Bill Text: WV HB2003 | 2014 | Regular Session | Introduced
Bill Title: Providing an employee the right to decline to work more than forty hours in a workweek
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-09 - To House Industry and Labor [HB2003 Detail]
Download: West_Virginia-2014-HB2003-Introduced.html
(By Delegate Caputo)
[Introduced February 13, 2013; referred to the
Committee on Energy, Industry and Labor, Economic Development and Small Business.]
A BILL to amend and reenact §21-5C-3 of the Code of West Virginia, 1931, as amended, relating to maximum hours of work; and providing that an employee has the right to decline to work more than forty hours in any one workweek.
Be it enacted by the Legislature of West Virginia:
That §21-5C-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5C. MINIMUM WAGE AND MAXIMUM HOURS STANDARDS FOR EMPLOYEES.
§21-5C-3. Maximum hours; overtime compensation.
(a)
(b) As used in this section the "regular rate" at which an employee is employed
(1) Sums paid as gifts; payments in the nature of gifts made at Christmas time or on other special occasions, as a reward for service, the amounts of which are not measured by or dependent on hours worked, production or efficiency;
(2) Payments made for occasional periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause; reasonable payments for traveling expenses, or other expenses, incurred by an employee in the furtherance of his or her employer's interests and properly reimbursable by the employer, and other similar payments to an employee which are not made as compensation for his or her hours of employment;
(3) Sums paid in recognition of services performed during a given period if either:
(4) Contributions irrevocably made by an employer to a trustee or third person pursuant to a bona fide plan for providing old-age, retirement, life, accident, or health insurance or similar benefits for employees;
(5) Extra compensation provided by a premium rate paid for certain hours worked by the employee in any day or workweek because such hours are hours worked in excess of eight in a day or in excess of the maximum workweek applicable to
(6) Extra compensation provided by a premium rate paid for work by the employee on Saturdays, Sundays, holidays or regular days of rest, or on the sixth or seventh day of the workweek, where
(7) Extra compensation provided by a premium rate paid to the employee, in pursuance of an applicable employment contract or collective bargaining agreement, for work outside of the hours established in good faith by the contract or agreement as the basic, normal or regular workweek where
(c)
(d)
(1) In the case of an employee employed at piece rates, is computed at piece rates not less than one and one-half times the bona fide piece rates applicable to the same work when performed during nonovertime hours;
(2) In the case of an employee performing two or more kinds of work for which different hourly or piece rates have been established, is computed at rates not less than one and one-half times
(3) Is computed at a rate not less than one and one-half times the rate established by
(e) Extra compensation paid as described in subdivisions (5), (6) and (7) of subsection (b) of this section shall be creditable toward overtime compensation payable pursuant to this section.
(f)(1) Employees of county and municipal governments may receive, in accordance with this subsection and in lieu of overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime is required pursuant to this section.
(2) County and municipal governments may provide compensatory time under subdivision (1) of this subsection, only pursuant to a written agreement arrived at between the employer and employee before the performance of the work, and recorded in the employer's record of hours worked, and if the employee has not accrued compensatory time in excess of the limit prescribed in subdivision (3) of this subsection. Any written agreement may be modified at the request of either the employer or the employee, but under no circumstances
(3) An employee may accrue up to four hundred eighty hours of compensatory time if the employee's work is a public safety activity, an emergency response activity or a seasonal activity. An employee engaged in other work for a county or municipal government may accrue up to two hundred forty hours of compensatory time. Any such employee who has accrued four hundred eighty or two hundred forty hours of compensatory time, as the case may be, shall for additional overtime hours of work, be paid overtime compensation. If compensation is paid to an employee for accrued compensatory time off, such compensation shall be paid at the regular rate earned by the employee at the time the employee receives such payment.
(4) An employee who has accrued compensatory time off authorized to be provided under subdivision (1) of this subsection shall, upon termination of employment, be paid for the unused compensatory time at a rate of compensation not less than:
(A) The average regular rate received by such employee during the last three years of the employee's employment; or
(B) The final regular rate received by
(5) An employee of a county or municipal government:
(A) Who has accrued compensatory time off authorized to be provided under subdivision (1) of this subsection; and
(B) Who has requested the use of
(6) For purposes of this subsection the terms "compensatory time" and "compensatory time off" mean hours during which an employee is not working, which are not counted as hours worked during the applicable workweek or other work period for purposes of overtime compensation, and for which the employee is compensated at the employee's regular rate.
NOTE: The purpose of this bill is to provide that an employee has the right to decline to work more than forty hours in a workweek.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.