WEST virginia legislature
2018 regular session
House Bill 4368
By Delegates Westfall, Frich and Lane
[Reported down February 16, 2018; Referred to the Committee on Industry and Labor then the Judiciary.]
A BILL to amend and reenact §21-5-3 of the Code of West Virginia, 1931, as amended, relating to voluntary assignments of wages by state employees who have been overpaid; clarifying exemption from wages; and requiring written acknowledgement and waiver as part of a voluntary authorization or order.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. WAGE PAYMENT AND COLLECTION.
§21-5-3. Payment of wages by employers other than railroads; assignments of wages.
(a) Every person, firm or corporation doing business in this state, except railroad companies as provided in section one of this article, shall settle with its employees at least twice every month and with no more than 19 days between settlements, unless otherwise provided by special agreement, and pay them the wages due, less authorized deductions and authorized wage assignments, for their work or services.
(b) Payment required in subsection (a) of this section shall be made:
(1) In lawful money of the United States;
(2) By cash order as described and required in§21-5-4 of this code;
(3) By deposit or electronic transfer of immediately available funds into an employee's payroll card account in a federally insured depository institution. The term “payroll card account” means an account in a federally insured depository institution that is directly or indirectly established through an employer and to which electronic fund transfers of the employee's wages, salary, commissions or other compensation are made on a recurring basis, whether the account is operated or managed by the employer, a third person payroll processor, a depository institution or another person. “Payroll card” means a card, code or combination thereof or other means of access to an employee's payroll card account, by which the employee may initiate electronic fund transfers or use a payroll card to make purchases or payments. Payment of employee compensation by means of a payroll card must be agreed upon in writing by both the person, form or corporation paying the compensation and the person being compensated; or
(4) By any method of depositing immediately available funds in an employee's demand or time account in a bank, credit union or savings and loan institution that may be agreed upon in writing between the employee and such person, firm or corporation, which agreement shall specifically identify the employee, the financial institution, the type of account and the account number: Provided, That nothing herein contained shall be construed in a manner to require any person, firm or corporation to pay employees by depositing funds in a financial institution.
(c) If, at any time of payment,
shall be is absent from his or her regular place of
labor and shall does not receive his or her wages through a duly
authorized representative, he or she shall be is entitled to
payment at any time thereafter upon demand upon the proper paymaster at the
place where his or her wages are usually paid and where the next pay is due.
(d) Nothing herein
shall may affect the right of an employee to assign
part of his or her claim against his or her employer except as in subsection (e)
of this section.
(e) No assignment of or
order for future wages
shall may be valid for a period exceeding
one year from the date of the assignment or order. An assignment or order shall
be acknowledged by the party making the same before a notary public or other
officer authorized to take acknowledgments, and any order or assignment shall
specify thereon the total amount due and collectible by virtue of the same. Unless
§21-5-3(f) of this code is applicable, and three-fourths of the
periodical earnings or wages of the assignor shall are all times be
exempt from such assignment or order and no assignment or order shall be
is valid which does not so state upon its face: Provided, That no
such order or assignment shall be is valid unless the written
acceptance of the employer of the assignor to the making thereof is endorsed
thereon: Provided, however, That nothing herein contained shall may
be construed as affecting the right of employer and employees to agree between
themselves as to deductions to be made from the payroll of employees.
(f) If an employee of the state has been overpaid wages, including incremental salary increases pursuant to §5-5-2 of this code, an employee may authorize an assignment or order for future wages to repay the overpayment in an amount not to exceed three-fourths of his or her periodical earnings or wages: Provided, That an employee’s authorization is voluntary, and the written authorization contains an express acknowledgement and waiver by the employee of the right to exempt three-fourths of the periodical earnings or wages from the assignment or order.
NOTE: The purpose of this bill is to allow a state employee to voluntarily deduct an amount greater than 25 percent of their wages in order to repay an overpayment.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.