Senate Bill No. 712
(By Senators Snyder, Edgell and Boley)
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[Originating in the Committee on Labor;
reported February 25, 2004.]
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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;
and clarifying that liquidated damages be proportionally
related to wages owed to an employee.
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 the 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
the 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 the person, firm or
corporation shall, in addition to the amount due, be liable to the
employee for liquidated damages in the amount of wages
proportionally related to the amount of unpaid wages due at his
or
her regular rate for each day the employer is in default, until
he
the employee is paid in full, without rendering any service
therefor:
Provided, That
he the employee shall cease to draw such
wages thirty days after
such default
. Every employee shall have
such a lien and all other rights and remedies for the protection
and enforcement of
such the salary or wages, as
he the employee
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 the liquidated damages,
such the 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 the employer is
adjudicated bankrupt upon
such the petition.
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(NOTE: The purpose of this bill is to clarify the original
intent of the legislature under W.Va. Code §21-5-4 that when an
employer fails to pay an employee wages that the amount of the
liquidated damages be proportionally related to the amount of
unpaid wages due, as held in
Cooper v. Glavas Contracting Co., 354
S.E.2d 822 (W.Va. 1987) and in keeping with
State Farm v. Campbell,
_______ U.S. _______, 124 S.Ct. 1513 (2003). Technical corrections
made as well.
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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