west virginia wage assignment form

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• West Virginia

Most West Virginia employers must comply with two wage and hour laws: the federal Fair Labor Standards Act (“FLSA”) and the West Virginia Wage Payment and Collection Act (“WPCA”).  Both laws restrict the ability of employers to make deductions from employees’ wages.

When an employer makes impermissible deductions from an exempt employee’s pay, the employer risks losing the exemption from the FLSA’s overtime requirement.  Generally, to be exempt, the employee must perform certain exempt duties and must be paid at least $455 per week on a salary basis.  A salary is a predetermined, fixed amount of compensation that does not fluctuate because of changes in the amount of hours worked from week to week.  The general rule is that employers must pay exempt employees the full salary amount for any week in which the employee performs any work regardless of the number of hours worked.

However, there are some exceptions that allow for an employer to make deductions:

If the employee is absent from work for one full day or more because of personal reasons other than sickness or disability;

For absences caused by sickness or disability if the deduction is made in accordance with a bona fide plan that provides compensation for the lost time;

As penalties for violating safety rules of major significance;

For unpaid, disciplinary suspension; and,

To offset amounts an employee receives as a jury or witness fee, or for military pay.

Employers are also permitted to make deductions from an employee’s paid time off as long as the employee receives his or her standard weekly salary.  If the employee performs no work in a given workweek, then the FLSA does not require that the exempt employee be paid for that week.  Similarly, an employer is not required to pay the full salary in the first and last weeks of employment or when the employee takes unpaid leave under the Family and Medical Leave Act.

The FLSA also contains a provision that allows employers to correct an impermissible deduction and thereby preserve the exempt status of the employee.  To take advantage of this “window of correction,” the employer must have a policy that is clearly communicated to employees that prohibits improper deductions.  The policy should be in writing and must provide a mechanism by which employees can file complaints.  Once a violation is found, the employer must reimburse the employee and make a good faith commitment to comply in the future.

The WPCA limits an employer’s ability to make deductions from an employee’s wages after the wages have been earned, unless the employer and employee have completed a statutorily-required authorization.  This includes situations where the employee owes the employer a debt, such as when the employee has charged a purchase to an employee account.  Unlike the FLSA, the WPCA restrictions apply to both salary and hourly employees.

An authorization is not required if the deduction is for union or club dues, pension plans, payroll savings plans, credit unions, charities, hospitalization and medical insurance.  In addition, deductions without an authorization are permitted when the deduction is for “an amount required by law to be withheld.”  This exception is very narrow.  Wages that must be garnished pursuant to a court order, such as child support obligations, would meet the exception.

If the deduction is for any reason other than those listed above, then the employer must use a wage assignment form.  The West Virginia Division of Labor has posted a sample form on its website, and employers should use this form.  The assignment cannot exceed one year.  It must be signed by the employer, acknowledged by the employee, and notarized.  It must also specify the total amount due and collectible by virtue of the assignment and state that three fourths of the employee’s periodical wages are exempt from the assignment.

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West Virginia Code

Chapter 21. labor.

§21-5-1. Definitions.

Note: west virginia code §21-5-1 was amended by two bills passed during the 2021 regular session of the legislature. when two acts of the legislature amend the same section of the code without express recognition in the bill of the action of the other bill, the legislative manager makes no determination as to the appropriate, legal effect of the two acts. therefore, both versions of this section are set out below., the later of the two acts, house bill 2009 (passed on march 19, 2021) amended west virginia code §21-5-1 to read as follows:.

As used in this article:

(a) The term “firm” includes any partnership, association, joint-stock company, trust, division of a corporation, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same, or officer thereof, employing any person.

(b) The term “employee” or “employees” includes any person suffered or permitted to work by a person, firm, or corporation, except those classified as an independent contractor pursuant to §21-5I-4 of this code.

(c) The term “wages” means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation. As used in §21-5-4, §21-5-5, §21-5-8a, §21-5-10, and §21-5-12 of this code, the term “wages” shall also include then accrued fringe benefits capable of calculation and payable directly to an employee: Provided , That nothing herein contained shall require fringe benefits to be calculated contrary to any agreement between an employer and his or her employees which does not contradict the provisions of this article.

(d) The term “commissioner” means Commissioner of Labor or his or her designated representative.

(e) The term “railroad company” includes any firm or corporation engaged primarily in the business of transportation by rail.

(f) The term “special agreement” means an arrangement filed with and approved by the commissioner whereby a person, firm, or corporation is permitted upon a compelling showing of good cause to establish regular paydays less frequently than once in every two weeks: Provided , That in no event shall the employee be paid in full less frequently than once each calendar month on a regularly established schedule.

