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Introduced Version Senate Bill 607 History

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sb607 intr
Senate Bill No. 607

(By Senators Caruth, Barnes and Yoder)

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[Introduced March 21, 2005; referred to the Committee

on the Judiciary; and then to the Committee on Finance.]

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A BILL to amend and reenact §21-5-4 of the Code of West Virginia, 1931, as amended, relating to employee wages owed on termination of employment; and providing that liquidated damages for failure to pay a terminated employee wages owed may not exceed the amount of wages the person, firm or corporation failed to pay when due .

Be it enacted by the Legislature of West Virginia:
That §21-5-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5. WAGE PAYMENT AND COLLECTION.

§21-5-4. Cash orders; employees separated from payroll before paydays.

(a) In lieu of lawful money of the United States, any person, firm or corporation may compensate employees for services by cash order which may include checks or money orders on banks convenient to the place of employment where suitable arrangements have been made for the cashing of such checks by employees for the full amount of wages.
(b) Whenever a person, firm or corporation discharges an employee, such the person, firm or corporation shall pay the employee's wages in full within seventy-two hours.
(c) Whenever an employee quits or resigns, the person, firm or corporation shall pay the employee's wages no later than the next regular payday, either through the regular pay channels or by mail if requested by the employee, except that if the employee gives at least one pay period's notice of intention to quit the person, firm or corporation shall pay all wages earned by the employee at the time of quitting.
(d) When work of any employee is suspended as a result of a labor dispute, or when an employee for any reason whatsoever is laid off, the person, firm or corporation shall pay in full to such the employee not later than the next regular payday, either through the regular pay channels or by mail if requested by the employee, wages earned at the time of suspension or layoff.
(e) If a person, firm or corporation fails to pay an employee wages as required under this section, such the person, firm or corporation shall, in addition to the amount due, be liable to the employee for liquidated damages in the amount of wages at his or her regular rate for each day the employer is in default, until he or she is paid in full, without rendering any service therefor: Provided, however, That he or she shall cease to draw such the wages thirty days after such the default: Provided, however, That the person, firm or corporation is not liable to the employee for liquidated damages for a period of more than thirty days after the failure to pay the wages: Provided further, That the amount of liquidated damages may not exceed the amount of wages the person, firm or corporation failed to pay when due. Every employee shall have such the lien and all other rights and remedies for the protection and enforcement of such his or her salary or wages, as he or she would have been entitled to had he or she rendered service therefor in the manner as last employed; except that, for the purpose of such liquidated damages, such the failure shall not be deemed to continue after the date of the filing of a petition in bankruptcy with respect to the employer if he or she is adjudicated bankrupt upon such petition.



NOTE: The purpose of this bill is to provide
that liquidated damages for failure to pay a terminated employee wages owed may not exceed the amount of wages the person, firm or corporation failed to pay when due .

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.




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