§21-5-9. Notification, posting and records.
Every person, firm and corporation shall:
(1) Notify his employees in writing, at the time of hiring of the rate of pay, and of the day, hour, and place of payment.
(2) Notify his employees in writing, or through a posted notice maintained in a place accessible to his employees of any changes in the arrangements specified above prior to the time of such changes.
(3) Make available to his employees in writing or through a posted notice maintained in a place accessible to his employees, employment practices and policies with regard to vacation pay, sick leave, and comparable matters.
(4) Furnish each employee with an itemized statement of deductions made from his wages for each pay period such deductions are made.
(5) Keep posted in a place accessible to his employees an abstract of this article furnished by the commissioner, and
(6) Make such records of the persons employed by him including wage and hour records, preserve such records for such periods of time, and make such reports therefrom to the commissioner, as the commissioner shall prescribe by regulation as necessary or appropriate for the enforcement of the provisions of this article.
Notes of Decisions
Meadows v. Wal-Mart Stores, Inc., 530 S.E.2d 676 (W. Va. 2000).
· cites it 4× “[9] It is important to note that terms of employment are required by W.Va.Code § 21-5-9(3) (1975) to be made available to employees in writing.”
Love v. Georgia-Pac. Corp., 550 S.E.2d 51 (W. Va. 2001).
· cites it 4× “[9] Appellant is the child of an African-American father and a Caucasian mother. [10] The poster, which is required to be posted in a prominent place, states the requirements for compliance with the Wage Payment and Collection Act.”
Robertson v. Opequon Motors, Inc., 519 S.E.2d 843 (W. Va. 1999).
· cites it 4× “” W. Va.Code § 21-5-9 (1975). 9 Both sides presented evidence to the jury describing the way the dealership calculated commissions, and the jury found that the above-mentioned practices violated the Act.”
Shaffer v. FT. Henry Surgical Assocs., Inc., 599 S.E.2d 876 (W. Va. 2004).
· cites it 2× “Code § 21-5-9(1) and (2) [1975] of the Act. 5 Respondent also claims he was entitled to receive production incentive bonuses for specific periods of his employment; an increase in salary which was to have become effective upon a date certain; additional compensation based upon…”
Mary Zerfoss v. Hinkle Trucking, Inc, No. 19-1126 (W. Va. Apr. 26, 2022).
· cites it 17× “30, 2012) (“The plain language of the WPCA and accompanying regulations place administration and enforcement of W. Va. Code § 21-5-9 squarely within the purview of the Commissioner.”
Wayne White v. City of Parkersburg, No. 24-82 (W. Va. May 27, 2026).
· cites it 11× “Because this appeal presents no substantial 1 See W. Va. Code §§ 21-5-9 (1) – (3). 2 Petitioners are represented by counsel Walt Auvil and Kirk Auvil.”
Parsons v. Kroger Ltd. P'ship I, No. 2:20-cv-00392 (S.D. W. Va. Mar. 31, 2021).
· cites it 10× “She alleges that Kroger breached its obligation under the West Virginia Wage Payment and Collection Act (“WPCA”) “to notify Plaintiff in writing regarding her rate of pay and to notify the Plaintiff in writing of any change to the Plaintiff’s rate of pay at least one full pay…”
City of Parkersburg v. Wayne White, No. 22-ica-142 (Dec. 27, 2023).
· cites it 2× “6 6 West Virginia Code § 21-5-9 (1975) requires an employer to notify an employee of the rate of pay and any changes to that rate: 6 The respondents argue, and the circuit court agreed, that this change in 2017 was in violation of nine years of pay practices which created a…”
W. Va. Code § 21-5-9(1): 3 cases
Shaffer v. FT. Henry Surgical Assocs., Inc., 599 S.E.2d 876 (W. Va. 2004).
“Code § 21-5-9(1) and (2) [1975] of the Act. 5 Respondent also claims he was entitled to receive production incentive bonuses for specific periods of his employment; an increase in salary which was to have become effective upon a date certain; additional compensation based upon…”
Mary Zerfoss v. Hinkle Trucking, Inc, No. 19-1126 (W. Va. Apr. 26, 2022).
“30, 2012) (“The plain language of the WPCA and accompanying regulations place administration and enforcement of W. Va. Code § 21-5-9 squarely within the purview of the Commissioner.”
Wayne White v. City of Parkersburg, No. 24-82 (W. Va. May 27, 2026).
“Because this appeal presents no substantial 1 See W. Va. Code §§ 21-5-9 (1) – (3). 2 Petitioners are represented by counsel Walt Auvil and Kirk Auvil.”
W. Va. Code § 21-5-9(3): 1 case
Meadows v. Wal-Mart Stores, Inc., 530 S.E.2d 676 (W. Va. 2000).
“[9] It is important to note that terms of employment are required by W.Va.Code § 21-5-9(3) (1975) to be made available to employees in writing.”
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