W. Va. Code R. § 83-1-11 - Employer's Report of Low Earnings

11.1. In any week in which an employee is partially unemployed, each employing unit is required to deliver to such employee on or before the pay day for the week in which the low earnings occurred, or mail to his last known address if delivery is impossible or impracticable or if requested by a claimant upon the claimant's showing good cause for such request, a report of low earnings on a prescribed form furnished by the West Virginia Division of Employment Security. Such form shall set forth:

(a) The employee's name and social security number,

(b) the employer's name, address and account number,

(c) the week ending date,

(d) the earnings during the week,

(e) any pertinent information regarding claimant's eligibility, and

(f) such other information as required by such form. An employee is to be assumed to be partially unemployed in any week in which, by reason of a reduction in hours worked resulting solely from lack of work, his earnings for the week are less than his weekly benefit amount plus twenty-five dollars ($25.00). Such form shall not be given to any worker in any week during which the worker has earned in excess of his weekly benefit amount plus twenty-five dollars ($25.00).

11.2. Any employing unit may report employees' low earnings on its own form in lieu of the prescribed form: Provided, That such form has received prior approval from the Commissioner.

11.3. Upon request from the Commissioner of a deputy for a report of low earnings concerning any worker, an employing unit shall, within forty-eight (48) hours following the receipt of such request, completely fill out such notice and return it to the address specified in the request.

Notes

W. Va. Code R. § 83-1-11