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Direct Deposit

Discuss Labor Laws

Direct Deposit

Postby Chattan » Sun Oct 19, 2014 12:51 pm

I live in west virginia and work for a large home center chain. Employees were informed that within a couple of months we would be required to have direct deposit to get paid. Can we be forced to participate?
Chattan
 
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Direct Deposit

Postby Darrie » Tue Oct 21, 2014 1:16 am

In West Virginia the employer may pay by Direct Deposit, however, the employee must agree to it. The employee must choose his own financial institution also.

Your West Virginia Laws are not written in easily understandable english, but here is the exerpt from your law section of the West Virginia Department of Labor.

21-5-3. Payment of wages by employers other than railroads; assignments of wages. Every person, firm or corporation doing business in this state, except railroad companies as provided in section one of this article, shall settle with its employees at least once in every two weeks, unless otherwise provided by special agreement, and pay them the wages due, less authorized deductions and authorized wage assignments, for their work or services in lawful money of the United States, or by the cash order as described and required in the next succeeding section of this article or by any method of depositing immediately available funds in an employee's demand or time account in a bank, credit union or savings and loan institution that may be agreed upon in writing between the employee and such person, firm or corporation, which agreement shall specifically identify the employee, the financial institution, the type of account and the account number: Provided, however, That nothing herein contained shall be construed in a manner to require any person, firm or corporation to pay employees by depositing funds in a financial institution: Provided further, That if, at any time of payment, any employee shall be absent from his regular place of labor and shall not receive his wages through a duly authorized representative, he shall be entitled to such payment at any time thereafter upon demand upon the proper paymaster at the place where such wages are usually paid and where the next pay is due.

Nothing herein contained shall affect the right of an employee to assign part of his claim against his employer except as hereinafter provided.

It specifically says in the above law section that direct deposit must be agreed to in writing between the employee and corporation.

The West Virginia Department of Labor Website is at http://www.wvlabor.org/home.html

You then click in the middle of the page on 21-5 Wage Payment and Collection. You will be able to find the above law and show your Payroll person although I would go to HR because they will be able to talk to the management for you, that is what HR does. Hope this helps.

Shirley
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