HB2049 S JUD AMT #1 3-6

Aubel  7888

The Committee on Judiciary moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. Com. Sub. for House Bill 2049—A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-5-4a; and to amend and reenact §21-5-7 of said code, all relating to actions brought to recover wages and fringe benefits; providing a safe harbor for employers to correct underpayment or nonpayment of wages and fringe benefits due to separated employees prior to the filing of a lawsuit; prohibiting an employee from seeking liquidated damages or attorney’s fees when bringing an action for the underpayment or nonpayment of wages and benefits due upon the employee’s separation of employment without first making a written demand on the employer; permitting only those employees who have made a written demand on the employer may be included in a class action lawsuit brought for the underpayment or nonpayment of wages and fringe benefits due upon the employee’s separation of employment; defining the term “written demand”; and requiring employers to notify employees of their obligations through a posted notice and written notice in the employee’s last paycheck or paystub; requiring notice to prime contractor by certified mail within 100 days of the missing wages becoming payable to the employee; instituting a one-year statute of limitations; requiring the employer of the employee to whom wages and fringe benefits are owed to whenever feasible provide immediately upon request by the employee or the prime contractor complete payroll records relating to work performed under the contract with the prime contractor; requiring when an employee to whom wages and fringe benefits are due is represented by a union that the union must whenever feasible immediately upon notice of a claim cooperate with the employee and the prime contractor to identify and quantify the wages and fringe benefits owed for work performed under the contract with the prime contractor; providing that if the union or its agents become aware that an employer is not timely in the payment of wages and fringe benefits the union must immediately notify the affected employee and the prime contractor for whom the affected employee provided work; and providing that a prime contractor must notify the owner and the architect prior to the completion of the contract if any subcontractor has not been paid in full.

Adopted

Rejected