H. B. 2839
(By Delegates Storch, McCuskey, E. Nelson, Andes, Craig,
Pasdon, Raines, Skaff and White)
[Introduced March 6, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §21-5-4 of the Code of West Virginia,
1931, as amended, relating to payment of employees separated
from payroll before paydays; making stylistic changes; and
providing that employees who provide one pay period's notice
of intention to end his or her employment be paid within the
next payroll cycle.
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
(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
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
time of quitting within the next payroll cycle.
(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
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 which was unpaid when
due, be liable to the employee for three times that unpaid amount
as liquidated damages. Every employee shall have such lien and all
other rights and remedies for the protection and enforcement of such 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
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 allow employers to pay
all wages earned by an employee
within the next payroll cycle,
rather than at the time of quitting,
if the employee quits or
resigns, but has given at least one pay period's notice of
intention to quit.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would