Current through Register Vol. XLI, No. 49, December 6, 2024
Section 42-5-8 - Petition For Special Agreement Concerning Payday Schedule or Frequency8.1. An employer who wishes to establish regular paydays other than at least twice every month with no more than 19 days between paydays, as required by W. Va. Code § 21-5-3, shall submit a written petition to the Commissioner, setting forth the reasons for the request and the proposed alternative payday schedule or plan.8.2. An employer shall include postage paid envelopes addressed to each employee who would be affected by the proposed alternative payday schedule or plan with the petition.8.3. The Commissioner shall notify all employees identified by the employer and provide each employee with an opportunity to respond to the petition.8.4. The Commissioner may hold a hearing on the petition for the proposed alternative payday schedule. 8.4.a. The Commissioner shall give at least 20 days written notice of the time and place of the hearing to all employees who would be affected by the proposed alternative payday schedule or plan.8.4.b. Employees shall have the opportunity to submit written comments in lieu of attending the hearing.8.5. Following the submission of the petition, the responses of the affected employees, and the holding of the hearing, if any, the Commissioner shall issue a written decision to the employer, either approving, suggesting modifications to, or denying the proposed alternative schedule or plan.8.6. The Commissioner may modify the terms of the requested relief and may also later revoke the approved payday schedule or plan if it interferes with the enforcement of the Act or this rule.8.7. An employer shall comply with the Act and this rule during the Commissioner's consideration of the petition, and the submission of a petition or the Commissioner's delay in acting upon the petition does not relieve an employer from any obligations to comply with the payday requirements set forth in W. Va. Code § 21-5-3 and this rule.