Last update: June 10, 2023
Minimum Hiring Age in West Virginia
What is the minimum age to be employed in West Virginia? The legal age to work in West Virginia is 14, but governed by state and federal child labor laws and varies based on:
- The type of work (e.g., agricultural or non-agricultural)
- Whether the job is considered hazardous or has prohibited duties.
- Whether school is in session.
- The legal status of the minor (e.g., emancipated minors).
- Whether the job is exempt from the Fair Labor Standards Act (FLSA).
According to Federal Law (FLSA), a minor must be at least 14 years old to work for an employer (e.g. retail stores, food service establishments and gasoline service stations), with an exception for minors working for a parent or legal guardian who owns the business. This is the reason why you will never see job postings for children under the age of 14.
Age Restrictions
14 is the minimum age that a minor may be legally employed unless that minor is working for a business solely owned by a parent or guardian, or the type of work being performed is not covered by state child labor laws.
Minimum age to drive motor vehicles (cars and small trucks) on public roads as part of jobs is basically 17 years old, with certain requirements.
Minimum age to serve and bartend alcohol in West Virginia:
| Beer | Wine | Spirits | |
|---|---|---|---|
| Serve | 16 | 16 | 16 |
| Bartend | 16 | 16 | 16 |
Work Hours
16 and 17 year old children are permitted to work the same hours as an adult. There are no restrictions. 14 & 15 Year Old Children May Not Work:
- Before 7:00am or after 9:00pm when school is NOT IN SESSION during summer break. (Memorial Day thru Labor Day)
- Before 7:00am or after 7:00pm on days when school is in session.
- More than 8 hours per day on days when school is not in session, or more than 3 hours per day on any school day (including Friday).
- More than 40 hours per week during weeks when school is not open OR more than 18 hours per week during any week that school is open for at least one day.
- During school hours.
Maximum daily and weekly hours and days per week for minors ages 14 and 15:
8-40-6 non-school day/week period; School day/week: 3-18
Maximum hours/days when school is not in session:
- 8 hours daily / 50 hours weekly/ 6 days weekly.
- Workers 16 and up may work up to 50 hours in one week and up to 10 hours a day only between the last day of school and Labor Day.
Maximum hours/days when school is in session:
- 3 hours daily/ 18 hours weekly
Nightwork prohibited for minors ages 14 and 15:
7 p.m. (9 p.m June 1 through Labor Day) to 7 a.m.
Supervision permit may be issued allowing 14 and 15 year old minors to work until 11:00p.m. when school is not in session.
Maximum daily and weekly hours and days per week for ages 16 and 17:
Not regulated
Nightwork prohibited for ages 16 and 17:
Not regulated
Work Permit
14 and 15 year old children must obtain a work permit before accepting any type of gainful employment in West Virginia. Age certificates are only required by law when related to junior volunteer firefighting activities but may be required by employers as proof of age for 16 and 17 year old children.
Minimum Wages
The minimum wages in West Virginia is $15.74. FLSA allow employers to pay a youth minimum wage of not less than $4.25 an hour to employees who are under 20 years of age during the first 90 consecutive calendar days after initial employment.