West Virginia 2020 Regular Session Status: Enacted 1 R cosponsors

HB 2646 — Providing a safe harbor for employers to correct underpayment or nonpayment of wages and benefits due to separated employees

Last action — Chapter 204, Acts, Regular Session, 2020

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 08, 2020. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 8 sponsors

    1 primary, 7 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

19 added · 39 removed

Plain-language change summary

The amendments to Bill HB 2646 include a change in the bill's title and introduce a new section that provides a "safe harbor" for employers. This means that if employers mistakenly underpay or fail to pay their employees, they are given a specific timeframe to fix the issue without facing penalties, as long as they have not provided proper written notice. This adjustment is significant because it aims to protect both employees and employers, encouraging prompt correction of wage issues while reducing potential legal consequences for employers who may make honest mistakes.

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Latest
HB2646 S JUD AM #1 Graham  4841   The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
HB2646 S JUD AMT #1 3-3 Graham  4841   The Committee on Judiciary moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:
ARTICLE 5.
Eng.
WAGE PAYMENT AND COLLECTION.
House Bill 2646—A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-5-4a, relating to providing a safe harbor for employers to correct underpayment or nonpayment of wages and fringe benefits due to separated employees prior to the filing of a lawsuit;
§ 21-5-4a.
prohibiting an employee from seeking liquidated damages or attorney’s fees when bringing an action for the underpayment or nonpayment of wages and fringe benefits due upon the employee’s separation of employment without first making a written demand to the employer;
Safe Harbor.
requiring the employer to inform the employee in writing of who the authorized representative is and where to send a written demand;
(a) An employee, in bringing an action for the underpayment or nonpayment of wages and fringe benefits due upon the employee’s separation of employment as contemplated by §21-5-4 of this code, is not entitled to seek liquidated damages or attorney’s fees from an employer without first making a written demand, as defined in subsection (c) of this section, to the employer seeking the payment of any alleged underpayment or nonpayment as set forth in this section:
exempting employee from compliance where employer fails to provide written notice;
Provided, That upon separation or with the issuance of the final paycheck, the employer shall notify the employee in writing who the employer’s authorized representative is and where to send a written demand by both e-mail and regular mail:
providing a time limit during which the employer must correct the nonpayment or underpayment;
Provided however, that if the employer fails to provide the required written notice, the employee is not required to comply with the provisions of this section.
permitting an employee to file a written demand with the employer on behalf of a class;
Upon receiving a written demand, the employer has seven calendar days from receipt to correct the alleged underpayment or nonpayment of the wages and fringe benefits due.
and allowing the class action to proceed if only the named employee is paid;
If, after seven days, the employer has not corrected the alleged underpayment or nonpayment, or paid all undisputed amounts due to the employee, the employee may seek liquidated damages and attorney’s fees.
and defining the term “written demand”.
Nothing in this section prohibits the employee from presenting a claim under this article without making a written demand to the employer.
          Adopted Rejected
(b) In a class action lawsuit brought under this article for the underpayment or nonpayment of wages and fringe benefits due upon the employees’ separation of employment, the employee, prior to the filing of the class action, shall submit a written demand stating it is a demand for all other employees similarly situated for the underpayment or nonpayment of their wages and fringe benefits:
Provided, That if only the underpayment or nonpayment of wages and fringe benefits of the named employee is corrected, a class action may proceed for the underpayment or nonpayment of wages and fringe benefits still owed to the other members of the class.
(c) For purposes of this section, a “written demand” means any writing, including e-mail, from or on behalf of an employee stating that the employer has not paid all of the wages or fringe benefits which the employee is owed.
  Adopted Rejected
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Action History

  1. Chapter 204, Acts, Regular Session, 2020

  2. Approved by Governor 3/25/20

  3. To Governor 3/13/20

  4. Approved by Governor 3/25/20 - House Journal

  5. Approved by Governor 3/25/20 - Senate Journal

  6. To Governor 3/13/20 - House Journal

  7. To Governor 3/13/20 - Senate Journal

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. House concurred in Senate amendment and passed bill (Roll No. 622)

