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HB 5485

Relating to increasing the state minimum wage.

2026 Regular Session Introduced by Evan Hansen and 2 co-sponsors

Raises West Virginia's minimum wage to $11.00 per hour starting January 1, 2027, with federal minimum wage alignment and continued subminimum training wage under limits.

To House Energy and Public Works
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Bill Summary · HB 5485

Summary of HB 5485 (2026) – West Virginia Minimum Wage Increase

Purpose and Intent

  • The bill aims to raise the state minimum wage in West Virginia from the current level of $8.25 per hour to $11.00 per hour.
  • Effective date: January 1, 2027.
  • The note accompanying the bill clarifies the stated purpose: to increase the state minimum wage from $8.25 to $11.00 per hour.

Key Provisions and Changes

A. Minimum Wage Schedule (state level)

  • The bill would amend WV Code §21-5C-2 to establish a new minimum wage of:
    • $11.00 per hour for all covered employees, effective January 1, 2027.
  • The existing structure includes multiple historical wage steps and the current baseline; the bill specifies the new minimum wage level going forward, with the understanding that any federal minimum wage requirements would apply if they become higher than the state rate (see section on federal alignment).

B. Federal Minimum Wage Alignment

  • The bill preserves a mechanism whereby if the federal minimum wage (as set by 29 U.S.C. §206(a)(1)) is equal to or greater than the state’s wage rate, employers must pay at least the federal minimum wage.
  • When the federal rate changes, the state minimum wage would adjust accordingly to match or be bound by the federal rate to the extent required.
  • The adoption of the federal rate relates only to the federal minimum wage amount and does not modify other wage-related conditions or exemptions in West Virginia law.

C. Training Subminimum Wage

  • The bill continues, or reaffirms, a subminimum training wage for certain employees:
    • For employees first hired after June 30, 2006: subminimum training wage not less than $5.15 per hour.
    • For employees first hired after December 31, 2014: subminimum training wage not less than $6.40 per hour.
  • Limitations:
    • This subminimum wage cannot be paid to individuals aged 20 or older.
    • A cumulative period cap of 90 days per employee applies for the subminimum wage, with an extension for businesses in operation for 90 days or fewer at hire (additional 90 days).
  • Federal alignment: If the federal subminimum training wage (29 U.S.C. §206(g)(1)) is equal to or greater than the state subminimum rate, employers must pay at least the federal subminimum training wage. Federal adjustments will apply.

D. State Employment Scope

  • The minimum wage rates established by this section apply to all individuals employed by the State of West Virginia, its agencies and departments, even if those employees or employers are subject to federal minimum wage laws.
  • A caveat: The state minimum wage cannot fall below the federal minimum wage, and the subminimum training wage cannot fall below the federal subminimum training wage.

Who Is Affected

  • Employers in West Virginia covered by state wage laws (private sector and public sector) must pay at least the new $11.00/hour minimum beginning January 1, 2027.
  • New or existing employees who would be paid the current state minimum wage are affected by the higher $11.00/hour standard.
  • Workers eligible for the subminimum training wage remain applicable under the specified limits (young learners or trainees under defined age and time constraints).
  • State agencies and departments are covered, with the consistency requirement relative to federal wage standards.

Procedural and Timeline Aspects

  • Introduction and Referral: Filed February 13, 2026; referred to the House Energy and Public Works Committee.
  • Status: Introduced and awaiting committee consideration during the 2026 Regular Session.
  • Effective date: January 1, 2027, with federal minimum wage alignment provisions to adjust if federal changes occur.

Observations

  • The bill sets a clear, higher state minimum wage target with a built-in mechanism to align with federal wage changes.
  • It retains a subminimum training wage under specified conditions, subject to federal wage law alignment.
  • The provisions explicitly cover both private employment and state employment, ensuring consistency with federal standards where applicable.

If you’d like, I can add a simple comparison chart showing the current WV minimum wage, the new proposed $11.00 milestone, and potential federal alignment scenarios.

Compiled from official sources — confirm details with the bill’s official record.

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