(g) The term “deductions” includes amounts required by law to be withheld, and amounts authorized for union, labor organization, or club dues or fees, pension plans, payroll savings plans, credit unions, charities, and any form of insurance offered by an employer: Provided , That for a public employee, other than a municipal employee covered by a collective bargaining agreement with a municipality which is in effect on July 1, 2021, the term “deductions” shall not include any amount for union, labor organization, or club dues or fees.

(h) The term “officer” shall include officers or agents in the management of a corporation or firm who knowingly permit the corporation or firm to violate the provisions of this article.

(i) The term “wages due” shall include at least all wages earned up to and including the twelfth day immediately preceding the regular payday.

(j) The term “construction” means the furnishing of work in the fulfillment of a contract for the construction, alteration, decoration, painting, or improvement of a new or existing building, structure, roadway, or pipeline, or any part thereof, or for the alteration, improvement, or development of real property: Provided , That construction performed for the owner or lessee of a single family dwelling or a family farming enterprise is excluded.

(k) The term “minerals” means clay, coal, flagstone, gravel, limestone, manganese, sand, sandstone, shale, iron ore, and any other metallurgical ore.

(l) The term “fringe benefits” means any benefit provided an employee or group of employees by an employer, or which is required by law, and includes regular vacation, graduated vacation, floating vacation, holidays, sick leave, personal leave, production incentive bonuses, sickness and accident benefits, and benefits relating to medical and pension coverage.

(m) The term “employer” means any person, firm, or corporation employing any employee.

(n) The term “doing business in this state” means having employees actively engaged in the intended principal activity of the person, firm, or corporation in West Virginia.

(o) The term “assignment”, as used in §21-5-3 of this code, shall have the same meaning as the term “assignment of earnings” set forth in §46A-2-116(2)(b) of this code.

The earlier of the two acts, Senate Bill 272 (passed on March 11, 2021), amended West Virginia Code §21-5-1 to read as follows:

(d) The term “commissioner” means the Commissioner of Labor or his or her designated representative.

(f) The term “special agreement” means an arrangement filed with and approved by the commissioner whereby a person, firm, or corporation is permitted upon a compelling showing of good cause to establish regular paydays less frequently than once every two weeks: Provided , That in no event shall the employee be paid in full less frequently than once each calendar month on a regularly established schedule.

(g) The term “deductions” includes amounts required by law to be withheld, and amounts authorized for union or club dues, pension plans, payroll savings plans, credit unions, charities, and hospitalization and medical insurance.

(i) The term “wages due” shall include at least all wages earned up to and including the 12th day immediately preceding the regular payday.

(j) The term “construction” means the furnishing of work in the fulfillment of a contract for the construction, alteration, decoration, painting, or improvement of a new or existing building, structure, roadway, or pipeline, or any part thereof, or for the alteration, improvement, or development of real property: Provided , That construction performed for the owner or lessee of a single-family dwelling or a family farming enterprise is excluded.

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Signed bills for §21-5-1.

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Wage Assignment Transmittal Form - West Virginia

• United States Legal Forms
• West Virginia Legal Forms
• West Virginia Department of Health and Human Resources

Wage Assignment Transmittal Form is a legal document that was released by the West Virginia Department of Health and Human Resources - a government authority operating within West Virginia.

Q: What is a Wage Assignment Transmittal Form?A: A Wage Assignment Transmittal Form is a document used to notify an employer to withhold wages from an employee's paycheck for a specific purpose.

Q: Why would someone need to use a Wage Assignment Transmittal Form?A: Someone may need to use a Wage Assignment Transmittal Form if they have a court-ordered debt or obligation that requires their employer to withhold a portion of their wages.

Q: What information is typically included in a Wage Assignment Transmittal Form?A: A Wage Assignment Transmittal Form typically includes the employee's name, employer's name and address , the amount to be withheld from each paycheck, and the reason for the wage assignment.

Q: Is a Wage Assignment Transmittal Form required in West Virginia?A: Yes, a Wage Assignment Transmittal Form is required in West Virginia if an employer receives a court-ordered wage assignment.

Form Details:

• The latest edition currently provided by the West Virginia Department of Health and Human Resources;
• Ready to use and print;
• Easy to customize;
• Compatible with most PDF-viewing applications;
• Fill out the form in our online filing application .

Download a printable version of the form by clicking the link below or browse more documents and templates provided by the West Virginia Department of Health and Human Resources.

Download Wage Assignment Transmittal Form - West Virginia

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Case: Wage & Hour/Wage Assignments (W. Va.)

A trial court properly found that Fairmont Tools Inc. violated the West Virginia Wage Payment and Collection Act by wrongfully taking assignments in the form of paycheck deductions for uniforms, boots, tools, and other protective equipment that its workers needed to perform their hazardous jobs, the Supreme Court of Appeals of West Virginia ruled. The company made withholdings from the wages of its employees that met the WPCA’s definition of an assignment, but never procured from its employees a writing that complied with the conditions set in the WPCA for a valid assignment, the court said, and thus, the assignments ...

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