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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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California Cracks Down on Wage and Hour Violations

Seal-of-CaliforniaCalifornia’s Division of Labor Standards Enforcement (DLSE) set some impressive records that should keep California employers on their toes when it comes to payment of owed wages.

According to the DLSE’s 2013 Report, field investigations assessed 462% more in minimum wages and 642% more in overtime wages than in 2010, and the DLSE assessed the highest combined amount of total wages and civil penalties since 2002.

The report highlights the Department’s notable achievements, revealing a narrow focus on enforcement of wage and hour laws.

Bureau of Field Enforcement

  • Highest amount on record of minimum wages assessed.
  • Highest amount on record of overtime wages assessed.
  • Highest amount of total wages assessed in nearly a decade.
  • Highest total amount of civil penalties assessed in a decade.
  • Highest amount of civil penalties for minimum wage violations in a decade.
  • Highest amount of civil penalties for overtime violations in a decade.
  • Highest civil penalty citation rate in a decade.

Public Works

  • Highest combined amount of wages and civil penalties assessed since 2002 for Public Works project employers.
  • Two of the three highest wage assessments for Public Works project employers in a decade.
  • Highest amount of civil penalties assessed in nearly a decade for Public Works project employers.

CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS JULIE A. SURather than random targeting of employers for easy-to-uncover violations that do little to address the underground economy, I emphasized meaningful investigations to combat wage theft.

Julie A. Su, California Labor Commissioner

California Department of Labor Standards Enforcement

The DLSE provides a wide array of essential services for California workers and employers, including adjudication of wage claims, inspections of workplaces, enforcement of prevailing wage rates and apprenticeship standards in public works projects, licensing and registration of businesses, investigations of retaliation complaints, and education of the public on labor laws. Our enforcement efforts generate substantial revenue for the state when unlawful employers pay penalties for breaking the law.

The DLSE investigates and enforces prevailing wage rates and apprenticeship standards for public works construction projects. Its Bureau of Field Enforcement (BOFE) conducts investigations of employers and assesses civil penalties for non-compliance with wage and hour laws, workers’ compensation, and other requirements. They target major underground economy industries in California such as:

  • Agriculture
  • Garment
  • Construction
  • Car wash
  • Restaurant