Committee Substitute House Bill 4032 History

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HB4032 SUB


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:
§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;
(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.
: 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.
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