West Virginia CHAPTER 21. — LABOR
- CHAPTER 21. — LABOR.
- ARTICLE 1. — DIVISION OF LABOR.
- §21-1-1. — Creation, control and management of department.
- §21-1-2. — Appointment of Commissioner of Labor; qualifications; term of office; salary.
- §21-1-3. — Inspections by commissioner; duties and records of employers; commissioner may appoint assistants.
- §21-1-4. — Annual report to governor; collection of statistical information.
- §21-1-5. — Continuation of division.
- ARTICLE 1A. — LABOR-MANAGEMENT RELATIONS ACT FOR THE PRIVATE SECTOR.
- §21-1A-1. — Public policy and purposes of article; mediation; investigation and mediation by commissioner of certain labor disputes; arbitration; construction of article.
- §21-1A-2. — Definitions; determination of agency.
- §21-1A-3. — Rights of employees.
- §21-1A-4. — Unfair labor practices.
- §21-1A-5. — Representatives and elections.
- §21-1A-6. — Prevention of unfair labor practices.
- §21-1A-7. — Suits by or against labor organizations.
- §21-1A-8. — Severability.
- ARTICLE 1B. — VERIFYING LEGAL EMPLOYMENT STATUS OF WORKERS.
- §21-1B-1. — Findings; policy.
- §21-1B-2. — Definitions.
- §21-1B-3. — Unauthorized workers; employment prohibited.
- §21-1B-4. — Record-keeping requirements; employer compliance.
- §21-1B-5. — Penalties.
- ARTICLE 1C. — WEST VIRGINIA JOBS ACT.
- §21-1C-1. — Short title.
- §21-1C-2. — Definitions.
- §21-1C-3. — Legislative findings; statement of policy.
- §21-1C-4. — Local labor market utilization on public improvement construction projects; waiver certificates.
- §21-1C-5. — Applicability and scope of article; reporting requirements.
- §21-1C-6. — Penalties for violation of article.
- §21-1C-7. — Repealed.
- ARTICLE 2. — EMPLOYMENT AGENCIES.
- §21-2-1. — Purpose of agency; no fees charged.
- §21-2-2. — Cooperation from federal government.
- §21-2-3. — Duty and authority of commissioner.
- §21-2-4."Employment agent" defined. —
- §21-2-5. — Rules and regulations prescribed by commissioner of labor.
- §21-2-6. — False statements or withholding of information prohibited.
- §21-2-7. — License required; displaying license; annual tax.
- §21-2-8. — Licenses issuable only to citizens of United States.
- §21-2-9. — Refusal to issue license.
- §21-2-10. — Revocation of license.
- §21-2-11. — Records to be kept; reports to commissioner of labor.
- §21-2-12. — Commissioner of labor may enter offices and examine records.
- §21-2-13. — No employment in violation of child labor or compulsory school attendance laws.
- §21-2-14. — Offenses; penalties; jurisdiction.
- §21-2-15. — Employers exempt from provisions of article.
- ARTICLE 3. — SAFETY AND WELFARE OF EMPLOYEES.
- §21-3-1. — Employers to safeguard life, etc., of employees; reports and investigations of accidents; orders of commissioner.
- §21-3-2. — Guarding machinery and dangerous places; standards for construction of scaffolding, hoists and temporary floors; first aid equipment.
- §21-3-3. — Guarding shafts, hatchways, wheel holes, elevators and electrical apparatus; requiring correction of unsafe conditions.
- §21-3-3a. — National Electrical Code minimum standards.
- §21-3-4. — Removal of safeguards.
- §21-3-5. — Control of machinery.
- §21-3-6. — Stairways, passageways and lights; overloading floors or walls; space between machines.
- §21-3-7. — Regulation of operation of steam boilers.
- §21-3-8. — Smoking where prohibited by sign.
- §21-3-9. — Fire escapes.
- §21-3-10. — Food or meals in factories.
- §21-3-10a. — Meal breaks.
- §21-3-11. — Seats for female employees.
- §21-3-12. — Water closets.
- §21-3-13. — Washing facilities and dressing rooms.
- §21-3-14. — Power of commissioner as to witnesses; prosecution of offenses; penalties; jurisdiction; exemption of coal mining operations; recovery of civil penalties.
