West Virginia: New Wage Payment and Collection Posting

West Virginia released updates to its Wage Payment and Collection Act which are required for all workplaces effective June 11, 2015.

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West Virginia recently amended the West Virginia Wage Payment and Collection Act (WPCA) which establishes when and how often wages must be paid, making it comparable to similar statutes in other states. The new amendments:

  • Give employers the opportunity to supply newly released employees with their final paycheck on or before the next regularly scheduled payday versus the previous deadline of 72 hours.
  • Reduced the amount of damages an employee is able to receive when they do not receive their final paycheck within the required timeframe, from three times to two times the unpaid amount.
  • Changed the frequency employers in West Virginia need to pay their employees. Employers are now required to pay their employees at least twice every month, with no more than 19 days between paydays.

There were no changes to the time requirements for employees who quit, are suspended as part of a labor dispute, or are laid off.

According to GovDocs Compliance Research Counsel, Anne Jakala, Esq., employers must display the updated posting in a conspicuous location. The new posting is included as part of the West Virginia Poster Compliance Package, which contains workplace postings required for West Virginia employers:

  • Unemployment Benefits
  • Notice to Employees (Workers’ Compensation)
  • Minimum Wage
  • NOTICE: The West Virginia Human Rights Act (Discrimination)
  • Wage Payment and Collection
  • Parental Leave
  • H. B. 4140 Meal Breaks Poster
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