West Virginia Division of Labor
Acting Commissioner John R. Junkins

 

West Virginia Division of Labor Wage & Hour

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Final Wages

Requirements for Meeting Final Wages:

The following table outlines the time frame requirements for meeting final wages as established by §21-5-4 of the West Virginia Code.

The seventy-two ﴾72﴿ hour requirement does not exclude holidays,weekends,etc.

Reason for Separation of Employment Time Frame
Discharged /Fired 72 hours from the time of discharge
Quit /Resigned without notice
Next regular payday
Quit /Resigned with a full pay periods notice
Last day of work
Lay-off due to economic conditions
Next regular payday

The payment of final wages includes any fringe benefits that are capable of calculation at the time of separation of employment.The decision concerning whether or not certain fringe benefits must be included in final wages is based on written company policy and is decided on a case by case basis.

Definitions:

  • WAGES: Compensation for labor or services rendered by an employee,whether the amount is determined on a time,task,piece,commission or other basis of calculation. The term wages also includes then accrued fringe benefits capable of calculation and payable directly to the employee.

  • DISCHARGE: An involuntary termination OR the cessation of performance of work by employee due to employer action.

  • LAYOFF: The involuntary cessation of employment for a reason not relating to the quality of the employee ’s performance or other employee-related reason.

 

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