- §21-3-15. — Records and reports of commissioner, inspectors and chief clerk.
- §21-3-16. — Inclosure of streetcar platforms.
- §21-3-17. — Employers not to require payment of fees for medical examination as condition of employment; enforcement.
- §21-3-18. — Hazardous chemical substances; notice to employees; reports to commissioner; penalties.
- §21-3-19. — Discrimination for use of tobacco products prohibited.
- §21-3-20. — Use of video and other electronic surveillance devices by employers prohibited.
- §21-3-21. — Special Revenue Fund for the Division of Labor; authorized deposits; disbursements; purpose.
- ARTICLE 3A. — OCCUPATIONAL SAFETY AND HEALTH ACT.
- §21-3A-1. — Short title.
- §21-3A-1a. — Legislative policy.
- §21-3A-2. — Definitions.
- §21-3A-3. — Division of occupational safety and health; coordination of activities with workers' compensation commission.
- §21-3A-4. — Application of article.
- §21-3A-5. — Duties of employer and employee.
- §21-3A-6. — Rules.
- §21-3A-7. — Adoption of federal and state standards; variances.
- §21-3A-8. — Inspections and investigations; records.
- §21-3A-9. — Citation for violation.
- §21-3A-10. — Occupational safety and health review commission.
- §21-3A-11. — Notice to employer of contest period; action by commissioner; action by review commission.
- §21-3A-12. — Appeal from review commission.
- §21-3A-13. — Discrimination against employee filing complaint.
- §21-3A-14. — Enjoining of conditions or practices at places of employment; mandamus against commissioner for failure to act.
- §21-3A-15. — Research and demonstration projects.
- §21-3A-16. — Education program.
- §21-3A-17. — Reports to United States secretary of labor.
- §21-3A-18. — Occupational safety and health advisory board created; qualifications of members; members appointed by governor; term; filling of vacancies; payment of expenses.
- §21-3A-19. — Optional coverage by subdivisions.
- ARTICLE 3B. — EMPLOYER ASSISTANCE FOR ENVIRONMENTAL PROTECTION.
- §21-3B-1. — Title and purpose.
- §21-3B-2. — Duties and responsibilities of division of labor and the commissioner of labor.
- §21-3B-3. — Environmental assistance resource board.
- §21-3B-4. — Procedures.
- ARTICLE 3C. — ELEVATOR SAFETY.
- §21-3C-1. — Definitions.
- §21-3C-2. — Inspectors; application; examination; certificates of competency; reexamination.
- §21-3C-3. — Suspension or revocation of certificates.
- §21-3C-4. — Registration of elevators; notification to counties and municipalities.
- §21-3C-5. — Powers and duties of counties and municipalities; annual inspections required; acceptance inspection.
- §21-3C-6. — Report of inspection; hearing on construction plans and specifications; findings and orders of division.
- §21-3C-7. — Safety equipment.
- §21-3C-8. — Certificate of operation; renewal.
- §21-3C-9. — Permits for removal or repairs.
- §21-3C-10. — Enforcement; notice of defective machinery.
- §21-3C-11. — Disposition of fees; legislative rules.
- §21-3C-12. — Penalties.
- §21-3C-13. — Mining and industrial elevators and general public elevators exempt.
- ARTICLE 3D. — CRANE OPERATOR CERTIFICATION ACT.
- §21-3D-1. — Definitions.
- §21-3D-2. — Certification required; exemptions.
- §21-3D-3. — Powers and duties of commissioner.
- §21-3D-4. — Minimum certification requirements.
- §21-3D-5. — Denial, suspension, revocation, or reinstatement of certification.
- §21-3D-6. — Effect of accident.
- §21-3D-7. — Penalties.
- §21-3D-8. — Crane operator certification fund; fees; disposition of funds.
- §21-3D-9. — Reciprocity.
- ARTICLE 4. — HOURS OF LABOR.
- §21-4-1. — Hours of labor for telephone and telegraph operators on railroads.
- §21-4-2. — Hours of labor on state public works.
- ARTICLE 5. — WAGE PAYMENT AND COLLECTION.
- §21-5-1. — Definitions.
- §21-5-2. — Semimonthly payment of wages by railroads.
