WVC 21 - 5 - 6
§21-5-6. Refusal to pay wages or redeem orders.
If any person, firm or corporation shall refuse for the
period of five days to settle with and pay any of its employees
at the intervals of time as provided in section three of this
article, or to provide fringe benefits after the same are due, or
shall neglect or refuse to redeem any cash orders provided for in
this article, within the time specified, if presented, and suit
be brought for the amount overdue and unpaid, judgment for the
amount of such claim proven to be due and unpaid, with legal
interest thereon until paid, shall be rendered in favor of the
plaintiff in such action; and, if the employee continues to hold
the cash order herein provided for, given for payment of labor,
in case of the insolvency of the person, firm or corporation
giving same, such employee shall not lose his lien and preference
under existing laws.