The 2015 legislative session produced many changes in West Virginia law. One of the significant changes for employees was Senate Bill 12, which modified the provisions of the Wage Payment and Collection Act.
Under the revised statute, a terminated employee must be paid all of his or her final wages on or before the next regular payday on which the wages would otherwise be due and payable. This applies regardless of whether the employee resigns or is fired. For example, if an employee is paid every Friday and the employee is terminated on a Monday, then the employer must pay the employee all final wages on the Friday following the Monday termination.
The new law also provides that fringe benefits, such as vacation, sick leave, and paid time off, that are part of an agreement with the employee and payable on a future date or subject to additional conditions are to be paid according to the agreement and not on the next regular payday.
Senate Bill 12 also reduced the amount of damages for a violation from three times the amount of final wages down to double the amount.