H. B. 4032
(By Delegates White and Kominar)
[Introduced January 11, 2008; referred to the
Committee on Industry and Labor, Economic Development and Small
Business then Finance.]
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 automated teller machine
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, 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.
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 in lawful money of the
United States, or by the cash order as described and required in
the next succeeding section of this article or 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.
Payment of wages may be made through a
direct deposit system utilizing an automated teller machine card or
other means of electronic transfer at the option of the employee
with the agreement of the employer: Provided, further however,
That 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 the wages are usually
paid and where the next pay is due.
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.
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 The 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 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, further 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, further 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:
And 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.
NOTE: The purpose of this bill is to allow the payment of
wages made through a direct deposit system utilizing an automated
teller machine card or other means of electronic transfer.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.