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Before the Division of Labor may conduct a wage payment and collection investigation, an employee must file a Request for Assistance (RFA). Click on the RFA Form link below, complete and submit via email to wageandhour@wv.gov or mail to the address on the form.
Lay Off The next regular payday. Whenever an employee is terminated, quits, or resigns from employment, the employer must pay that employee's final wages, including any fringe benefits that are payable directly to the employee, on or before the next regular payday on which the wages would otherwise be due and payable.
The West Virginia Wage Payment & Collection Act provides for the assessment of liquidated damages as a monetary penalty to employers that fail to pay final wages in a timely manner. Such damages are calculated at two (2) times the total amount of unpaid wages or fringe benefits owed.
West Virginia does not have its own state prevailing wage laws.
Upon receiving a written demand, the employer has seven calendar days from receipt to correct the alleged underpayment or nonpayment of the wages and fringe benefits due.
What is wage theft? Wage theft is the failure to pay workers the full wages to which they are legally entitled. Wage theft can take many forms, including but not limited to: Minimum wage violations: Paying workers less than the legal minimum wage.
We are able to resolve most cases administratively. If appropriate, the Department of Labor may litigate and/or recommend criminal prosecution. Employers who have willfully violated the law may be subject to criminal penalties, including fines and imprisonment.