West Virginia

Executive Summary

Overview:  Employers must pay voluntary and involuntarily terminated employees all wages due by the next regular payday and employees must be paid at least twice every month.

Effective Date: In effect

Coverage:  Clients with Employees in West Virginia

The Details

Payment on Termination

As of June 11, 2015, employers must pay a terminated employee all wages due by the next regular payday, rather than the earlier of the next regular payday or within four business days. The wages may be paid by mail at the employee’s request.

The Legislature also clarified that “wages” include accrued fringe benefits that are capable of calculation and payable directly to an employee. Further, fringe benefits to be paid at a future date in accordance with the terms of an agreement between an employer and an employee do not have to be paid on or before the next scheduled payday after the end of the employment relationship; rather, those fringe benefits should be paid in accordance with the terms of the agreement.

Penalties

As of June 11, 2015, employers who fail to pay an employee in accordance with the WPCA’s time limits will be liable to the employee for liquidated damages equal to twice the outstanding amount of wages due. Previously, the employer was liable for three times the outstanding amount.

Frequency of Payments

West Virginia employers generally have been required to pay employees every two weeks. Effective June 12, 2015, employers must pay employees at least twice every month, with no more than 19 days between payments.

Practical Impact

Please make sure to promptly process payroll for terminated employees to help ensure timely payment. Additionally, please contact your payroll representative to change your pay frequency if necessary.

ADP is committed to helping you meet your compliance challenges. For additional information about this or any other Human Resources compliance issue, please contact your HR Business Partner.