Category Archives: Wage Payment & Collection Law

Do you know what to do when you fire an employee?

State wage payment laws generally provide for the intervals in which employees must be paid, and how and when they must be paid when they leave.  Since the laws vary, and there are often harsh penalties for a violation, it is important for an Employer to know what their own state law demands.

In West Virginia, traditionally one of the harsher jurisdictions for wage payment, there was some good news this year. Employees who are fired must be paid their final paycheck within four business days of the involuntary termination.  This may not sound like a long time, but the law used to mandate 72 hours, with no exception for business days.  If an Employer waits too long, the penalty is 3 times the unpaid wages.  The Employer may be on the hook for an employee’s legal fees as well.

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Does an employer have to pay overtime to employees who work at more than one of the employer’s locations?

Everybody knows that an hourly employee is entitled to 1&1/2 times the regular rate of pay for each hour worked over forty in a week.  But, what about an employee who works more than one job for the same employer?  

For example, say an employee works thirty hours in a week at Job A, and then 20 additional hours at Job B that same week.  Does the employee get paid 10 hours overtime?  What if the jobs pay different hourly rates? How would overtime be calculated then?

The answer can depend on many factors.  If the employee works Job A and Job B for separate, unrelated employers, then neither employer should be responsible for overtime.  But what constitues separate and unrelated can be tricky.  What about an employee who works at two different stores of a retail chain?  Or at a restaurant and office owned by the same company?  What if the employee mows the lawn at the home of his boss on the weekend?

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