Current through Register Vol. XLI, No. 25, June 21, 2024
Section 42-5-10 - Employee Claim for Unpaid Wages or Other Violation of the Act; Investigation by the Division10.1. An employee or former employee who reasonably believes that he or she is owed unpaid wages or that his or her employer has violated any provision of the Act or this rule, and who wants the Division to investigate his or her claim, shall submit a request for assistance ("RFA") to the Director, and provide the information and documents in support of the claim, including the following: 10.1.a. The claimant's complete contact information, including updates when applicable;10.1.b. The name, address and telephone number of the claimant's employer;10.1.c. The amount of wages the claimant reasonably believes is owed by the employer and why, or a statement explaining the employer's violation;10.1.d. A brief description of the work the claimant is performing or has performed;10.1.e. Copies of pay stubs, work schedules, personal calendars, or other documents that support the wage claim or other violation, if the claimant has them in his or her possession;10.1.f. If applicable to the wage claim or other violation, a complete copy of the employer's written policies concerning the terms and conditions of employment, if the claimant has them in his or her possession; and10.1.g. If applicable to the wage claim or other violation, a complete copy of the employer's commissions policy, if the claimant has them in his or her possession.10.2. The Division shall investigate the merits of the claim and shall make a determination about whether the employer has violated any provision of the Act or this rule.10.3. The Director shall notify the employer and the claimant of the results of the investigation, including the amount of wages owed to the claimant, if any.10.4. The employer and the claimant shall be entitled to a status conference upon request to the Director. 10.4.a. At that time, the employer and the claimant shall have the opportunity to review all records collected by the Division during its investigation relating to the wage claim with respect to all portions of the investigation that the Division has not resolved in favor of the employer.10.4.b. Within twenty (20) days of the conclusion of the status conference, an employer or the claimant may prepare and submit a written statement and/or evidence for consideration by the Director.10.5. If the employer acknowledges or otherwise admits that the claimant is owed wages, but fails to pay the wages owed to the claimant within a time frame specified in the written demand of the Commissioner, the Commissioner shall issue an order, setting forth findings of fact and conclusions of law regarding the wage claim. 10.5.a. The Director shall serve the employer with a copy of the Commissioner's order, either by certified mail, return receipt requested or by personal service, and shall notify the employer of his or her right to appeal the order.10.5.b. The Director shall provide the claimant with a copy of the Commissioner's order.10.6. If the employer contests the Director's determination, the employer is entitled to an administrative hearing, which shall be held in accordance with W. Va. Code §§ 21-5-11, 29A-5-1et seq. and 42 CSR 20. 10.6.a. Pursuant to the administrative hearing, the Commissioner shall issue an order, setting forth findings of fact and conclusions of law regarding the wage claim.10.6.b. The Director shall serve the employer with a copy of the order, either by certified mail, return receipt requested or by personal service, and shall notify the employer of his or her right to appeal the order.10.6.c. The Director shall provide the claimant with a copy of the Commissioner's order.