W. Va. Code R. § 42-8-13

Current through Register Vol. XLI, No. 35, August 30, 2024

Section 42-8-13 - Employee Claim for Unpaid Wages or Other Violation of the Act; Investigation by the Division

13.1. An employee or former employee who reasonably believes that he or she has been paid in violation of any provision of the Act or this rule, and who wants the Division to investigate his or her claim, may submit a request for assistance to the Division, and provide the Division with the necessary information and documents in support of such claim, including the following:

13.1.1. The claimant shall provide his or her complete contact information, including updates when applicable;

13.1.2. The claimant shall provide the name, address, and telephone number of his or her employer;

13.1.3. The claimant shall provide the amount of wages he or she reasonably believes the employer owes and why, or a statement explaining the employer's alleged violation;

13.1.4. The claimant shall provide a brief description of the work he or she is performing or has performed;

13.1.5. The claimant may provide copies of pay stubs, work schedules, personal calendars, or other documents that support the alleged violation, if the claimant has these in his or her possession;

13.1.6. If applicable to the wage claim or other violation, the claimant shall provide a complete copy of the employer's written policies concerning the terms and conditions of employment, if the claimant has these in his or her possession; and

13.1.7. If applicable to the wage claim or other violation, the claimant shall provide a complete copy of the employer's commissions policy, if the claimant has these in his or her possession.

13.2. The Division shall investigate the merits of the claim or violation and shall make a determination regarding whether the employer has violated any provision of the Act or this rule.

13.3. The Division shall notify the employer and the claimant of the results of its investigation, including the amount of wages owed to the claimant, if any.

13.4. The employer shall be entitled to a status conference upon request to the Division.

13.4.1. At that time, the employer shall have the opportunity to review all records collected by the Division during its investigation with respect to all portions of the investigation that the Division has not resolved in favor of the employer.

13.4.2. Within 20 days of the conclusion of the status conference, an employer may prepare and submit a written statement and/or evidence for consideration by the Division.

13.5. If the employer acknowledges or otherwise admits that the claimant is owed wages, but fails to pay the wages owed to the claimant within a time frame established by the Commissioner, the Commissioner shall issue an order, setting forth findings of fact and conclusions of law regarding the wage claim.

13.5.1. The Division shall serve the employer with a copy of the Commissioner's order, either by certified mail, return receipt requested, or by personal service, and shall be notified of his or her right to appeal the order.

13.5.2. The Division shall provide the claimant with a copy of the Commissioner's order.

13.6. If the employer contests the Division's determination, the employer shall be entitled to an administrative hearing, which shall be held in accordance with W. Va. Code § 29A-5-1et seq., and 42 CSR 20.

13.6.1. Pursuant to the administrative hearing, the Commissioner shall issue an order, setting forth findings of fact and conclusions of law regarding the wage claim.

13.6.2. The Division shall serve the employer with a copy of the order, either by certified mail, return receipt requested, or by personal service, and shall be notified of his or her right to appeal the order.

13.6.3. The Division shall provide the claimant with a copy of the Commissioner's order.

13.6.4. Any person adversely affected by the Commissioner's order may appeal the order to the Intermediate Court of Appeals as provided in W. Va. Code § 51-11-1et seq.

W. Va. Code R. § 42-8-13