West Virginia Deductions From Pay laws & compensation compliance analysis

West Virginia Deductions From Pay: What you need to know

West Virginia law permits employers to deduct amounts from employees' wages as required or permitted by law or authorized by the employee (WV Code Sec. 21-5-1et seq.).
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Deductions required by law include federal, state, and local income tax withholding; Federal Insurance Contribution Act (FICA) tax withholding; and court-ordered garnishments or other deductions. There is additional information on garnishments.
Permissible deductions include payments authorized by the employee for:
• Union or club dues
• Pension plans
• Payroll savings plans
• Credit unions
• Charities
• Hospitalization or medical insurance
Failure to return employer-provided property at discharge or resignation. If at the time of discharge or resignation an employee fails to return employer-provided property, the employer may withhold, deduct, or divert an employee’s final wages, in an amount not to exceed the replacement cost to the employer, if:
• The employer-provided property had been provided to the employee in the course of, and for use in, the employer’s business,
• The property has a value of more than $100, and
• The employee had signed a written agreement with the employer contemporaneous with the obtaining of the employer-provided property, or signed and ratified an agreement if property had been provided prior to the effective date of this law, that included an itemization of the employer-provided property, with a specified replacement cost; a clear statement that such items are to be returned immediately upon discharge or resignation; and the employee’s acknowledgement and agreement that should the employee fail to timely return the specified items, the replacement cost of the items may be recovered ...

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