- §21-5-3. — Payment of wages by employers other than railroads; assignments of wages.
- §21-5-4. — Cash orders; employees separated from payroll before paydays.
- §21-5-5. — Coercion of employees to purchase merchandise in payment of wages; sale of merchandise for more than prevailing cash value.
- §21-5-5a. — Definitions.
- §21-5-5b. — Employer limitations on use of detection of deception devices or instruments; exceptions.
- §21-5-5c. — License required for psychophysiological detection of deception examiners; qualifications; promulgation of rules governing administration of psychophysiological detection of deception examinations.
- §21-5-5d. — Penalties; cause of action.
- §21-5-6. — Refusal to pay wages or redeem orders.
- §21-5-7. — Prime contractor's responsibility for wages and benefits.
- §21-5-8. — Checkweighman where wages depend on production.
- §21-5-8a. — Deceased employees.
- §21-5-9. — Notification, posting and records.
- §21-5-10. — Provisions of law may not be waived by agreement.
- §21-5-11. — Administrative enforcement.
- §21-5-12. — Employees' remedies.
- §21-5-13. — Rules and regulations.
- §21-5-14. — Employer's bond for wages and benefits.
- §21-5-14a. — Insufficiency of bond; manner of distribution.
- §21-5-15. — Violations; cease and desist orders and appeals therefrom; criminal penalties.
- §21-5-16. — Contractors and subcontractors to notify commissioner.
- §21-5-17. — Employers prohibited from discharging employees for time lost as volunteer firemen or emergency medical service attendant.
- §21-5-18. — Employers prohibited from discharging employees for time lost as emergency medical service personnel.
- ARTICLE 5A. — WAGES FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS.
- §21-5A-1. — Definitions.
- §21-5A-2. — Policy declared.
- §21-5A-3. — Fair minimum rate of wages; determination; filing; schedule of wages part of specifications.
- §21-5A-4. — Repealed.
- §21-5A-5. — Prevailing wages established at regular intervals; how determined; filing; objections to determination; hearing; final determination; appeals to board; judicial review.
- §21-5A-6. — Contracts to contain provisions relative to minimum wages to be paid.
- §21-5A-7. — Wage rates to be kept posted.
- §21-5A-8. — Wage records to be kept by contractor, subcontractor, etc.; contents; open to inspection.
- §21-5A-9. — Penalties for violation of article.
- §21-5A-10. — Existing contracts.
- §21-5A-11. — Provisions of article severable.
- ARTICLE 5B. — EQUAL PAY FOR EQUAL WORK.
- §21-5B-1. — Definitions.
- §21-5B-2. — State commissioner of labor to enforce article.
- §21-5B-3. — Discrimination between sexes in payment of wages for work of comparable character prohibited.
- §21-5B-4. — Employee's right of action against his employer.
- §21-5B-5. — Offenses; penalties.
- §21-5B-6. — Provisions of article severable.
- ARTICLE 5C. — MINIMUM WAGE AND MAXIMUM HOURS STANDARDS FOR EMPLOYEES.
- §21-5C-1. — Definitions.
- §21-5C-2. — Minimum wages.
- §21-5C-3. — Maximum hours; overtime compensation.
- §21-5C-4. — Credits.
- §21-5C-5. — Keeping of records.
- §21-5C-6. — Duties and powers of commissioner of labor.
- §21-5C-7. — Offenses and penalties.
- §21-5C-8. — Civil remedy of employee; limitation of actions.
- §21-5C-9. — Wage and hour division; wage and hour director; duties.
- §21-5C-10. — Relation to other laws.
- §21-5C-11. — Severability.
- ARTICLE 5D. — THE PARENTAL LEAVE ACT.
- §21-5D-1. — Legislative findings.
- §21-5D-2. — Definitions.
- §21-5D-3. — Scope.
- §21-5D-4. — Family leave.
- §21-5D-5. — Certification.
- §21-5D-6. — Position upon return from leave.
- §21-5D-7. — Seniority and employment benefits.
- §21-5D-8. — Prohibited acts.
- §21-5D-9. — Posting notice.
- ARTICLE 5E. — EQUAL PAY FOR EQUAL WORK FOR STATE EMPLOYEES.
