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A 14-year-old in Morgantown gets offered a few evening shifts at a pizza place near her school. In West Virginia she cannot start yet. First she needs an age certificate, a state form that proves she is old enough and that her parent and school agree. Two sets of rules apply to her job. The federal Fair Labor Standards Act (the national law on wages and child labor) sets a floor. West Virginia's child labor law adds its own rules. The state Division of Labor warns that where state law is looser, an employer covered by federal law still has to follow the stricter federal rule.
The age certificate, and who fills it out
Fourteen is the youngest age at which most people can be hired in West Virginia. If you are 14 or 15, you must have an age certificate before you accept any paid job. One form works as both the application and the certificate. Your employer fills in Section A, your parent fills in Section B, and your school registrar fills in Section C to confirm you are attending school. If you are homeschooled, the parent who runs your lessons signs Section C instead. The form then goes to the Division of Labor, which completes Section D and issues the certificate if everything checks out.
Since July 11, 2025, every age certificate in the state is processed and issued by the Division of Labor itself.
At 16 or 17, state law does not require a certificate, except for junior volunteer firefighters. An employer can still ask for one as proof of age, and then it only needs the job offer and proof of how old you are.
How many hours you can work
At 14 and 15, you cannot work during school hours. On a school day, including a Friday, the limit is 3 hours, and you must stop by 7 p.m. In a week when school is open even one day, the limit is 18 hours. On a day with no school you can work up to 8 hours, and up to 40 hours in a week with no school. From Memorial Day through Labor Day the evening cutoff moves to 9 p.m. You can never start before 7 a.m.
At 16 and 17, West Virginia puts no limit on your hours. You still cannot do the 17 jobs the U.S. Department of Labor lists as hazardous, and state law adds one more: no one under 18 may work in a bar or serve alcohol.
Pay, and where the rules came from
West Virginia's minimum wage is $8.75 an hour, which is higher than the federal minimum. It applies when your workplace has at least six non-exempt employees at that one location. At a smaller workplace, the federal minimum may apply instead. If you earn tips, your employer can pay a cash wage of $2.62 an hour, but your wage plus tips must reach $8.75.
A 'training wage' is a lower rate for workers 20 and under during their first 90 days. West Virginia leaves that question to the U.S. Department of Labor.
Congress did not always have the power to set these rules. In Hammer v. Dagenhart (1918), the U.S. Supreme Court struck down an early federal child labor law. In United States v. Darby (1941), the Court overruled that decision and said Congress can set wage, hour, and child labor rules for businesses that make goods for sale across state lines.
Where to go with a question or a problem
The West Virginia Division of Labor runs the age certificate system and enforces state child labor and minimum wage rules through its Wage and Hour section. Its website, labor.wv.gov, has the age certificate forms, the Child Labor FAQ, and a 'Request for Assistance' page for workers who think a rule was broken.
For federal rules, call the U.S. Department of Labor's Wage and Hour Division at 866-487-9243. If you are not sure which agency covers your job, start with the state. Bring your schedule and your pay stubs.
기억하세요
- At 14 or 15 you need an age certificate from the West Virginia Division of Labor before your first paid shift.
- At 14 and 15: 3 hours on a school day, 18 hours in a school week, never before 7 a.m. or after 7 p.m. (9 p.m. in summer).
- At 16 and 17 the state sets no hour limits, but hazardous jobs and serving alcohol are still off limits.
- The state minimum wage is $8.75 an hour at workplaces with six or more non-exempt employees.
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