COMMITTEE SUBSTITUTE
FOR
H. B. 4032
(By Delegates White and Kominar)
(Originating in the House Committee on Industry & Labor, Economic
Development and Small Business)
[January 31, 2008]
A BILL to amend and reenact §21-5-3 of the Code of West Virginia,
1931, as amended, relating to payment of wages through a
direct deposit system utilizing an electronic payment card or
other means of electronic transfer.
Be it enacted by the Legislature of West Virginia:
That §21-5-3 of the Code of West Virginia, one thousand nine
hundred thirty-one, 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 once in every two
weeks, 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 in lawful money of the United States, or by the;
(2) By cash order as described and required in the next
succeeding section four of this article;
(3) By direct deposit system utilizing an electronic payment
card, or other means of electronic transfer, issued by either a
person or entity licensed by or exempted from the provisions of
article two, chapter thirty-two-a of this code, at the option of
the employee as may be agreed upon in writing between the employee
and the person, firm or corporation paying the wages; or
(4) By 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,
however, 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) : Provided further, however, That if 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 such
payment at any time thereafter upon demand upon the proper
paymaster at the place where such 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 hereinafter provided in subsection (e) of this
section.
(e) No assignment of or order for future wages shall be valid
for a period exceeding one year from the date of such the
assignment or order. Such An assignment or order shall be
acknowledged by the party making the same before a notary public or
other officer authorized to take acknowledgments, and such 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: Provided further, That nothing
herein contained shall be construed as affecting the right of
teachers who have elected to become members of a county teachers'
retirement system, as permitted by section two, article seven-a,
chapter thirty-six, acts of the Legislature of West Virginia,
regular session, one thousand nine hundred forty-one, to make
assignments of or orders for future wages to such systems for
periods coextensive with the term of their contracts of employment.