HR Alert

WV: Certain Deductions from Final Wages Permitted for Unreturned Employer Provided Property

Law Effective May 15, 2018

A new law in West Virginia allows employer deductions from final wages for unreturned employer provided property if certain conditions are met.

Permissible Deductions and Required Agreement
If an employee fails to return certain employer provided property at the time of discharge or resignation (as set forth by the parties under a required written agreement), the employer may withhold, deduct, or divert an employee's final wages to recover the employer provided property of the employer provided property. The amount of the deduction may not exceed the replacement cost of the unreturned employer provided property.

The employee generally must sign a written agreement with the employer contemporaneous with the obtaining of the employer provided property (or have signed and ratified an agreement if property had been provided before May 15, 2018). The written agreement must contain certain information (section: C).

Employer Requirements
The employer generally must:

  • Notify the employee in writing at the time of discharge or resignation as to the replacement cost of the items and make a demand for return of the employer provided property within a certain date, not to exceed 10 business days of the notification.
  • Give the withheld, deducted, or diverted wages to the employee if he or she returns the employer's property, equipment, supplies, and uniforms in a condition suitable for the age and usage of the items within the deadline specified in the bullet point above.

The law is effective on May 15, 2018. Click here for additional rules and exceptions.

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