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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
Payment upon Separation from Employment
Employees who are fired, discharged, terminated, or laid off
An employer must pay an employee who is discharged or terminated all wages due within
72 hours of the discharge. West Virginia Code 21-5-4
Employees who quit or resign
An employer must pay an employee who quits or resigns all wages due at the time of
quitting if the employee has given at least one pay period's notice of an intent to quit. If the
employee has not given at least one pay period's notice, the employer must pay the
employee by the next regular payday. West Virginia Code 21-5-4
Employees who are suspended or resigns due to a labor dispute (strike)
Vermont has no law regarding an when an employer must pay an employee who has
resigned due to a labor dispute. Presumably an employer would pay an employee who
resigns employment due to a labor dispute by the next regular payday. West Virginia Code
21-5-4
Wages in Dispute
West Virginia does not have any laws requiring an employer to pay an employee wages
conceded to be due when involved in a wage dispute with the employee.
Employees who are fired, discharged, terminated, or laid off
An employer must pay an employee who is discharged or terminated all wages due within
72 hours of the discharge. West Virginia Code 21-5-4
Employees who quit or resign
An employer must pay an employee who quits or resigns all wages due at the time of
quitting if the employee has given at least one pay period's notice of an intent to quit. If the
employee has not given at least one pay period's notice, the employer must pay the
employee by the next regular payday. West Virginia Code 21-5-4
Employees who are suspended or resigns due to a labor dispute (strike)
Vermont has no law regarding an when an employer must pay an employee who has
resigned due to a labor dispute. Presumably an employer would pay an employee who
resigns employment due to a labor dispute by the next regular payday. West Virginia Code
21-5-4
Wages in Dispute
West Virginia does not have any laws requiring an employer to pay an employee wages
conceded to be due when involved in a wage dispute with the employee.
Deductions from Wages
An employer may not deduct any of the following from an employee's wages unless the
employee has consented:
- shortages,
- damages,
- rent,
- uniforms,
- tools, or
- any other necessary item.
An employer may not withhold or deduct wages from an employee's pay check, unless:
- required to do so by law,
- authorized for union or club dues, pension plans, payroll savings plans, credit unions,
charities and hospitalization and medical insurance; or
- agreed to by the employee.
West Virginia Code 21-5-1; West Virginia Code 21-5-3
Uniforms, Tools, and Other Equipment Necessary for Employment
West Virginia does not have any laws prohibiting an employer from requiring an employee
to purchase a uniform, tools, or other items necessary for employment.
Medical or Physical Exams, including Drug Tests, Required for Employment
West Virginia does not have any laws prohibiting an employer from requiring an applicant
or employee to pay the cost of a medical examination or the cost of furnishing any records
required by the employer as a condition of employment.
An employer may not deduct any of the following from an employee's wages unless the
employee has consented:
- shortages,
- damages,
- rent,
- uniforms,
- tools, or
- any other necessary item.
An employer may not withhold or deduct wages from an employee's pay check, unless:
- required to do so by law,
- authorized for union or club dues, pension plans, payroll savings plans, credit unions,
charities and hospitalization and medical insurance; or
- agreed to by the employee.
West Virginia Code 21-5-1; West Virginia Code 21-5-3
Uniforms, Tools, and Other Equipment Necessary for Employment
West Virginia does not have any laws prohibiting an employer from requiring an employee
to purchase a uniform, tools, or other items necessary for employment.
Medical or Physical Exams, including Drug Tests, Required for Employment
West Virginia does not have any laws prohibiting an employer from requiring an applicant
or employee to pay the cost of a medical examination or the cost of furnishing any records
required by the employer as a condition of employment.
Notice of Wage Reduction
An employer must notify employees in writing or through a posted notice maintained in a
place accessible to his employees prior to making any changes in the rate of pay, or to the
day, hour, or place of payment. West Virginia Code 21-5-9
An employer must notify employees in writing or through a posted notice maintained in a
place accessible to his employees prior to making any changes in the rate of pay, or to the
day, hour, or place of payment. West Virginia Code 21-5-9
Statement of Wages (Pay Stub)
from his wages for each pay period such deductions are made. West Virginia Code 21-5-9
from his wages for each pay period such deductions are made. West Virginia Code 21-5-9
Record Keeping Requirements
An employer must keep and preserve at his place of business for a period of two years, a
written record or records for each employee of:
- name and address;
- rate of pay,
- hours of employment,
- payroll deductions, and
- amount paid for each pay period.
