Free West Virginia Labor and Employment FAQs | Free West Virginia Labor and Employment Legal Documents

Are Employers Required To Provide A Certain Amount Of Vacation Leave, Sick Leave Or Paid Holidays To Their Employees?

Tue, 29 May 2007 21:19:00 GMT

No. Providing fringe benefits is at the discretion of the employer.

Can I Withhold Wages From An Employee's Paycheck For The Amounts He Or She May Owe The Company?

Tue, 29 May 2007 21:19:00 GMT

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.

For Purposes Of Paying Final "Wages" Within 72 Hours, Are Reimbursed Expenses (Such As Mileage) Considered Into The "Wages?"

Tue, 29 May 2007 21:19:00 GMT

Only if company policy has made mileage a "part of wages" as defined by ß2151( c ).

Is A Prime Contractor Liable For Its Subcontractors Unpaid Wages And Fringe Benefits?

Tue, 29 May 2007 21:19:00 GMT

Yes.

Is An Employer Required To Pay Employees For Unused Sick Leave When They Quit Or Are Discharged?

Mon, 04 Jun 2007 21:51:22 GMT

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 compensable upon termination, the answer is yes. Otherwise, sick leave is not paid upon termination of the employee employer relationship.

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?

Sun, 20 Apr 2008 15:10:00 GMT

(Text incomplete)...must receive his or her final paycheck. It varies from being paid on their last day of work if they've given a pay period's notice of leaving, to being paid within seventytwo (72) hours if terminated and to being paid on the next regular payday if they were laid off. At no time may an employer "hold" a final paycheck under this Section of the Code.

May An Employer Pay Its Employees By Check Twice A Month?

Tue, 29 May 2007 21:19:00 GMT

West Virginia Code requires that an employer settle with its employees at least once in every two weeks. Paying employees twice a month has been recognized as an acceptable practice upon receipt of a written request for a special agreement.

Must An Employer Provide An Employee With A Meal Break?

Tue, 29 May 2007 21:19:00 GMT

Chapter 21310(a) requires employers to allow a twenty (20) minute meal break to those employees working at least a six (6) hour shift.

Must I Always Pay A Male And Female Employee The Same Wages For Similar Work Or Are There Exceptions For Experience And Seniority?

Mon, 04 Jun 2007 21:51:22 GMT

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. However, seniority and merit may be used as a determining factor in determining wages if a company has a biasfree seniority and merit system.

Upon The Termination Of An Employment Relationship, When Is An Employee Entitled To His/Her Last Pay Check?

Tue, 29 May 2007 21:19:00 GMT

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. If laid off, they are to be paid on the next regular payday.

What Do I Do If I Receive A Wage Assignment Or Garnishment Form From A Court Or Another Business?

Sun, 20 Apr 2008 15:18:18 GMT

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, signed by the employee, authorizing his/her current employer to make deductions from his/her wages for items not listed as legal deductions in the Wage Payment Collection Act. In order for another business to assign the wages of one of your employees, they would have to obtain a legal wage garnishment through the court.

What Does The West Virginia Wage Payment And Collection Act Prevent Of The Employer?

Mon, 04 Jun 2007 21:51:22 GMT

Selling goods or supplies to employees at prices higher than the current value.

Deducting more than 25% of an employee's earnings under a wage assignment (excluding amount required to be withheld, union dues, club dues, pension plans, payroll savings plans, credit unions, charities, and hospitalization and medical insurance).

Taking a wage assignment unless it is notarized and specifies the amount due, states that threefourths of the wages are exempt, and contains the written acceptance of the employee.

Refusing to pay the wages owed, up to $800, to the relatives of deceased employees.

Refusing to pay the wages of the employees employed by its subcontractor who has failed to pay his or her employees.

What Does The West Virginia Wage Payment And Collection Act Require Of The Employer?

Thu, 05 Jun 2008 15:13:33 GMT

Have a payday at least once every two weeks. (Does not apply to railroad companies by special arrangement.)
Pay money in check or money order drawn on banks convenient to the place of work where arrangements have been made for cashing.
On discharge, pay all wages, including fringe benefits, within 72 hours of the last hour of employment.
On quitting, pay all wages, including fringe benefits, at the regular payday (except if one pay period's notice is given by the employee, all wages including fringe benefits must be paid at the time of quitting).
On layoff or strike, pay all wages, including fringe benefits, at the next regular payday (except if requested by the employee all wages, including fringe benefits, must be paid by mail).
Notify employees in writing at the time of hiring of the rate of pay and of the day, hour and place of payment and thereafter of any changes.
Make known to all employees in writing or by accessible posted notice all employment practices and policies regarding vacation pay, sick leave and other fringe benefits.
Furnish each employee with an itemized statement of deductions made from the wages of each pay period.

Employers engaged in contraction work or the severance, production or transportation (excluding railroads and water transporters) of minerals, must have demonstrated the ability to pay all wages and fringe benefits due employees or must have posted a bond securing payment.

What Employers Are Subject To The Minimum Wage And Maximum Hours Law?

Tue, 27 May 2008 22:14:19 GMT

An employer who employs during any calendar week, six or more employees in any one separate, distinct and permanent location is subject to the Minimum Wage and Maximum Hours Law.

Every employer must pay one and onehalf times the regular rate of pay for all hours worked in excess of 40 hours a week.

Effective September 1, 1998, every employer shall pay to each employee a rate not less than $5.15 per hour.

An employer may implement a 90day training wage of $4.25 per hour for persons under 20 years of age.

An employer shall receive a credit of 20% of the hourly rate paid to an employee who receives gratuities

What Is The Free Osha Consultation Program?

Tue, 29 May 2007 21:19:00 GMT

There are four steps involved with the consulting process:

First, the consultant will meet with the employer to briefly review the consultant's role and the obligation you are responsible for as an employer.
Second, the walkthrough phase begins. You and the consultant will examine conditions in your workplace, and the consultant will make suggestions accordingly.
The third step is the closing conference. During this time the consultant will review detailed findings with you, and you will learn not only what needs to be improved, but also what you are doing well.
The final stage is the follow through, when the consultant will send you a detailed written report explaining the findings and confirming any abatement periods agreed upon.

Our preventative actions are to improve the overall health of workers in West Virginia while improving working conditions. If we are able to educate employers to comply with safety and health requirements, we have accomplished our goal. For information regarding the OSHA Safety and Health Consultation Service, contact: West Virginia Division of Labor
Safety & Health Consultation
State Capitol Complex
Bldg. 6, Room B749
Charleston, WV 25305 (304) 5587890
FAX (304) 5583797

When Must An Employer Pay Prevailing Wages In West Virginia? Where Can An Employer Learn What The Applicable Rates Are?

Tue, 29 May 2007 21:19:00 GMT

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 be obtained from the office of the West Virginia Secretary of State, Administrative Law Division. You may contact their office at (304) 5586000.

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