Enrolled Committee Substitute
House Bill 4032 History
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ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4032
(By Delegates White and Kominar)
[Passed March 8, 2008; in effect ninety days from passage.]
AN ACT to amend and reenact §21-5-3 of the Code of West Virginia,
1931, as amended, relating to payment of wages through a
direct deposit system using an electronic payment card or
other means of electronic transfer; defining terms; and
requiring written agreement to use the payroll card.
Be it enacted by the Legislature of West Virginia:
That §21-5-3 of the Code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 5. WAGE PAYMENT AND COLLECTION.
§21-5-3. Payment of wages by employers other than railroads;
assignments of wages.
(a) Every person, firm or corporation doing business in this
state, except railroad companies as provided in section one of this
article, shall settle with its employees at least once in every two weeks, unless otherwise provided by special agreement, and pay them
the wages due, less authorized deductions and authorized wage
assignments, for their work or services.
(b) Payment required in subsection (a) of this section shall
be made:
(1) In lawful money of the United States;
(2) By cash order as described and required in section four of
this article;
(3) By deposit or electronic transfer of immediately available
funds into an employee's payroll card account in a federally
insured depository institution. The term "payroll card account"
means an account in a federally insured depository institution that
is directly or indirectly established through an employer and to
which electronic fund transfers of the employee's wages, salary,
commissions or other compensation are made on a recurring basis,
whether the account is operated or managed by the employer, a
third-party payroll processor, a depository institution or another
person. "Payroll card" means a card, code or combination thereof
or other means of access to an employee's payroll card account, by
which the employee may initiate electronic fund transfers or use a
payroll card to make purchases or payments. Payment of employee
compensation by means of a payroll card must be agreed upon in
writing by both the person, form or corporation paying the
compensation and the person being compensated.
(4) By any method of depositing immediately available funds in
an employee's demand or time account in a bank, credit union or
savings and loan institution that may be agreed upon in writing
between the employee and such person, firm or corporation, which
agreement shall specifically identify the employee, the financial
institution, the type of account and the account number: Provided,
That nothing herein contained shall be construed in a manner to
require any person, firm or corporation to pay employees by
depositing funds in a financial institution.
(c) If, at any time of payment, any employee shall be absent
from his or her regular place of labor and shall not receive his or
her wages through a duly authorized representative, he or she shall
be entitled to payment at any time thereafter upon demand upon the
proper paymaster at the place where his or her wages are usually
paid and where the next pay is due.
(d) Nothing herein contained shall affect the right of an
employee to assign part of his or her claim against his or her
employer except as in subsection (e) of this section.
(e) No assignment of or order for future wages shall be valid
for a period exceeding one year from the date of the assignment or
order. An assignment or order shall be acknowledged by the party
making the same before a notary public or other officer authorized
to take acknowledgments, and any order or assignment shall specify
thereon the total amount due and collectible by virtue of the same and three fourths of the periodical earnings or wages of the
assignor shall at all times be exempt from such assignment or order
and no assignment or order shall be valid which does not so state
upon its face: Provided, That no such order or assignment shall be
valid unless the written acceptance of the employer of the assignor
to the making thereof, is endorsed thereon: Provided, however,
That nothing herein contained shall be construed as affecting the
right of employer and employees to agree between themselves as to
deductions to be made from the payroll of employees.
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