  12. House received Senate message

  13. Senate requests House to concur

  14. Passed Senate with amended title (Roll No. 446)

  15. Read 3rd time

  16. On 3rd reading

  17. Committee amendment adopted (Voice vote)

  18. Read 2nd time

  19. On 2nd reading

  20. Read 1st time

  21. Immediate consideration

  22. Reported do pass, with amendment and title amendment

  23. To Judiciary

  24. To Judiciary

  25. Introduced in Senate

  26. Communicated to Senate

  27. Passed House (Roll No. 307)

  28. Read 3rd time

  29. On 3rd reading, Special Calendar

  30. Amendment ruled not germane

  31. Read 2nd time

  32. On 2nd reading, Special Calendar

  33. Read 1st time

  34. On 1st reading, Special Calendar

  35. By substitute, do pass

  36. To House Judiciary

  37. Do pass, but first to Judiciary

  38. To House Industry and Labor

  39. Introduced in House

  40. To Industry and Labor then Judiciary

  41. Filed for introduction

Sponsors

  • Higginbotham · Primary
  • Foster · Cosponsor
  • Wilson · Cosponsor
  • Sypolt · Cosponsor
  • Hardy · Cosponsor
  • Atkinson · Cosponsor
  • Cadle · Cosponsor
  • Jim Butler · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 7 co-sponsors · 144 not signed on · 11 voted No

Sponsors (1)

  • Higginbotham

Co-sponsors (7)

  • Foster
  • Wilson
  • Sypolt
  • Hardy
  • Atkinson
  • Cadle
  • Jim Butler Republican

Not signed on (144)

144 members have not signed on to this bill.

Show all 144 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE-SENATE AMENDED HB

Passed 53 Yea · 45 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 19501
Unaffiliated 343501
Democrat 0500
Total 534502
% of votes cast 53%45%0%2%
How each member voted (100)
Member Party Vote
Fast — Yea
Atkinson — Yea
Foster — Yea
Graves — Yea
Kessinger — Yea
Rowan — Yea
Barnhart — Yea
Hamrick — Yea
Kump — Yea
Shott — Yea
Hanna — Yea
Linville — Yea
Steele — Yea
Bibby — Yea
Hardy — Yea
Little — Yea
Summers — Yea
Hartman — Yea
Mandt — Yea
Sypolt — Yea
Cadle — Yea
Higginbotham — Yea
Waxman — Yea
Capito — Yea
Hill — Yea
Westfall — Yea
Maynard — Yea
Wilson — Yea
Cowles — Yea
Householder — Yea
Nelson — Yea
Pack — Yea
Espinosa — Yea
Phillips — Yea
Angelucci — Nay
Doyle — Nay
Miley — Nay
Storch — Nay
Estep-Burton — Nay
Swartzmiller — Nay
Bates — Nay
Evans — Nay
Paynter — Nay
Thompson, C. — Nay
Boggs — Nay
Fleischauer — Nay
Pethtel — Nay
Thompson, R. — Nay
Brown, N. — Nay
Tomblin — Nay
Brown, S. — Nay
Pyles — Nay
Byrd — Nay
Hicks — Nay
Robinson — Nay
Walker — Nay
Rodighiero — Nay
Canestraro — Nay
Jeffries, J. — Nay
Rowe — Nay
Zukoff — Nay
Caputo — Nay
Lavender-Bowe — Nay
Skaff — Nay
Longstreth — Nay
Sponaugle — Nay
Diserio — Nay
Lovejoy — Nay
Staggers — Nay
Porterfield — Not Voting
Evan Hansen Democrat Nay
John Williams Democrat Nay
Mike Pushkin Democrat Nay
Sean Hornbuckle Democrat Nay
Shawn Fluharty Democrat Nay
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Betsy Kelly Republican Yea
Carl Martin Republican Yea
Christopher W. Toney Republican Nay
D. Rolland Jennings Republican Yea
Dean Jeffries Republican Yea
Evan Worrell Republican Not Voting
Gary G. Howell Republican Yea
George Miller Republican Nay
Jason Barrett Republican Nay
Jeff Campbell Republican Nay
Jim Butler Republican Yea
Joe Ellington Republican Yea
John Paul Hott Republican Yea
Mark Dean Republican Nay
Matthew Rohrbach Republican Yea
Mike Azinger Republican Yea
Pat McGeehan Republican Yea
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
T. Kevan Bartlett Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 28 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 26501
Total 28501
% of votes cast 82%15%0%3%
How each member voted (34)
Member Party Vote
LINDSAY — Nay
SMITH — Yea
BALDWIN — Nay
MANN — Not Voting
STOLLINGS — Yea
BEACH — Nay
MARONEY — Yea
SWOPE — Yea
BLAIR — Yea
MAYNARD — Yea
SYPOLT — Yea
BOLEY — Yea
PALUMBO — Yea
TAKUBO — Yea
PITSENBARGER — Yea
TARR — Yea
CLINE — Yea
PLYMALE — Yea
TRUMP — Yea
FACEMIRE — Yea
PREZIOSO — Yea
UNGER — Yea
HAMILTON — Yea
ROBERTS — Yea
WELD — Yea
HARDESTY — Yea
ROMANO — Nay
WOELFEL — Yea
IHLENFELD — Yea
RUCKER — Yea
MR PRESIDENT — Yea
JEFFRIES — Nay
Charles H. Clements Republican Yea
Mike Azinger Republican Yea

