H. B. 2326

(By Delegates Beach, Fragale and Linch)
[Introduced January 10, 1996; 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.