West Virginia – Wage Payment Laws


West Virginia Wage Payment Laws



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




Manner of Wage 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 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



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.



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.



Pre-hire Medical, Physical, or Drug Tests

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



Statement of Wages (Pay Stub)

An employer must provide each employee an itemized statement of deductions made from his or her wages for each pay period. 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



Notice Requirements

An employer must:

  • Notify employees in writing, at the time of hire of the rate of pay, and of the day, hour, and place of payment.
  • 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.
  • 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