West Virginia Complaint for Recovery of Unpaid Wages

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Multi-State
Control #:
US-03305BG
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Word; 
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Description

The right of an employee to compensation is based on either an express or implied contract. Whether the employment contract is express or implied, it need not be formalized in order for the terms of employment to begin. Once employment has begun, the employment contract represents the right of the employee to be paid the wages agreed upon for services he or she has performed and the right of an employer to receive the services for which the wages have been paid.

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FAQ

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.

W&H Contact Information 1900 Kanawha Boulevard, ?East. State Capitol Complex - Building 3, Room 200. Charleston, WV 25305. Email - WageandHour@wv.gov. Main - 304.558.7890. Fax - 304.558.3797. Child Labor. Jobs Act.

Please print and submit your completed claim form to the following address by U.S. Mail: Virginia Department of Labor and Industry Division of Labor and Employment Law 600 East Main Street, Ste. 207 Richmond, Virginia 23219.

Generally, under W. Va. Code § 21-5-4, an employer must issue a final paycheck to a terminated employee within seventy-two (72) hours.

Wages and Hours The Fair Labor Standards Act prescribes standards for wages and overtime pay, which affect most private and public employment. The act is administered by the Wage and Hour Division.

When a West Virginia state employee has been overpaid, the employee may voluntarily authorize a written assignment or order for future wages to repay the overpayment in an amount not to exceed ?three-fourths? of his or her periodical earnings or wages.

In West Virginia, state law mandates that employees must be paid at least twice per month, with no more than 19 days between paydays.

The West Virginia Equal Pay Act prohibits private and public employers from paying wages to any employee at a rate less than the rate paid to employees of the opposite sex for work of comparable character, the performance of which requires comparable skills.

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West Virginia Complaint for Recovery of Unpaid Wages