Official roll call →

PASSAGE

Passed 51 Yea · 48 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 19600
Unaffiliated 323701
Democrat 0500
Total 514801
% of votes cast 51%48%0%1%
How each member voted (100)
Member Party Vote
Fast — Yea
Atkinson — Yea
Foster — Yea
Graves — Yea
Kessinger — Yea
Rowan — Yea
Barnhart — Yea
Hamrick — Yea
Linville — Yea
Shott — Yea
Hanna — Yea
Little — Yea
Steele — Yea
Bibby — Yea
Hardy — Yea
Mandt — Yea
Summers — Yea
Higginbotham — Yea
Sypolt — Yea
Cadle — Yea
Hill — Yea
Waxman — Yea
Capito — Yea
Maynard — Yea
Westfall — Yea
Householder — Yea
Nelson — Yea
Wilson — Yea
Pack — Yea
Phillips — Yea
Espinosa — Yea
Porterfield — Yea
Angelucci — Nay
Doyle — Nay
Longstreth — Nay
Skaff — Nay
Estep-Burton — Nay
Lovejoy — Nay
Sponaugle — Nay
Bates — Nay
Evans — Nay
Staggers — Nay
Boggs — Nay
Fleischauer — Nay
Miley — Nay
Storch — Nay
Brown, N. — Nay
Swartzmiller — Nay
Brown, S. — Nay
Paynter — Nay
Thompson, C. — Nay
Byrd — Nay
Hartman — Nay
Pethtel — Nay
Thompson, R. — Nay
Hicks — Nay
Tomblin — Nay
Canestraro — Nay
Pyles — Nay
Caputo — Nay
Jeffries, J. — Nay
Robinson — Nay
Walker — Nay
Kump — Nay
Rodighiero — Nay
Diserio — Nay
Lavender-Bowe — Nay
Rowe — Nay
Zukoff — Nay
Cowles — Not Voting
Evan Hansen Democrat Nay
John Williams Democrat Nay
Mike Pushkin Democrat Nay
Sean Hornbuckle Democrat Nay
Shawn Fluharty Democrat Nay
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Betsy Kelly Republican Yea
Carl Martin Republican Yea
Christopher W. Toney Republican Nay
D. Rolland Jennings Republican Yea
Dean Jeffries Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Nay
Jason Barrett Republican Nay
Jeff Campbell Republican Nay
Jim Butler Republican Yea
Joe Ellington Republican Yea
John Paul Hott Republican Yea
Mark Dean Republican Nay
Matthew Rohrbach Republican Yea
Mike Azinger Republican Yea
Pat McGeehan Republican Nay
Patrick Martin Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
T. Kevan Bartlett Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Subjects

labor
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Frequently asked questions

Who sponsors HB 2646?
HB 2646 is sponsored by Higginbotham, Foster, Wilson, Sypolt, Hardy, Atkinson, Cadle, and Jim Butler (Republican).
What is the current status of HB 2646?
This bill has been enacted into law. Introduced January 08, 2020. Enacted.
Where can I track HB 2646?
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