Page 31

Child Care Subsidy Policy October 1, 2024 24 3.4.2.9. WV school enrollment form if applicant is under age 18 with the applicant’s WV residence address. 3.4.2.10. Proof that the adult learner is enrolled in a West Virginia educational program, not metro or out-of-state, tuition payment verification. 3.4.2.11. WV Homestead tax exemption with a WV residence address. 3.4.2.12. Residential rental and/or lease agreement with a WV address. Lease must be signed and dated by Lessor and Lessee. 3.4.2.13. Residency by proxy (see section 3.4.2) 3.5 Wage Requirements: Applicants receiving child care assistance in order to work must earn wages that comply with applicable federal and WV state laws. Child care funds cannot be used to support employment with employers who do not comply with the Fair Labor Standards Act and West Virginia Division of Labor Wage and Hour laws. 3.5.1 Wage Requirement for Eligibility Any recipient of child care assistance who is an employee in the private sector must be paid at least West Virginia minimum wage for all hours of work performed. If the recipient is not making at least the applicable West Virginia minimum wage for all work performed, the recipient will not be eligible for child care services, with the following notes: 3.5.1.1 Self Employed Individuals: Self-employed child care recipients must make at least the current West Virginia minimum wage for each hour of work performed, to be eligible for child care services. 3.5.1.2. Employees that Receive Gratuities In West Virginia the minimum wage an employer can pay employees who receive gratuities is $6.13 per hour, if the employee makes enough tips to achieve the minimum wage of $8.75. This practice is called an “Employer Tip Credit” – tips are credited towards the minimum wage requirement. If the employee does not make enough in tips to achieve the minimum wage of $8.75 – the employer must pay the employee minimum wage. (The “employer tip credit” is disallowed.) Employees who receive gratuities must make at least $8.75 per hour after their wage and tips are combined to be eligible for child care services. Employees that receive gratuities, but whose combined hourly wages/tips do not equal $8.75 or greater, are not eligible for services. 3.5.2. What is Minimum Wage? The West Virginia minimum wage is: $8.75 per hour. Employees who customarily receive gratuities must be paid at least $6.13 per hour. 3.5.3. Notes on Federal and West Virginia State Tax Withholding: