West Virginia Code § 21-5-12

Employees' remedies
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(a) Any person whose wages have not been paid in accord with this article, or the
commissioner or his designated representative, upon the request of such person, may bring
any legal action necessary to collect a claim under this article. With the consent of the
employee, the commissioner shall have the power to settle and adjust any claim to the same
extent as might the employee. e
(b) The court in any action brought under this article may, in the event that any judgment is
awarded to the plaintiff or plaintiffs, assess costs of the action, including reasonable attorney
fees against the defendant. Such attorney fees in the case of actiuons brought under this
section by the commissioner shall be remitted by the commissioner to the treasurer of the
state. The commissioner shall not be required to pay the filintg fee or other costs or fees of
any nature or to file bond or other security of any nature in connection with such action or
with proceedings supplementary thereto, or as a condition precedent to the availability to
the commissioner of any process in aid of such action or proceedings. The commissioner
shall have power to join various claimants in one claim or lien, and in case of suit to join
them in one cause of action. s

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