HB 4368 — Relating to voluntary assignments of wages by state employees who have been overpaid

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Red = new code to be enacted WEST virginia legislature regular session ENROLLED Committee Substitute for House Bill 4368 By Delegates Westfall, Frich and Lane [Passed[Reported Marchdown 7,February 16, 2018;

inReferred effectto ninetythe daysCommittee fromon passage.]Industry  ANand ACTLabor then the Judiciary.] A BILL to amend and reenact §21-5-3 of the Code of West Virginia, 1931, as amended, relating to voluntary assignments of wages by state employees who have been overpaid;

andclarifying providingexemption thatfrom statewages; employees may voluntarily authorize an assignment or order of future wages to repay an overpayment, not to exceed a certain amount.

and requiring written acknowledgement and waiver as part of a voluntary authorization or order.

 §21-5-3.§21-5-3.

(2) By cash order as described and required inin§21-5-4 §21-5-4 of this code;

(c) If, at any time of payment, any employee shall be is absent from his or her regular place of labor and shall does not receive his or her wages through a duly authorized representative, he or she shall be is entitled to payment at any time thereafter upon demand upon the proper paymaster at the place where his or her wages are usually paid and where the next pay is due.

(d) Nothing herein contained shall may affect the right of an employee to assign part of his or her claim against his or her employer except as in subsection (e) of this section.

(e) No assignment of or order for future wages shall may be valid for a period exceeding one year from the date of the assignment or order.

An assignment or order shall be acknowledged by the party making the same before a notary public or other officer authorized to take acknowledgments, and any order or assignment shall specify thereon the total amount due and collectible by virtue of the samesame. and, unless otherwise provided for in subsection (f) of this section, three-fourths of the periodical earnings or wages of the assignor are all times exempt from such assignment or order and no assignment or order is valid which does not so state upon its face:

Provided,Unless That§21-5-3(f) noof suchthis ordercode oris assignmentapplicable, isand validthree-fourths unlessof the writtenperiodical acceptanceearnings ofor thewages employer of the assignor toshall theare makingall thereoftimes be exempt from such assignment or order and no assignment or order shall be is endorsedvalid thereon:which does not so state upon its face:

Provided, however, That nothingno hereinsuch containedorder mayor assignment shall be construedis asvalid affectingunless the rightwritten acceptance of the employer andof employeesthe toassignor agree between themselves as to deductionsthe tomaking bethereof madeis fromendorsed thethereon: payroll of employees.

(f)Provided, Ifhowever, anThat employeenothing ofherein thecontained stateshall hasmay beenbe overpaidconstrued wages,as includingaffecting incrementalthe salaryright increases pursuant to §5-5-2 of thisemployer code,and anemployees employeeto mayagree voluntarilybetween authorizethemselves aas writtento assignmentdeductions or order for future wages to thebe statemade tofrom repay the overpaymentpayroll in an amount not to exceed three-fourths of hisemployees. or her periodical earnings or wages.

 (f)  If  an Billemployee Status  | of Billthe Tracking  | state Legacyhas WVbeen Code  | overpaid Bulletinwages, Board  | including Districtincremental Maps  | salary Senateincreases Roster  | pursuant Houseto Roster  | §5-5-2 Live  | of Blog  | this Jobs  | code, Links  | an Homeemployee Thismay Webauthorize sitean isassignment maintainedor byorder for future wages to repay the Westoverpayment Virginiain Legislature'san Officeamount not to exceed three-fourths of Referencehis &or Information.her periodical earnings or wages:

Provided, That an employee’s authorization is voluntary, and the written authorization contains an express acknowledgement and waiver by the employee of the right to exempt three-fourths of the periodical earnings or wages from the assignment or order.

  NOTE:

The purpose of this bill is to allow a state employee to voluntarily deduct an amount greater than 25 percent of their wages in order to repay an overpayment.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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