April 21, 2015
On March 31, 2015, Gov. Tomblin signed SB 12 into law, which is effective 90 days from passage. The law amends the wage laws in West Virginia to provide that wages owed for work performed are to be paid by the next regular pay day, rather than within four business days as the law now requires. Allowable payment methods include in-person payment and direct deposit where suitable arrangements have been made. Where payment is made by mail, payment is to be considered as having been made on the date the mailed payment is postmarked. Liquidated damages for failure to properly pay wages as required to discharged employees was reduced to two times the amount of unpaid wages from three times of such wages. The meaning of wages due is modified to refer to at least all wages earned up to and including the twelfth day immediately preceding the regular pay day, rather than wages earned up to the fifth day.
Finally, relating to wages paid with respect to vacation pay and other fringe benefits payable on termination, final wage-payment requirements were modified such that fringe benefits provided by agreement between the employer and employee and owed to a discharged employee but that are, under the agreement's terms, to be paid at a future date or based on additional ascertainable conditions, are not payable by the next regular payday but must be paid according to the agreement's terms. This provision is effective June 11, 2015.
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