Category Archives: WV Wage Payment and Collection Act

Legislative Update: West Virginia legislature may give employers more time to cut final paycheck

Pending West Virginia legislation would, if passed, extend the time employers have to issue a terminated employee’s final paycheck, from the current 72 hours after discharge to the next regular pay day.

On January 28, 2011, Senators Palumbo and Klempa introduced Senate Bill 339, which is being referred to the Labor and Finance Committees. You can keep track of the progress of the bill by going to the Bill Status page and entering 339 in the “Enter Bill Number” field. For information on the bill’s sponsors, or on any other members of the Senate, you can go to the Senate Members page and pick the member from a drop-down list.

Senate Bill 339 would amend the WV Wage Payment and Collection Act, which deals in part with the obligation of an employer to issue a final paycheck to an employee within a certain period of time.  The Wage Payment and Collection Act currently sets two different deadlines, depending on whether the employee resigned or was discharged.

  • Section 21-5-4(b): If an employee is discharged, the employer must pay the employee all earned wages within 72 hours after the discharge.
  • Section 21-5-4(c): if the employee resigns, the employer must pat the employee all earned wages by the next regular payday, either through “regular channels” or, if the employee requests, by mail. There is this additional variation where the employee resigns: if the employee provides “at least one pay period’s notice of intention to quit”, then the employer must pay the employee all earned wages “at the time of quitting” (which is the final day worked after giving notice).

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