Senate Bill No. 175
(By Senators Carmichael and Wells)
[Introduced February 15, 2013; referred to the Committee on
Labor; and then to the Committee on the Judiciary .]
A BILL to amend and reenact §21-5-4 of the Code of West Virginia,
1931, as amended, relating to extending the period that wages
must be paid after termination.
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
employee, such person, firm or corporation shall pay the employee's
wages in full within
seventy-two hours thirty days.
(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
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 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 extend the period during
which an employer must pay the wages of a terminated employee from
seventy-two hours to thirty days.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would