The Wage Payment & Collection Act addresses three different areas of enforcement, which include wage payment and collection issues, the requirement for employers within certain industries to post a wage bond, and employer limitations concerning the use of polygraph exams and the licensure requirements for examiners.
The Wage & Hour Section (“the Section”) of the Division of Labor is responsible for investigating all matters under the authority of the Wage Payment & Collection Act (WPCA). The wage payment provisions of the WPCA address many issues relating to the relationship between employer and employee. Such issues include the rules for meeting payroll, the payment of hourly (and salaried) wages, commissioned wages, final wages, the accrual and payment of employee fringe benefits, the rules for authorized and unauthorized payroll deductions, employer responsibilities concerning employee notifications and recordkeeping requirements.
In order for the Wage Payment & Collection Act to apply, an employment relationship must exist between the employer and the worker. Any individual working outside of an employer/employee relationship that is not paid for his or her work must address such unpaid funds by filing a claim in magistrate or circuit court.
Wage Payment Fact Sheets
WV Code Chapter 21, Article 5 -Wage Payment & Collection
Title 42 Legislative Rule Series 5 -Wage Payment & Collection