West Virginia Wage Payment and Collection Act & Pay Day Notice Updated

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83749_t[1]There have been several changes to West Virginia’s mandatory workplace postings, with the Wage Payment and Collection Act (WCPA) posting most extensively revised. The updated posting includes changes to employers’ responsibilities with regard to pay frequency, method and notification to employees of changes in pay terms under new WCPA laws. The changes will require employers’ careful pay administration and clear communication of pay policies.  

WCPA Posting Update

Employers must adhere to new rules for the payment of wages under the WPCA, by Senate Bill 12 and by Senate Bill 318. Highlights of the changes include:

  • An employee must be paid all of his or her final wages on or before the next regular payday regardless of whether the employee quits, resigns or is fired
  • Fringe benefits, such as vacation, sick leave, and personal leave, that are covered by an agreement between the employer and the employee and payable on a future date are to be paid according to the terms of the agreement and not on the next regular payday
  • Direct deposit has been authorized as a means of paying final wages
  • Employees must receive at least one full pay period’s written notice before any changes to the terms or conditions of employment are implemented, such as an employee’s rate of pay, fringe benefits, the time and place for meeting payroll, or any other existing terms or conditions of employment
  • Liquidated damages for a violation of the wage payment law was reduced from three times the amount of final wages to twice the amount.

 

Pay Day Notice Update

The WPCA also requires employers to communicate certain pay practices and policies to employees by written or posted notice. Existing and new notice requirements include:

  • Employer’s established work week, pay periods, and regularly scheduled pay days
  • Employment practices and policies regarding fringe benefits such as vacation or sick leave
  • Payment of wages must be made at least twice a month, with no more than 19 days between pay days.

 

Human Rights Notices

The West Virginia Human Rights Act posting and the West Virginia Fair Housing also have a fresh look and updated Human Rights Commission contact information.

The West Virginia All-On-One™ Labor Law Poster is complete with the updated WCPA posting, the Pay Day notice confor

 

med to meet the new pay day standards, and both new Human Rights notices.