Current through Register Vol. XLI, No. 24, June 14, 2024
Section 42-5-9 - Assignment Of Wages; Wage Garnishment Order9.1. An employer shall have a written assignment of wages that conforms to the requirements set forth in W. Va. Code § 21-5-3(e) on the form approved by the Commissioner prior to making any deductions, other than authorized statutory deductions, from an employee's wages.9.2. For employees other than state employees, three-fourths or 75% of an employee's net wages shall at all times be exempt from assignment.9.3. If a state employee has been overpaid his or her wages, the employee may voluntarily enter into a written wage assignment to repay the overpayment. One-fourth or 25% of a state employee's net wages shall at all times be exempt from assignment.9.4. If an employer is served with a wage garnishment order payable from an employee's wages, and if the garnished amount exceeds 25% of the non-state employee's net wages, or if the garnished amount exceeds 75% of the state employee's net wages, the employer shall not enter into an assignment of wages with the employee while the garnishment order is in effect, and shall immediately terminate any on-going or active assignment of wages.9.5. Authorized deductions for amounts required or allowed by law to be withheld, such as union or club dues, pension plans, payroll savings plans, credit unions, charities, or a hospitalization or medical insurance plan, are not required to be in any prescribed form.9.6. If an employer deducts an authorized amount from an employee's wages pursuant to a valid assignment of wages, a valid written authorization or a valid wage garnishment order, but fails to pay that amount to the designated creditor or authorized plan, the deduction is an illegal deduction from the employee's wages.