There is a newer version of the West Virginia Code
2009 West Virginia Code
CHAPTER 21. 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.
- §21-1B-6 Denial of deductible business expense.
- §21-1B-7 Suspension or revocation of license.
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- §21-1C-7 Repealed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 1D. WEST VIRGINIA ALCOHOL AND DRUG-FREE WORKPLACE ACT.
- §21-1D-1 Short Title.
- §21-1D-2 Definitions.
- §21-1D-3 Statement of policy.
- §21-1D-4 Drug-free workplace policy required for public improvement construction.
- §21-1D-5 Employee drug-free workplace policy required to bid for a public improvement contract.
- §21-1D-5a Drug-free workplace policy not applicable to workers required to follow federal Department of Transportation drug testing guidelines.
- §21-1D-6 Drug-free workplace written policy to be kept posted.
- §21-1D-7 Drug-free workplace records and contents open for inspection.
- §21-1D-7a Confidentiality; test results not to be used in criminal and administrative proceedings.
- §21-1D-7b Contractor to provide certified drug-free workplace report.
- §21-1D-8 Penalties for violation of this article.
- §21-1D-9 Existing contracts.
ARTICLE 2. EMPLOYMENT AGENCIES.
- §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.
- §21-3C-1 Definitions.
- §21-3C-2 Inspectors; application; certificates of competency.
- §21-3C-2a Installation prohibited; exemptions; two-way communication required; key required.
- §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-10a License requirements for elevator mechanics; contractors license required; supervision of elevator apprentices required.
- §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.
- §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.
- §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.
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.
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; availability to public.
- §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; investigations; records available to public.
- §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.
- §21-11-10a Informational list for basic universal design features; penalties.
- §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-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.
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.
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