H. B. 2248


(By Delegates Caputo and Argento)
[Introduced January 13, 2010; referred to the
Committee on Health and Human Resources then the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-5-19, relating to requiring employers to pay nurses at their regular rate of pay for all the time they are on-call on the employer's premises.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §21-5-19, to read as follows:
ARTICLE 5. WAGE PAYMENT AND COLLECTION.

§21-5-19. Payment for on-call time on employer's premises.
When an employer requires a nurse employee to be on-call for nursing duty on the employer's premises, the employer shall compensate the nurse at the nurse's regular rate of pay for all the time the nurse is on-call.

NOTE: The purpose of this bill is to require
employers to pay nurses at their regular rate of pay for all the time they are on-call on the employer's premises.


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