WEST virginia legislature
2016 regular session
Senate Bill 290
By Senator Carmichael
14, 2016; Referred
to the Committee on the Judiciary.]
A BILL to amend and reenact §21-5-3 of the Code of West Virginia, 1931, as amended, relating to assignment of wages by employers and payment of wages by payroll card; authorizing assignment without notarization or required statement that assignment cannot be for more than twenty-five percent of employee’s wages; allowing wage assignments to be valid for longer than one year; and removing requirement for written agreement to pay employee by payroll card.
Be it enacted by the Legislature of West Virginia:
That §21-5-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5. WAGE PAYMENT AND COLLECTION.
§21-5-3. Payment of wages by employers other than railroads; assignments of wages.
(a) Every person, firm or corporation doing business in this state, except railroad companies as provided in section one of this article, shall settle with its employees at least twice every month and with no more than nineteen days between settlements, unless otherwise provided by special agreement, and pay them the wages due, less authorized deductions and authorized wage assignments, for their work or services.
(b) Payment required in subsection (a) of this section shall be made:
(1) In lawful money of the United States;
(2) By cash order as described and required in section four of this article;
(3) By deposit or
electronic transfer of immediately available funds into an employee=s payroll card account in a federally insured
depository institution. The term Apayroll card account@ means an account in a federally insured depository
institution that is directly or indirectly established through an employer and
to which electronic fund transfers of the employee=s wages, salary, commissions or other compensation are
made on a recurring basis, whether the account is operated or managed by the
employer, a third-party payroll processor, a depository institution or another
person. APayroll 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
Payment of employee compensation by means of a payroll card must
be agreed upon in writing by both the person, form or corporation paying the
compensation and the person being compensated; or
(4) By any method of depositing immediately available funds in an employee's demand or time account in a bank, credit union or savings and loan institution that may be agreed upon in writing between the employee and such person, firm or corporation, which agreement shall specifically identify the employee, the financial institution, the type of account and the account number: Provided, That nothing herein contained shall be construed in a manner to require any person, firm or corporation to pay employees by depositing funds in a financial institution.
(c) If, at any time of payment, any employee shall be absent from his or her regular place of labor and shall not receive his or her wages through a duly authorized representative, he or she shall be entitled to payment at any time thereafter upon demand upon the proper paymaster at the place where his or her wages are usually paid and where the next pay is due.
(d) Nothing herein contained shall affect the right of an employee to assign part of his or her claim against his or her employer except as in subsection (e) of this section.
No assignment of or
order for future wages shall be valid for a period exceeding one year from the
date of the assignment or order. An assignment or order shall be acknowledged
signed by the party making the same, before a notary public or other
officer authorized to take acknowledgments and any order or assignment
shall specify thereon the total amount due and collectible by virtue of the
same and three fourths of the periodical earnings or wages of the assignor
shall at all times be exempt from such assignment or order and no assignment: or
order shall be valid which does not so state upon its face: Provided,
That no such order or assignment shall be valid unless the written acceptance
of the employer of the assignor to the making thereof is endorsed thereon:
Provided, however, That nothing herein contained shall be construed as
affecting the right of employer and employees to agree between themselves as to
deductions to be made from the payroll of employees.
NOTE: The purpose of this bill is to authorize assignment without notarization or required statement that assignment cannot be for more than twenty-five percent of employee’s wages. The bill allows wage assignments to be valid for longer than one year. The bill removes requirement for written agreement to pay employee by payroll card.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.