WEST virginia legislature
2016 regular session
House Bill 4490
By Delegates R. Smith, cadle, foster, statler, householder, faircloth, howell, butler and atkinson
[Introduced February 11,
to the Committee on Industry and Labor then the Judiciary.]
A BILL to amend and reenact §21-5-3 of the Code of West Virginia, 1931, as amended, relating to requirements by which an employee can authorize deductions from his or her wages.
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 deductions
(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
and authorized wage assignments, for their work or
(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 employees payroll card account in a federally insured depository institution. The term “payroll 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 employees 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. “Payroll card” means a card, code or combination thereof or other means of access to an employees payroll card account, by which the employee may initiate electronic fund transfers or use a payroll card to make purchases or payments. 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
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:
An employer may not make a deduction from the wage of an employee unless the deduction is:
(1) Ordered by a court of competent jurisdiction;
(2) Authorized expressly in writing by the employee; or
(3) Otherwise made in accordance with any law or rule.
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 modify the requirements by which an employee can authorize deductions from his or her wages.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.