West Virginia tip pooling laws & tipped minimum wage
In West Virginia, employers can pay tipped workers $2.62/hr as long as tips bring them to the $8.75 minimum — here's how that works and who can legally share your tips.
| Regular minimum wage | $8.75/hr |
| Minimum cash wage for tipped workers | $2.62/hr |
| Maximum tip credit | $6.13/hr |
| Tips belong to | Employees — always |
A tip credit lets an employer count your tips toward the minimum wage it owes you. Rates reviewed July 2026. Rates change — confirm with the West Virginia labor department. Not legal advice.
What's specific to West Virginia
West Virginia requires the cash wage to be at least 30% of the state minimum.
West Virginia sets the tipped cash wage at 30% of the state minimum
West Virginia’s minimum wage is $8.75 an hour, and unlike the federal system it ties the tipped cash wage to that figure. Your employer may take a tip credit of up to 70% of the minimum, which means your cash wage must be at least 30% of $8.75 — $2.62 an hour.
So the numbers to remember are $2.62 in cash and a maximum $6.13 tip credit, with your tips expected to carry you the rest of the way to $8.75. The floor is pegged to the state minimum, so it moves whenever the state minimum does.
State minimum wage law covers employers with six or more employees
West Virginia’s state minimum wage applies where there are six or more non-exempt employees at any one separate, distinct, and permanent work location. Smaller worksites can fall outside the state law.
In practice, most tipped workers are covered one way or another: employers subject to the federal Fair Labor Standards Act must meet federal rules, while those not covered federally answer to West Virginia’s $8.75 minimum and its $2.62 tipped cash wage. If your cash wage plus tips do not reach the applicable minimum, your employer must make up the difference.
Tip pooling in West Virginia
West Virginia follows the federal baseline: employers may require tip pooling. If your employer takes the tip credit (pays $2.62/hr cash), the pool may only include customarily tipped workers — servers, bussers, bartenders, runners, hosts. Back-of-house can only be included if everyone is paid full minimum wage with no tip credit. Managers and supervisors are always excluded.
One federal rule applies everywhere: managers and supervisors can never take from a tip pool. Separately, credit card processing fees may only be deducted from tips where state law allows it.
What this means for your tip-out
Because part of your legal wage in West Virginia comes from tips, the employer's tip credit assumes those tips reached you. Use the tip-out calculator to split a shift by your house's percentages or by hours, and see standard tip-out percentages to check whether your house's rates are typical.
West Virginia tip law FAQs
What is the tipped minimum wage in West Virginia?
Employers in West Virginia may pay tipped employees a cash wage of $2.62/hr and claim a tip credit of up to $6.13/hr toward the $8.75 minimum wage. If tips don't close the gap in a workweek, the employer must make up the difference.
Is mandatory tip pooling legal in West Virginia?
West Virginia follows the federal baseline: employers may require tip pooling. If your employer takes the tip credit (pays $2.62/hr cash), the pool may only include customarily tipped workers — servers, bussers, bartenders, runners, hosts. Back-of-house can only be included if everyone is paid full minimum wage with no tip credit. Managers and supervisors are always excluded.
Can my manager take a share of the tip pool in West Virginia?
No. Federal law prohibits managers, supervisors, and owners from keeping any portion of employee tips in every state, including West Virginia. A manager may keep only tips they directly and solely earned (e.g., a table they personally served start to finish).
How is West Virginia’s $2.62 tipped wage calculated?
It is 30% of the state minimum wage. West Virginia lets employers take a tip credit of up to 70% of the $8.75 minimum, leaving a required cash wage of at least 30%, which works out to $2.62 an hour. Because it is a percentage, the tipped wage rises whenever the state minimum does.
Does West Virginia’s minimum wage law apply to every employer?
Not directly. The state minimum wage applies where there are six or more non-exempt employees at one permanent work location. Many employers are instead covered by the federal Fair Labor Standards Act; between the two, most tipped workers are covered. If you are unsure, contact the West Virginia Division of Labor.