West Virginia Wage Payment and Collection Law

The payment of wages is governed by the Wage Payment and Collection law in West Virginia, which also covers wage bonds. During my research, I discovered that the Wage Payment and Collection Act stipulates that wages and benefits must be paid to employees within 72 hours of their dismissal from a business. This provision is applicable only if an employee is involuntarily discharged. However, if an employee is laid off or leaves of his own accord, then the amount of wages and benefits can be paid on the next regularly-scheduled payday.

It is important to note that when an employee is laid off or quits, the employer often chooses to give him or her benefits. Often, these benefits are company policy. If benefits have been agreed upon in policy or on a case-by-case basis, then it is up to the employer to provide them. The Wage Payment and Collection Act do not mandate that any benefits are provided.

The Act also makes certain requirements for payment practices. As such, it is required that employers pay their employees at least every two weeks, unless there is a special agreement between the employee and employer. There may not be any payroll deductions unless the worker specifically agrees to such reductions from the paycheck either.

In terms of the Act’s governance of Wage Bonds, the act states that with the exception of those employers that have been doing business in West Virginia for over five years and are in the business of construction, then the production or transportation of minerals must produce a bond that protects the wages and benefits of their employees. In other words, if a West Virginia business is engages in the transportation and attainment of minerals, then the employer must have a bond in order to ensure that the employees are financially protected.