H. B. 2326
(By Delegates Beach, Fragale and Linch)
[Introduced February 2, 1995; referred to the
Committee on Industry and Labor then the Judiciary.]
A BILL to amend article four, chapter eighteen-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
thirteen-a, relating to providing a criminal penalty for
willful violation of the specific provisions of this article
and specific sections of article two of this chapter.
Be it enacted by the Legislature of West Virginia:
That article four, chapter eighteen-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirteen-a, to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-13a. Willful violation; penalties.
Any person who willfully and intentionally violates the
provisions of section seven-a, seven-b, eight-b, eight-c,
eight-d, eight-f, eight-g, ten, fourteen or sixteen of this
article, or section two, six, seven, eight or eight-a, article
two, chapter eighteen-a of this code, is guilty of a misdemeanor,
and, upon conviction thereof, shall be fined not less than five
hundred nor more than five thousand dollars. This section shall
be separate from and in addition to any other relief that may be
available for violations of the provisions set forth herein.
NOTE: To provide a criminal penalty for willful violation
of employee rights and thereby deter such actions.
This section is new; therefore, strike-throughs and
underscoring have been omitted.