January 19, 2021

Volume XI, Number 19


January 18, 2021

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West Virginia - In Case You were Getting Comfortable With the Timing of Final Paychecks...

The West Virginia Wage Payment and Collection Act is the law that governs the way employees are paid upon separation from their employment in West Virginia. That Act has been in a state of flux recently. If you are an employer, you probably know that you used to have to pay employees within 72 hours of their separation from employment, and then the statute was changed to require payment by next regular payday or 4 business days, whichever comes first. As of June 11, that law changes again.

As of June 11, employees must be paid their final paycheck on or before the next regular payday on which the wages would otherwise have been due and payable. This is true no matter when or why the employee is separated from his or her employment. The precise due date for an employee’s final pay therefore will depend on the employer’s pay schedule.

The final paycheck can be delivered through regular pay channels, by electronic transfer into the employee’s payroll card account, by direct deposit if the employee has agreed to it in writing, or, if the employee requests it, by mail.

If the employee is entitled to fringe benefits, including vacation, holidays, sick leave, personal leave, or other benefits, based on an agreement with the employer, then the agreement determines when the benefits are to be paid. In other words, if the employer and employee had an agreement concerning when fringe benefits would be paid, then those benefits do not have to be paid at the same time as any wages that are due.

© Steptoe & Johnson PLLC. All Rights Reserved.National Law Review, Volume V, Number 146



About this Author

Kaitlin L. Robidoux, Attorney, Labor, Employment, Steptoe Johnson Law Firm

Kaite Robidoux focuses her practice in the area of labor and employment law.

Drafted employment law presentation for insurance company, as well as other employment law presentations for local businesses .

Drafted employers’ position statements for discrimination claims before the EEOC Defended employers in state court against claims of discrimination under West Virginia common law and the West Virginia Human Rights Act .

Defended employers in state court against claims under the West Virginia Wage Payment and Collection Act.

Defended employers’ decisions to...