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An Overview of the West Virginia Wage Payment and Collection Act

All wage payments in West Virginia are regulated and enforced by the state Division of Labor under the West Virginia Wage Payment and Collection Act, unless federal statute preempts state law. Here is a brief overview of some of the stipulations included in the law:

  • Frequency: Employees must be paid at least twice every month and with no more than 19 days between settlements, unless otherwise provided by special agreement.
  • Dismissal: All wages and benefits must be paid to dismissed employees on or before the employee’s next regular payday. Fringe benefits are managed separately.
  • Form: Wages may be paid in the form of cash, check, direct deposit or money order.
  • Notification: When employees are hired, they must be notified in writing of the pay rate and the times and places of payment.
  • Deductions: Employees are entitled to an itemized list of deductions taken from wages for every pay period. Certain deductions may be withheld by nature of the deduction; others require employee’s written authorization.
  • Markups: Employers cannot sell supplies or goods to employees at prices above the items’ market value.
  • Fringe benefits: Employers are under no obligation to provide fringe benefits like vacation pay, holiday pay or any other type of paid time off. But if an employer does provide these benefits, it must outline them in a written policy.

For further information on the laws regarding wage payment in West Virginia, meet with a knowledgeable West Virginia employment attorney at Pullin, Fowler, Flanagan, Brown & Poe, PLLC. Call us at 304-344-0100 or contact us online to schedule an initial consultation.

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