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The FLSA requires employers to pay nonexempt employees a rate at least equal to the federal minimum wage and an overtime rate of one and-one-half times the employees' regular rates for time worked in excess of forty (40) hours in a workweek or work period (when designated by fire protection or law enforcement agencies) ...
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.
The employer can provide information on professional conduct, the reasons for separation, and job performance (including any written performance evaluations), provided that, when giving the information, the employer is not acting in bad faith.
On January 17, 2023, HB 2626, also known as the ?Katherine Johnson and Dorothy Vaughan Fair Pay Act,? was proposed in the West Virginia House of Delegates. If passed, this bill would require employers to provide information about pay, benefits, and other compensation to candidates who ask for it.
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.
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.
An employer generally may disclose, both to an employee's co-workers and to potential employers, the true reason why an employee left or was fired.
Requirements newly added for 2023 include showing the median and mean hourly rate broken out by job category, race, ethnicity and gender. Employers with 100 or more labor contractors must file a separate report with pay data on their labor contractors, which they should work with their staffing companies to prepare.
A written request to check files is required. Employers must keep files of former employees for at least one year after termination. Employees may view records during regular business hours in a location at or near the worksite.