Proposed Minimum Wage Rules Dropped
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While the emergency rules have been withdrawn, there are still some changes to the law that went into effect on January 1 of which employers need to be aware:
* Minimum Wage: Beginning on January 1, 2015, all employers in West Virginia with six or more employees must pay employees a minimum of $8 per hour. Employers shall be required to pay a minimum training wage of $6.40 per hour.
* Tip Credit: Beginning on January 1, 2015, employees who earn gratuities must be paid a minimum rate of $2.40 an hour. Employers who pay below the minimum wage of $8 per hour must be able to provide documentation that the employee receives at least 70% of the minimum wage in gratuities or is receiving room and lodging. This is a departure from the previous law of 20%.
* Definition of Employer: Beginning on January 1, 2015, employers with 80% or more employees subject to any federal act relating to the minimum wage will no longer be exempted under West Virginia law and will be required to pay a minimum wage of $8 per hour. Exemptions for these employers relating to maximum hours and overtime compensation will continue to be in place.
The information contained herein should not be construed as legal advice and employers may want to consult with legal counsel to ensure they are in compliance with the changes to these laws.