West Virginia Code 21-5C-5
An employer must keep and preserve at his place of business for a period of two years, a
written record or records for each employee of:
- name and address;
- rate of pay,
- hours of employment,
- payroll deductions, and
- amount paid for each pay period.
West Virginia Code 21-5C-5
Frequency of Wage Payments
An employer must pay employees at least once every two weeks, unless otherwise agreed
to by the employer and the employee. If an employee is absent from his or her regular
place of labor and does not receive his or her wages, the employer must pay the wages
due upon demand at the place where his or her wages are usually paid. West Virginia
Code 21-5-3
An employer must pay employees at least once every two weeks, unless otherwise agreed
to by the employer and the employee. If an employee is absent from his or her regular
place of labor and does not receive his or her wages, the employer must pay the wages
due upon demand at the place where his or her wages are usually paid. West Virginia
Code 21-5-3
Manner of Payments
An employer may pay wages by:
- cash;
- check redeemable at face value without deduction or fee;
- deposit into an employee's payroll card account in a federally insured depository
institution. A "payroll card account" is an account in a bank that is directly or indirectly
established through an employer and to which electronic fund transfers of the employee's
wages or other compensation are made on a recurring basis. "Payroll card" means a card,
code or combination thereof or other means of access to an employee's payroll card
account, by which the employee may initiate electronic fund transfers or use a payroll card
to make purchases or payments. An employee must consent in writing to be paid by
means of a payroll card.
- direct deposit or any method of depositing immediately available funds in an employee's
account in a bank, credit union or savings and loan institution.
West Virginia Code 21-5-3
Direct Deposit
An employer may require an employee to participate in direct deposit, however, the
employee must agree to be paid by direct deposit in writing. The agreement must
specifically identify the employee, the financial institution, the type of account and the
account number. West Virginia Code 21-5-3
An employer may pay wages by:
- cash;
- check redeemable at face value without deduction or fee;
- deposit into an employee's payroll card account in a federally insured depository
institution. A "payroll card account" is an account in a bank that is directly or indirectly
established through an employer and to which electronic fund transfers of the employee's
wages or other compensation are made on a recurring basis. "Payroll card" means a card,
code or combination thereof or other means of access to an employee's payroll card
account, by which the employee may initiate electronic fund transfers or use a payroll card
to make purchases or payments. An employee must consent in writing to be paid by
means of a payroll card.
- direct deposit or any method of depositing immediately available funds in an employee's
account in a bank, credit union or savings and loan institution.
West Virginia Code 21-5-3
Direct Deposit
An employer may require an employee to participate in direct deposit, however, the
employee must agree to be paid by direct deposit in writing. The agreement must
specifically identify the employee, the financial institution, the type of account and the
account number. West Virginia Code 21-5-3
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
| E |
| H |
| L |
Notice Requirements
An employer must:
(1) Notify employees in writing, at the time of hire of the rate of pay, and of the day, hour, and
place of payment.
(2) Notify employees in writing or through a posted notice maintained in a place accessible
to his employees of any changes in the rate of pay or the day, hour, or place of payment.
(3) Make available to his employees in writing or through a posted notice maintained in a
place accessible to his employees, employment practices and policies with regard to
vacation pay, sick leave, and comparable matters.
West Virginia Code 21-5-9
An employer must:
(1) Notify employees in writing, at the time of hire of the rate of pay, and of the day, hour, and
place of payment.
(2) Notify employees in writing or through a posted notice maintained in a place accessible
to his employees of any changes in the rate of pay or the day, hour, or place of payment.
(3) Make available to his employees in writing or through a posted notice maintained in a
place accessible to his employees, employment practices and policies with regard to
vacation pay, sick leave, and comparable matters.
West Virginia Code 21-5-9
| Wage Payment Laws for Private Sector Employers |
Topics Covered:
- Frequency of Wage Payments
- Manner of Payments
- - Direct Deposit
- Payment upon Separation from Employment
- - Employees who are fired, discharged, or terminated
- Employees who quit or resign
- Employees who is suspended or resigns due to a labor dispute (strike)
- Employees who are laid off
- Wages in Dispute
- Deductions from Wages
- - Cash shortages
- Damage, loss or destruction of employer property
- Dishonored or returned checks
- Uniforms
- Tools and other items necessary for employment
- Pre-hire medical, physical, or drug tests
- Notice of Wage Reduction
- Statement of Wages (Pay Stub)
- Record Keeping Requirements
- Notice Requirements
