Current through Register Vol. XLI, No. 19, May 10, 2024
Section 42-5-3 - Definitions3.1. The "Act" or "the law," for purposes of this rule, means the Wage Payment and Collection Act, W. Va. Code § 21-5-1et seq.3.2. "Assignment of wages" or "wage assignment" means a voluntary written document that complies with the requirements set forth in W. Va. Code § 21-5-3(e) authorizing the transfer of a portion of an employee's net wages to another.3.3. "Break" when authorized by an employer, means a rest period of short duration, up to 20 minutes, that must be counted as hours worked.3.4. "Claimant" means an employee or former employee who submits a request for assistance to the Division, alleging that he or she is owed unpaid wages, or alleging any other violation of the Act or this rule.3.5. "Days" means calendar days, unless otherwise stated.3.6. "Director" means the director of the Wage and Hour Section, or his or her designee.3.7. "Division" means the West Virginia Division of Labor.3.8. "Earned wages" means wages that are owed to an employee for all hours worked.3.9. "Employ" means to hire, permit, or suffer to work. 3.10. "Final order" or "Commissioner's final order" means an order issued by the Commissioner which the employer either does not appeal pursuant to W. Va. Code § 29A-5-4, or which has been upheld after the employer has exhausted his or her appeal rights pursuant to W. Va. Code §§ 29A-5-4 and 29A-6-1.3.11. "Garnishment order" or "wage garnishment order" refers to a legal procedure in which an employee's wages are required by court order to be withheld by an employer for the payment of a debt.3.12. "Hours worked" means the time an employee is under the control and direction of his or her employer, and includes the compensable time provisions of § 42-8-11.3.13. "Illegal deduction" means a deduction made by an employer from an employee's wages without a valid assignment of wages, without complying with the provisions of W. Va. Code § 21-5-4(f) concerning employer provided property, without a valid wage garnishment order, or without an employee's written authorization for union or club dues, pension plans, a payroll savings plan, charitable contributions, insurance, a hospitalization plan, or plans of a similar kind.3.14. "Net wages" means an employee's wages after deductions are taken out from an employee's gross wages.3.15. "Pay period" means the scheduled number of days for which an employee is paid, which may or may not coincide with the day an employee is paid.3.16. "Request for Assistance" or "RFA" means a form provided by the Division and submitted by a claimant alleging that he or she is owed unpaid wages or alleging any other violation of the Act or this rule.3.17. "Status conference" means an employer's informal meeting with the Division regarding the status of the Division's investigation into an alleged violation of the Act or this rule.3.18. "Wages," for state employees, includes the incremental salary increases pursuant to W. Va. Code § 5-5-2.3.19. "Work week" means a regular recurring period of 168 hours made up of 7 consecutive 24 hour periods.