- §21-5E-1. — Legislative findings and purpose.
- §21-5E-2. — Definitions.
- §21-5E-3. — Discrimination between sexes in payment of wages for work of comparable character prohibited.
- §21-5E-4. — Employee's right of action against employer.
- §21-5E-5. — Establishment of the equal pay commission; appointment of members; and expiration date.
- §21-5E-6. — Commission's duties; promulgation of rules.
- ARTICLE 5F. — NURSE OVERTIME AND PATIENT SAFETY ACT.
- §21-5F-1. — Legislative findings and purpose.
- §21-5F-2. — Definitions.
- §21-5F-3. — Hospital nursing overtime limitations and requirements.
- §21-5F-4. — Enforcement; offenses and penalties.
- §21-5F-5. — Relation to other laws.
- ARTICLE 6. — CHILD LABOR.
- §21-6-1. — Employment of children under fourteen.
- §21-6-2. — Employment of children under eighteen in certain occupations; determination as to other occupations; appeal to supreme court.
- §21-6-3. — Issuance of work permit.
- §21-6-4. — Contents of work permit; forms; filing; records; revocation.
- §21-6-5. — Age certificate for employers; inquiry as to age; revocation of certificate; supervision by state superintendent of schools.
- §21-6-6. — Repealed.
- §21-6-7. — Hours and days of labor by minors.
- §21-6-8. — Supervision permits.
- §21-6-8a. — Blanket work permits.
- §21-6-9. — Enforcement of article.
- §21-6-10. — Offenses; penalties.
- §21-6-11. — Rules.
- ARTICLE 7. — INDUSTRIAL HOMEWORK.
- §21-7-1. — Purpose of article.
- §21-7-2. — Definitions.
- §21-7-3. — Prohibited industrial homework.
- §21-7-4. — Investigations by commissioner.
- §21-7-5. — Enforcement by commissioner.
- §21-7-6. — Employer's permit; fee.
- §21-7-7. — Employer not to deliver material for industrial homework unless worker has certificate; labels.
- §21-7-8. — Homeworker's certificate.
- §21-7-9. — Seizure of unlawfully manufactured articles.
- §21-7-10. — Revocation or suspension of permits and certificates; powers of commissioner.
- §21-7-11. — Penalties.
- ARTICLE 8. — WEST VIRGINIA COMMISSION ON MANPOWER, TECHNOLOGY AND TRAINING.
- §§21-8-1 to 21-8-13. — Repealed.
- ARTICLE 9. — MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS.
- §21-9-1. — Short title.
- §21-9-2. — Definitions.
- §21-9-3. — Board continued; appointment, qualifications, terms, oath, etc., of members; quorum; meetings; when members disqualified from participation; compensation; records; office space; personnel.
- §21-9-4. — General powers and duties; persons adversely affected entitled to hearing.
- §21-9-5. — Board designated as state administrative agency for manufactured home construction and safety standards; board to administer and enforce act.
- §21-9-6. — Inspection of certain facilities.
- §21-9-7. — Monitoring inspection fee.
- §21-9-8. — Maintenance and production of records and other information.
- §21-9-9. — License required; fees; form of license; display of license; denial, suspension or revocation.
- §21-9-10. — Licensee to furnish bond or other form of assurance.
- §21-9-11. — State may act as primary inspection agency.
- §21-9-11a. — Inspection of manufactured housing; deferral period for inspection and administrative remedies; notification to consumers of rights.
- §21-9-12. — Violation of article; penalties; injunction.
- §21-9-12a. — Violation of cease and desist order; penalties.
- 21-9-13. — West Virginia Board of Manufactured Housing Construction and Safety continued.
- ARTICLE 10. — AMUSEMENT RIDES AND AMUSEMENT ATTRACTIONS SAFETY ACT.
- §21-10-1. — Short title.
- §21-10-2. — Definitions.
- §21-10-3. — Rules.
- §21-10-4. — Inspection and permit fees.
- §21-10-5. — Inspectors.
- §21-10-6. — Permits; application; annual inspection.
- §21-10-7. — Issuance of permit; certificate of inspection;
- §21-10-8. — Notice of intention to erect new ride or attraction or add to or alter existing ride or attraction.
