Wage Payment Law in WV

Did you know that all employers (except railroads) in this State must pay their employees all wages due every two weeks, and that it is illegal to pay twice a month or once a month? The West Virginia Wage Payment and Collection Act requires the prompt, timely payment of wages to current employees as well as those who quit or are fired.

Tip to Employers

When an employee gives notice of intention to quit your employ, promptly determine all wages and other fringe benefits which may be due that employee through the last date of employment and make sure that those sums are included in the employee's final paycheck. Do not withhold monies that may be due the employer from the departing employee from any final paycheck. West Virginia law strictly controls the kinds of wage assignments, which can serve as a basis for deduction. Most informal arrangements between an employer and an employee for loans, company charges, and the like probably don't meet the strict requirements of West Virginia law. So separate arrangements should be made with the employee for the payment of such monies, or the employee should expressly consent in writing that such monies may be withheld from the final paycheck.

In a discharge situation, all wages and benefits due must be paid within 72 hours of his or her discharge. Therefore, we recommend that the employer calculate all wages and benefits due the employee before the employee is even notified of their discharge. That way, the final paycheck can be delivered to the employee at time of discharge and any additional monies the employee believes due can be quickly identified and those disputes can be resolved.

Tips to Employees

You are entitled to be paid on time, at least every two weeks and you must be paid either in cash or by a check that can be cashed at a local bank. The employer may not deduct monies from your pay other than for federal, state, and local taxes and for other benefit programs in which you have enrolled, such as payroll savings, union dues, medical insurance, and the like. If you are planning to leave your employment, give your employer as much advance notification as possible and ask when you can expect to receive your last paycheck.

Remember, if you quit, the law requires the employer to pay you all monies due you no later than your next regularly scheduled payday. If you are fired, all monies owed to you by your employer must be paid to you within 72 hours of his or her discharge or you are entitled to another day of pay for each day of delay, up to 30 days.