W. Va. Code » §21-5-10. Provisions of law may not be waived by agreement.
West Virginia Code

W. Va. Code § 21-5-10 (2026)

Provisions of law may not be waived by agreement

✓ current as of May 2026
Find cases: SyfertCases citing this section WV-LEGwvlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
ARTICLE 5. WAGE PAYMENT AND COLLECTION.

§21-5-10. Provisions of law may not be waived by agreement.

Except as provided in section thirteen, no provision of this article may in any way be contravened or set aside by private agreement, and the acceptance by an employee of a partial payment of wages shall not constitute a release as to the balance of his claim and any release required as a condition of such payment shall be null and void.

Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 1993–2022 · leading case: Citynet, LLC v. Ray Toney, 772 S.E.2d 36 (W. Va. 2015).
Sort: Relevance Newest Treatment
Citynet, LLC v. Ray Toney, 772 S.E.2d 36 (W. Va. 2015). · cites it 28× “W. Va. Code § 21-5-10 (1975) (Repl. Vol. 2013) (emphasis added).”
Britner v. Med. Sec. Card, Inc., 489 S.E.2d 734 (W. Va. 1997). · cites it 16× “The plaintiffs assert on appeal that W. Va.Code § 21-5-10 (1996) precluded the defense of estoppel.”
Meadows v. Wal-Mart Stores, Inc., 530 S.E.2d 676 (W. Va. 2000). · cites it 4× “" Citing W.Va.Code § 21-5-10 (1975). The employees conclude, therefore, that, according to W.”
Medex v. McCabe, 811 A.2d 297 (Md. 2002). · cites it 2× “"); W. Va.Code Ann. § 21-5-10 (2001) ("Provisions of law may not be waived by agreement"); N.”
Gregory v. Forest River, Inc., 369 F. App'x 464 (4th Cir. 2010). · cites it 7× “See W.Va. Code § 21-5-10. 1 The Supreme Court of Appeals of West Virginia has stated that the WPCA “has long confounded attorneys and courts alike.”
Szturm v. Huntington Blizzard Hockey Assocs. Ltd. P'ship, 516 S.E.2d 267 (W. Va. 1999). · cites it 8× “We rejected this argument, citing W. Va.Code § 21-5-10 (1975) 10 and stating that *62 [t]he legislature has attempted to prevent employers from abusing their positions by compromising the wages of employees.”
Rehberg v. Flowers Baking Co. of Jamestown, LLC, 162 F. Supp. 3d 490 (W.D.N.C. 2016). “7; W.Va. Code § 21-5-10)), it clearly provided that a release of claims entered in exchange for less than what an employee is owed is unenforceable.”
Ash v. Ravens Metal Prods., Inc., 437 S.E.2d 254 (W. Va. 1993). “Again, we refer to W.Va.Code, 21-5-10, which not only states that the statutory provisions at issue herein, W.”
Fairmont Tool, Inc. v. Adam J. Davis, Individually & on Behalf of Others Similarly Situated (W. Va. 2021). · cites it 12× “W. Va. Code § 21-5-10 . We examined West Virginia Code § 21-5-10 in Citynet, LLC v.”
Asad Davari v. The West Virginia Univ. Bd. of Governors (W. Va. 2021). · cites it 10× “On appeal, this Court affirmed the ruling based upon the clear language of West Virginia Code § 21-5-10. 37 After concluding that the unpaid raises were “wages,” we reasoned that estoppel is not a defense which can be successfully asserted to bar an action pursuant to W.”
Asad Davari v. The West Virginia Univ. Bd. of Governors (W. Va. 2021). · cites it 10× “On appeal, this Court affirmed the ruling based upon the clear language of West Virginia Code § 21-5-10. 37 After concluding that the unpaid raises were “wages,” we reasoned that estoppel is not a defense which can be successfully asserted to bar an action pursuant to W.”
Carr-Lambert v. Grant Cnty. Bd. of Educ., 837 F. Supp. 2d 594 (N.D.W. Va. 2011). · cites it 2× “W.Va.Code § 21-5-10) states, in relevant part: 0) “The term ‘fringe benefits’ means any benefit provided an employee or group of employees by an employer, or which is required by law, and includes regular vacation, graduated vacation, floating vacation, holidays, sick leave,…”
Show all 14 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.