WPCA amendment offers a welcomed safe harbor for weary wage payers

In March 2020, the West Virginia Legislature created a “safe harbor” provision in the West Virginia Wage Payment and Collection Act (WPCA) that, if followed, will allow for an informal resolution to final wage disputes and will provide employers with an avenue to avoid the liquidated damages and attorneys’ fees provisions of the Act.

Background

As many of you are already aware, the WPCA is the statute that governs nearly all things payroll-related in West Virginia. For instance, it governs how frequently employees must be paid, the manner in which they are to be paid, what deductions may be taken from their paychecks, and when and what should be paid out upon separation from employment. The Act contains various penalties for different types of violations, some of which allow an employee to recover liquidated damages in the amount of twice the wages owed and allow her to recover her attorneys’ fees and costs.