph 1www.dol.gov/agencies/whd/fact-sheets/21-flsa-recordkeeping
    What the source says

    “Each employer shall preserve for at least three years payroll records, collective bargaining agreements, sales and purchase records.”

    “Employers must display an official poster outlining the provisions of the Act, available at no cost from local offices of the Wage and Hour Division and toll-free, by calling 1-866-4USWage (1-866-487-9243).”

    “Records on which wage computations are based should be retained for two years,”

  17. 17Wage and Hour Contact InformationWest Virginia Division of Labor · Official source · Checked Pinpoint: Headinglabor.wv.gov/wage-hour/wage-hour-contact-info
    What the source says

    “Wage & Hour Contact Info”

    “Phone: (304) 558-7890”

  18. 18WV 21-5C-7 OffensesWest Virginia Legislature · Official source · Checked Pinpoint: 21-5C-7(a)code.wvlegislature.gov/21-5C-7
    What the source says

    “because such employee has made complaint to his employer, or to the commissioner”

  19. 19WV 21-5-4a Final Pay Safe HarborWest Virginia Legislature · Official source · Checked code.wvlegislature.gov/21-5-4a
    What the source says

    “the employer has seven calendar days from receipt to correct the alleged underpayment or nonpayment”

15Methodology

How we research these pages

Every figure on this page comes from an official source, a statute, a regulation or a government agency page, and links to it where it is used. Ferry checks the page against those sources on a schedule and logs every change.

  1. 1

    Official sources only

    Statutes, regulations, state labor agencies, city ordinances and the U.S. Department of Labor. No vendor blogs, no AI answers, no secondary summaries as the only source.

  2. 2

    Every figure is linked

    Each rate and rule carries a numbered link to the statute or agency page behind it, with the exact pinpoint and, where available, a link that opens at the sentence itself.

  3. 3

    Re-checked on a schedule

    Every page is re-checked each January and July, and whenever a state or city changes a rate. Cash wage plus tip credit is checked against the minimum wage on every build.

  4. 4

    Gaps are left out, not guessed

    If a rule can't be confirmed from an official source, it isn't shown. The page points to the state agency instead.

What changed on this page

  1. First version of this page. Every figure was checked against the official sources listed on this page.

Researched by Ferry's tip operations research team. Last reviewed .

Changes to the law itself are listed in What changed and what's coming.

16Every state

Tip laws in every state

Pick any state for its tip credit, tip pool, service charge and card tip rules. Each chip shows the state's tip credit class.