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  The statutory amount that specifies the minimum an employer can pay her employees is called the minimum wage. As of 2010, federal law sets the minimum wage at $7.25 per hour. Many states, including West Virginia, have their own minimum wage laws. States cannot set a lower minimum wage than the federal government, though states like California and New York have set their minimum wage higher than the federal government amount. West Virginia, however, set its minimum wage at the same rate as the federal government's.
  
  

Rates

• Since July 1, 2008, in accordance with federal law, West Virginia minimum wage law has set $7.25 as the minimum wage. West Virginia minimum wage laws, however, do not apply to companies with less than six employees. When the employer meets certain conditions, it may implement a 90 day training period for new employees who are under the age of 20. During that training period, the employer may pay his training employee $5.15 per hour.
  
  

Overtime

• West Virginia minimum wage law requires that employers pay their employees 1.5 times their hourly rate for hours worked over 40 per week. For example, if an employee makes $10 per hour and works 60 hours in a particular week, then the employee should earn $300 in overtime pay, which equals 20 hours of overtime times a $15 hourly wage.
  
  

Credits

• When an employee such as a waiter customarily receives tips, the employer receives a 20 percent credit from the minimum wage. That means, businesses like restaurants where many employees are paid tips can pay their staff only 20 percent of the minimum hourly wage. However, these businesses must ensure their employees end up making at least the minimum wage and keep records to this effect.
  
  

Records

• All employers must keep records for all employees' wages for two years. These records must include each employee's name and address, hourly wage, hourly schedule, payroll deductions and amount of each paycheck.
  
  

Warning

• West Virginia minimum wage laws are subject to change. Please consult a qualified attorney licensed to practice in West Virginia to determine what obligations you or your business have under West Virginia minimum wage law.