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Danger, Will Robinson! Wage assignments can lead to big trouble

September 2022 employment law letter
Authors: 
Rodney L. Bean, Steptoe & Johnson PLLC

In the 1960s science fiction television series Lost in Space (and the more recent Netflix reboot), a space-faring family befriends a robot who protects them from various intergalactic perils. The youngest member of the Robinson family, a boy named Will, corners the robot’s attention much of the time due to his penchant for risk-taking. The robot’s oft-uttered warning, “Danger, Will Robinson,” became one of television’s early catchphrases.

If you are contemplating an unusual deduction from an employee’s paycheck, remember the Robinson family’s robot, and heed his famous warning, because one of the easiest ways for a West Virginia employer to run into trouble is by making an improper deduction from employees’ wages.

Understanding the landscape

The West Virginia Wage Payment and Collection Act (WPCA) is a pesky little statute that can cause big problems for employers who are unaware of its restrictions. Its provisions are specific and unforgiving, and employers who violate it can be liable for outsized damages. Although the West Virginia Legislature has made the statute a little more employer-friendly over the last decade, it still poses a compliance challenge for many businesses.

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