Federal & State Regulations | Final paycheck - West Virginia

State Info

Summary of differences between federal and state regulations

Employers are not required by federal law to give former employees their final paycheck immediately. Some states, however, may require immediate payment or payment within a specific time period.

West Virginia Code §21-5-4 requires that:

When a company discharges an employee, or when the employee quits or resigns, the company shall pay the employee's wages in full no later than the next regular payday.

Fringe benefits such as vacation are payable according to the terms of any agreement between the employer and employee.

When work of any employee is suspended as a result of a labor dispute, or when an employee for any reason whatsoever is laid off, the person, firm or corporation shall pay in full to the employee not later than the next regular payday, either through the regular pay channels or by mail if requested by the employee, wages earned at the time of suspension or layoff.