There is a newer version of the West Virginia Code
2005 West Virginia Code - 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 — Repealed.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.
Disclaimer: These codes may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.