- §21-10-9. — Notice of serious physical injury or fatality;
- §21-10-10. — Service of process.
- §21-10-11. — Temporary cessation of operation of ride or attraction determined to be unsafe.
- §21-10-12. — Insurance; bond.
- §21-10-12a. — Minimum age for operating amusement ride.
- §21-10-13. — Regulation of carnivals, fairs and amusement rides and amusement attractions by cities and counties.
- §21-10-14. — Criminal penalty for violation.
- §21-10-15. — Operating or assembling an amusement ride while intoxicated; criminal penalty.
- §21-10-16. — Revocation and suspension of permits.
- §21-10-17. — Civil penalties for violations.
- §21-10-18. — Continuing authority of state fire marshal.
- §21-10-19. — Patron responsibility.
- ARTICLE 11. — WEST VIRGINIA CONTRACTOR LICENSING ACT.
- §21-11-1. — Short title.
- §21-11-2. — Policy declared.
- §21-11-3. — Definitions.
- §21-11-4. — West Virginia contractor licensing board created; members; appointment; terms; vacancies; qualifications; quorum.
- §21-11-5. — Administrative duties of the board; regulations.
- §21-11-6. — Necessity for license; exemptions.
- §21-11-7. — Application for and issuance of license.
- §21-11-8. — Licenses; expiration date; fees; renewal.
- §21-11-9. — Unlawful use, assignment, transfer of license; revocation.
- §21-11-10. — Prerequisites to obtaining building permit; mandatory written contracts.
- §21-11-11. — Notice included with invitations to bid and specifications.
- §21-11-12. — License renewal, lapse and reinstatement.
- §21-11-13. — Violation of article; injunction; criminal penalties.
- §21-11-14. — Disciplinary powers of the board.
- §21-11-15. — Administrative duties of division.
- §21-11-16. — Rules.
- §21-11-17. — Record keeping.
- §21-11-18. — Reciprocity.
- §21-11-19. — Continuation of board.
- §21-11-20. — Board authorized to provide training.
- ARTICLE 11A. — NOTICE AND OPPORTUNITY TO CURE CONSTRUCTION DEFECTS.
- §21-11A-1. — Purpose.
- §21-11A-2. — Applicability of article.
- §21-11A-3. — Suit by contractor; perfecting mechanic's lien.
- §21-11A-4. — Applicability of definitions; definitions.
- §21-11A-5. — Contract for residential improvements; notice.
- §21-11A-6. — Contractor notification requirements for a new residential dwelling constructed for sale.
- §21-11A-7. — Prerequisites to commencing an action.
- §21-11A-8. — Notice of claim of construction defect.
- §21-11A-9. — Service on additional parties.
- §21-11A-10. — Request for voluntary disclosure of additional information.
- §21-11A-11. — Duty to negotiate.
- §21-11A-12. — Timetable.
- §21-11A-13. — Conduct of negotiation.
- §21-11A-14. — Settlement agreement.
- §21-11A-15. — Costs of negotiation.
- §21-11A-16. — Commencement of action.
- §21-11A-17. — Additional construction defects; additional notice of claim.
- ARTICLE 12. — COMMERCIAL BUNGEE JUMPING SAFETY ACT.
- §21-12-1. — Short title.
- §21-12-2. — Definitions.
- §21-12-3. — Rules.
- §21-12-4. — Inspection and permit fees.
- §21-12-5. — Inspectors.
- §21-12-6. — Permits; application; annual inspection.
- §21-12-7. — Issuance of permit; certificate of inspection; availability to public.
- §21-12-8. — Notice of serious physical injury or fatality; investigations; records available to public.
- §21-12-9. — Service of process.
- §21-12-10. — Temporary cessation of operation of bungee jumping site or attraction determined to be unsafe.
- §21-12-11. — Insurance; bond.
- §21-12-12. — Regulation of commercial bungee jumping events and attractions by cities and counties.
- §21-12-13. — Criminal penalty for violation.
- ARTICLE 13. — CONVENIENCE FOOD STORES SAFETY ACT.
- §21-13-1. — Purpose.
- §21-13-2. — Definitions.
- §21-13-3. — Convenience food store regulations.
- §21-13-4. — Penalties and enforcement.
- §21-13-5. — Repealed.