SB 7 — Relating to claims under Wage Payment and Collection Act

Employees'Employees’ remedies.

(a)(1) No action may be brought pursuant to this article untilfor the personcollection hasof informedaccrued hisand orunpaid herfringe employerbenefits inuntil writingthe andemployee, byor certifieda mail,representative returnof receipt requested, to the employer’semployee, registeredhas agentnotified identifiedhis byor theher employer at the office of the Westalleged Virginiaviolation Secretaryand ofthe Statefactual or,basis iffor notthe registeredviolation, withincluding thea Westgood Virginiafaith Secretaryestimate of State, then to the employer’samount principal place of business, of the allegedclaim, violationin writing and theby factualcertified basismail, forreturn thereceipt violationrequested, andto provide the employeremployer’s twentyregistered daysagent fromidentified receipt by the agentemployer or at the principaloffice place of businessthe referencedWest aboveVirginia ofSecretary the notice of violationState toor, makeif anot cureregistered offer,with which shall be provided to the person’sWest counselVirginia or,Secretary ifof unrepresented,State, then to the personemployer’s byprincipal certifiedplace mail,of returnbusiness. receipt requested:

Provided,(2) ThatThe theemployer personshall hashave ten10 days from receipt of the curenotice offerof the alleged violation by its agent or at its principal place of business to acceptmake thea cure offeroffer, orwhich itshall isbe deemedprovided refusedto andthe withdrawn.employee’s counsel or, if unrepresented, to the employee by certified mail, return receipt requested.

(2)(3) IfThe aemployee curehas offer10 isdays accepted,from thereceipt employerof collectorthe hascure twentyoffer days to remitaccept the wagescure asoffer specifiedor init theis curedeemed offer.refused and withdrawn.

(3)If Anya applicablecure statuteoffer of limitations is tolledaccepted, forunless theotherwise twenty-dayagreed periodto setby forththe inparties, subdivisionthe (1)employer ofhas thisseven subsectiondays orto forremit thepayment periodas thespecified effectuationin of the cure offeroffer. is being performed, whichever is longer.

(4) Nothing in this section prevents aan personemployee that has accepted a cure offer from bringing aan civil action under this article against an employer for failing to timely effect the cure offer.

(5) TheAny writtenapplicable statute of limitations is tolled for a 20-day period beginning the day the employer or its agent receives the notice requiredof underthe subdivisionalleged (1)violation under §21-5-12(a)(1) of this subsectioncode, isor afor jurisdictionalthe prerequisiteperiod tothe anyeffectuation actionof broughtthe undercure thisoffer article.is being performed, whichever is longer.

(a)(6) AnyThe (b)written Subjectnotice torequired theunder requirements§21-5-12(a)(1) of subsection (a) of this section,code anyis persona whosejurisdictional wagesprerequisite haveto notany beenaction paidbrought inunder accord with this article,article orfor theclaims commissioneraccruing oron his or herafter designated representative, upon the requesteffective date of such person, may bring any legal action necessary to collect a claim under this article.subsection.

The written notice required under §21-5-12(a)(1) of this code shall not apply to claims exclusively for unpaid wages.

(7) The employer shall notify its employees that the written notice requirement under §21-5-12(a)(1) of this code is a jurisdictional prerequisite to any action brought under this article for the collection of accrued and unpaid fringe benefits.  Notice required under this subdivision shall be made by the employer to the employee either in writing or by posting notice in an employee common area.  The commissioner shall publish guidance and make rules to the extent necessary to effectuate the purpose of this subdivision.

(a) (b) Any person whose wages or, subject to the requirements of §21-5-12(a) of this code of this section, fringe benefits have not been paid in accord with this article, or the commissioner or his or her designated representative, upon the request of such person, may bring any legal action necessary to collect a claim under this article.

(b) (c) The court in any action brought under this article may, in the event that any judgment is awarded to the plaintiff or plaintiffs, assess costs of the action, including reasonable attorney fees against the defendant.defendant:

SuchProvided, attorneyThat feesthe inplaintiff theshall casenot ofbe actionsawarded broughtliquidated underdamages thisor sectioncosts byand theattorneys’ commissionerfees shallif bethe remittedplaintiff byrejected the commissioneremployer’s cure offer and judgment is awarded to the Treasurerplaintiff in an amount not more than 105 percent of the state.amount offered in the employer’s cure offer.

Such attorney fees in the case of actions brought under this section by the commissioner shall be remitted by the commissioner to the Treasurer.

The commissioner shall have power to may join various claimants in one claim or lien, and in case of suit to join them in one cause of action.

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This purpose of this bill is to require an employee to provide written notice to his or her employer of any alleged nonpayment of wages.

The bill provides the employer with an opportunity to cure the alleged violation.

The bill provides a tolling of the statute of limitations.

The bill provides judicial remedies.

The bill makes the written notice a jurisdictional requirement.

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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