May An Employer Hold An Employee's Last Paycheck Until The Employee Returns Company Equipment In His Possession Such As A Laptop Computer, Office Equipment, Tools, Etc?

Other West Virginia Labor and Employment FAQs

• Q: Are Employers Required To Provide A Certain Amount Of Vacation Leave, Sick Leave Or Paid Holidays To Their Employees?
  A: No. Providing fringe benefits is at the discretion of the employer.
• Q: For Purposes Of Paying Final "Wages" Within 72 Hours, Are Reimbursed Expenses (Such As Mileage) Considered Into The "Wages?"
  A: Only if company policy has made mileage a "part of wages" as defined by ß21­5­1( c ).
• Q: Upon The Termination Of An Employment Relationship, When Is An Employee Entitled To His/Her Last Pay Check?
  A: If a pay period's notice is given, the employee should be paid on their last day of work. If terminated, the employee must be paid within seventy­two (72) hours. … More
• Q: Is A Prime Contractor Liable For Its Subcontractors Unpaid Wages And Fringe Benefits?
  A: Yes.
• Q: Must An Employer Provide An Employee With A Meal Break?
  A: Chapter 21­3­10(a) requires employers to allow a twenty (20) minute meal break to those employees working at least a six (6) hour shift.
• Q: What Do I Do If I Receive A Wage Assignment Or Garnishment Form From A Court Or Another Business?
  A: If a wage garnishment is issued by court order, it must be honored along with legal wage assignments. A legal "wage assignment" is a notarized document, … More
• Q: Can I Withhold Wages From An Employee's Paycheck For The Amounts He Or She May Owe The Company?
  A: Only if you have a notarized wage assignment. A draft of a legal wage assignment may be obtained from the Division of Labor at (304) 558­7890.
• Q: Must I Always Pay A Male And Female Employee The Same Wages For Similar Work Or Are There Exceptions For Experience And Seniority?
  A: The objective of the Equal Pay Act is to prohibit employers from discriminating between males and females in the payment of wages for similar work being performed. … More
• Q: When Must An Employer Pay Prevailing Wages In West Virginia? Where Can An Employer Learn What The Applicable Rates Are?
  A: An employer must pay the established prevailing wage for construction work performed on public improvement projects where state monies are involved. The wage rates may … More
• Q: Is An Employer Required To Pay Employees For Unused Sick Leave When They Quit Or Are Discharged?
  A: Company policy determines whether or not sick leave is to be paid after an employee leaves your company. If the company has stated in their policy that sick leave is … More