COMMITTEE SUBSTITUTE
FOR
H. B. 4454
(By Mr. Speaker, Mr. Kiss, and Delegates Morgan,
Pethtel, Stemple, Trump, Amores, Schadler, Hartman,
Sobonya, Craig and Azinger)
(Originating in the Committee on the Judiciary)
[February 22, 2006]
A BILL to amend and reenact §21-5-4 of the Code of West Virginia,
1931, as amended, relating to wages withheld from an employee;
clarifying that liquidated damages be proportionately related
to wages owed to an employee; and providing that liquidated
damages will equal three times actual damages.
Be it enacted by the Legislature of West Virginia:
That §21-5-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. WAGE PAYMENT AND COLLECTION.
§21-5-4. Cash orders; employees separated from payroll before
paydays.
(a) In lieu of lawful money of the United States, any person,
firm or corporation may compensate employees for services by cash
order which may include checks or money orders on banks convenient
to the place of employment where suitable arrangements have been
made for the cashing of such checks by employees for the full
amount of wages.
(b) Whenever a person, firm or corporation discharges an
employee, such person, firm or corporation shall pay the employee's
wages in full within seventy-two hours.
(c) Whenever an employee quits or resigns, the person, firm or
corporation shall pay the employee's wages no later than the next
regular payday, either through the regular pay channels or by mail
if requested by the employee, except that if the employee gives at
least one pay period's notice of intention to quit the person, firm
or corporation shall pay all wages earned by the employee at the
time of quitting.
(d) When work of any employee is suspended as a result of a
labor dispute, or when an employee for any reason whatsoever is
laid off, the person, firm or corporation shall pay in full to such
employee not later than the next regular payday, either through the
regular pay channels or by mail if requested by the employee, wages
earned at the time of suspension or layoff.
(e) If a person, firm or corporation fails to pay an employee
wages as required under this section, such person, firm or
corporation shall, in addition to the amount due, be liable to the
employee for liquidated damages in the amount of wages at his
regular rate for each day the employer is in default, until he is
paid in full, without rendering any service therefor: Provided,
however, That he shall cease to draw such wages thirty days after
such default
three times that amount as liquidated damages. Every
employee shall have such lien and all other rights and remedies for the protection and enforcement of such salary or wages, as he or
she would have been entitled to had he or she rendered service
therefor in the manner as last employed; except that, for the
purpose of such liquidated damages, such failure shall not be
deemed to continue after the date of the filing of a petition in
bankruptcy with respect to the employer if he or she is adjudicated
bankrupt upon such petition.
NOTE: The purpose of this bill is to establish that an
employer that violates the Wage Payment and Collection Act is
liable to the employee for liquidated damages in an amount equal to
three times actual damages.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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