Jackson Lewis: West Virginia's Wage Payment Law Amendment Favors Employers | Practical Law

Jackson Lewis: West Virginia's Wage Payment Law Amendment Favors Employers | Practical Law

This Wage and Hour Law Firm Publication by Jackson Lewis P.C. discusses amendments to West Virginia's Wage Payment and Collection Act (WPCA) and a new employer-friendly law placing an affirmative duty on employees to mitigate past and future lost wage damages in an employment lawsuit. The WPCA amendments allow employers to pay departing employees their final paycheck on the next regular payday, removing the requirement to pay departing employees within the earlier of four business days after departure or the next regular payday. The WPCA now allows employers to pay employees twice a month, eliminating the requirement to pay employees at least every two weeks. The WPCA amendments also reduce the liquidated damages for WPCA violations from three times the amount of outstanding wages due employees to two times that amount. The new mitigation law replaces a prior law that did not require employees to mitigate their lost wages damages when they could show the employer acted with malice. Under the new law, the duty to mitigate arises even if the employer acted with malice. The WCPA amendments and new law on mitigation took effect between June 8 and June 12, 2015. 

Jackson Lewis: West Virginia's Wage Payment Law Amendment Favors Employers

Practical Law Legal Update 5-616-4417 (Approx. 3 pages)

Jackson Lewis: West Virginia's Wage Payment Law Amendment Favors Employers

by Jackson Lewis P.C.
Published on 10 Jun 2015United States, West Virginia
This Wage and Hour Law Firm Publication by Jackson Lewis P.C. discusses amendments to West Virginia's Wage Payment and Collection Act (WPCA) and a new employer-friendly law placing an affirmative duty on employees to mitigate past and future lost wage damages in an employment lawsuit. The WPCA amendments allow employers to pay departing employees their final paycheck on the next regular payday, removing the requirement to pay departing employees within the earlier of four business days after departure or the next regular payday. The WPCA now allows employers to pay employees twice a month, eliminating the requirement to pay employees at least every two weeks. The WPCA amendments also reduce the liquidated damages for WPCA violations from three times the amount of outstanding wages due employees to two times that amount. The new mitigation law replaces a prior law that did not require employees to mitigate their lost wages damages when they could show the employer acted with malice. Under the new law, the duty to mitigate arises even if the employer acted with malice. The WCPA amendments and new law on mitigation took effect between June 8 and June 12, 2015.