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Under West Virginia law, employers and employees can agree to payroll deductions. Certain wage assignments (such as garnishments) must be acknowledged by the party making the assignment before a notary public or other officer authorized to take acknowledgments, and must specify the total amount due and collectible. No assignment of or order for future wages will be valid for a more than one year.
An employer can not deduct from an employee’s wages for the cost of a medical exam required by the employer.
The employee’s portion of a health care services plan may not be deducted from the employee’s wages without prior written consent.
An employer may not deduct from an employee’s wages to cover the employer’s required payments for unemployment compensation.
Unreturned Employer-Provided Property
Most deductions from wages are prohibited under state law. Effective May 15, 2018, employers may deduct from final wages to recoup costs of unreturned employer-provided property if certain conditions are met.
In order to withhold, deduct, or divert wages from an employee’s final paycheck to cover the cost of unreturned property, an employer must acquire a signed written agreement from the employee at the time the property was received. The withheld wages may not exceed the replacement cost of the property.
Employers have ten days from termination or resignation to notify the employee in writing of the replacement cost of the item. If the employee returns the property in appropriate condition, the employer must return the withheld wages.
Contact
West Virginia Division of Labor
Regulations
West Virginia State Code Chapter 21, Article 5:
§21-5-3. Payment of wages by employers other than railroads; assignments of wages
§21-5-5. Coercion of employees to purchase merchandise in payment of wages; sale of merchandise for more than prevailing cash value
West Virginia State Code Chapter 21, Article 3:
§21-3-17. Employers not to require payment of fees for medical examination as condition of employment; enforcement
West Virginia State Code Chapter 33, Article 25, (health care) §33-25-13. Contracts to be furnished to subscribers; payments for subscribers by others; wage deductions
West Virginia State Code Chapter 21A, Article 5, (unemployment) §21A-5-14. Deduction of payments from wages prohibited
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Regulations
For non-exempt employees:
29 CFR Part 531, Wage Payments under The Fair Labor Standards Act of 1938
For exempt employees:
29 CFR Part 541, Subpart G, Salary Requirements