Payment of Wages: West Virginia
Federal law and guidance on this subject should be reviewed together with this section.
Author: Eric E. Kinder, Spilman Thomas & Battle, PLLC
- West Virginia law allows payment of wages by cash, check or money order. Direct deposit and electronic payroll cards are also permitted with certain restrictions. See Wage Payment Methods.
- Employers in West Virginia must pay employees at least two times per month, and no more than 19 days apart. Special rules apply to railroad employers. Penalties are imposed for employer violations. See Pay Frequency.
- The law permits employers to make certain types of deductions from employees' wages. Other deductions may be made if agreed to by the employer and employee. See Permitted and Prohibited Wage Deductions.
- Employers must give employees an itemized statement of pay deductions for each pay period in which deductions are made. Electronic pay statements are permitted under certain circumstances. See Pay Statement Requirements.
- Terminated employees must generally be paid their final pay by the next regular payday. Unused but accrued finge benefits are payable according to employer-employee agreement. If an employee does not return employer-provided property when employment ends, the employer may withhold, deduct or divert a portion of the employee's final wages to cover the replacement cost of the property that is not returned. Penalties are imposed for employer violations of the termination pay laws. See Termination Pay.
- If an employee dies and unpaid wages are owed, the employer can pay a limited amount of the unpaid wages to certain family members without notice of actual notice of probate proceedings. See Deceased Employee Wages.
- Employers holding a certain amount of unclaimed wages must file a report and remit the wages to the state Unclaimed Property Division by a certain date. Employers are also required to notify the affected employee within a certain time period that he or she has unclaimed wages that will be remitted to the state. See Unclaimed Wages.