reglab/housing_qa huggingface dataset:
WV Code § 21-3E-5 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3E. The West Virginia Safer Workplace Act|§21-3E-5. Collection of Samples

In order to test reliably for the presence of drugs or alcohol, an employer may require samples from its employees and prospective employees, and may require presentation of reliable individual identification from the person being tested to the person collecting the samples. Collection of the sample shall be in conformance with the requirements of this article. The employer may designate the type of sample to be used for this testing.
WV Code § 21-3E-6 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3E. The West Virginia Safer Workplace Act|§21-3E-6. Scheduling of Tests

Regarding the timing and costs of drug and/or alcohol tests, and in order for an employer to qualify for the benefits of this article:(1) Any drug or alcohol testing by an employer of employees shall occur during, or immediately before or after, a regular work period. Testing by an employer is worked time for the purposes of compensation and benefits for current employees.(2) An employer shall pay all actual costs for drug and/or alcohol testing required by the employer of employees and prospective employees.(3) An employer is required to provide transportation or to pay reasonable transportation costs to current employees if their required tests are conducted at a location other than the employee’s normal work site(s).
WV Code § 21-3E-7 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3E. The West Virginia Safer Workplace Act|§21-3E-7. Testing Procedure

All sample collection and testing of drugs and alcohol under this article shall be performed in accordance with the following conditions:(1) The collection of samples shall be performed under reasonable and sanitary conditions.(2) Any observer of the collection of urine samples shall be of the same sex as the employee.(3) Sample collections shall be documented, and these documentation procedures shall include:(A) Labeling of samples so as to reasonably preclude the possibility of misidentification of the person tested in relation to the test result provided and handling of samples in accordance with reasonable chain-of-custody and confidentiality procedures; and(B) An opportunity for the employee, or prospective employee, to voluntarily provide notification of any information which may be considered as relevant to the test, including, but not limited to, identification of currently or recently used prescriptions or nonprescription drugs, or other relevant medical information. This may be accomplished by providing procedures for review by a qualified medical professional to verify a laboratory sample which tests positive in a confirmatory test.(4) Sample collection, storage and transportation to the place of testing shall be performed so as to reasonably preclude the possibility of sample contamination, adulteration, or misidentification.(5) Confirmatory drug testing shall be conducted at a laboratory: (i) Certified by the U. S. Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration; (ii) approved by the U. S. Department of Health and Human Services under the Clinical Laboratory Improvements Act; or (iii) approved by the College of American Pathologists.(6) Drug and alcohol testing shall include confirmation of any positive test results. For drug testing, confirmation will be by use of a different chemical process than was used by the employer in the initial drug screen. The second confirmatory drug test shall be a chromatographic technique such as gas chromatography/mass spectrometry, or another comparably reliable analytical method. An employer may take any adverse employment action, including job denial to a prospective employee, based only on a confirmed positive drug or alcohol test.In the event a person desires to challenge the results of his or her initial sample test result, that person shall have the right to have the split sample tested by another laboratory as set forth in subsection four. The cost associated with the testing of the split sample shall be the responsibility of the person challenging the initial sample test results.
WV Code § 21-3E-8 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3E. The West Virginia Safer Workplace Act|§21-3E-8. Testing Policy Requirements

(a) Testing or retesting for the presence of drugs or alcohol by an employer shall be carried out within the terms of a written policy which has been distributed to every employee subject to testing, and is available for review by prospective employees.(b) In order to comply with the provisions of this article, employers must provide employees, when requested and/or as appropriate, with information as to the existence and availability of counseling, employee assistance, rehabilitation and/or other drug abuse treatment programs which the employer offers, if any. The employer is not required to offer any of the benefits listed above by this article.(c) Within the terms of the written policy, an employer may require the collection and testing of samples for, among other legitimate drug abuse prevention and/or treatment purposes, the following:(1) Deterrence and/or detection of possible illicit drug use, possession, sale, conveyance, or distribution, or manufacture of illegal drugs, intoxicants, or controlled substances in any amount or in any manner, on or off the job, or the abuse of alcohol or prescription drugs; (2) Investigation of possible individual employee impairment;(3) Investigation of accidents in the workplace or incidents of workplace theft or other employee misconduct;(4) Maintenance of safety for employees, customers, clients or the public at large; or (5) Maintenance of productivity, quality of products or services, or security of property or information.(d) The collection and testing of samples shall be conducted in accordance with this article and need not be limited to circumstances where there are indications of individual, job-related impairment of an employee or prospective employee.(e) The employer’s use and disposition of all drug or alcohol test results are subject to the limitations of this article and federal and state law if the employer is to qualify for the legal protections available under this article.(f) Nothing in this article may be construed to encourage, discourage, restrict, limit, prohibit or require on-site drug or alcohol testing.
WV Code § 21-3E-9 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3E. The West Virginia Safer Workplace Act|§21-3E-9. Disciplinary Procedures

Upon receipt of a confirmed positive drug or alcohol test result which indicates a violation of the employer’s written policy, or upon the refusal of an employee or prospective employee to provide a testing sample, an employer may use that test result or test refusal as a valid basis for disciplinary and/or rehabilitative actions, which may include, among other actions, the following:(1) A requirement that the employee enroll in an employer-provided or approved rehabilitation, treatment and/or counseling program, which may include additional drug and/or alcohol testing, participation in which may be a condition of continued employment, and the costs of which may or may not be covered by the employer’s health plan or policies;(2) Suspension of the employee, with or without pay, for a designated period of time;(3) Termination of employment;(4) Refusal to hire a prospective employee; and/or(5) Other adverse employment action in conformance with the employer’s written policy and procedures, including any relevant collective bargaining agreement provisions.
WV Code § 21-3E-10 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3E. The West Virginia Safer Workplace Act|§21-3E-10. Sensitive Employees

If the confirmatory drug or alcohol test of an employee is “positive,” and the employee is in a sensitive position where an accident could cause loss of human life, serious bodily injury, or significant property or environmental damage, the employer may permanently remove the employee from the sensitive position and transfer or reassign the employee to an available nonsensitive position with comparable pay and benefits, or may take any other action, including termination or other adverse employment action, consistent with the employer’s policy for confirmed positive drug or alcohol test for employees in sensitive positions, provided there are not applicable contractual provisions that expressly prohibit such action.Employers obligated to perform drug testing under a federal or state mandated drug testing statute will be required to follow whatever additional requirements are mandated by those statutes.
WV Code § 21-3E-11 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3E. The West Virginia Safer Workplace Act|§21-3E-11. Protection From Liability

No cause of action is or shall be established for any person against any employer who has established a policy and initiated a testing program in accordance with this article, for any of the following:(1) Actions based on the results of a confirmed positive drug or alcohol test, or the refusal of an employee or job applicant to submit to a drug test;(2) Failure to test for drugs or alcohol, or failure to test for a specific drug or other controlled substance;(3) Failure to test for, or if tested for, failure to detect, any specific drug or other substance, any medical condition, any mental, emotional, or psychological disorder or condition; or(4) Termination or suspension of any substance abuse prevention or testing program or policy.
WV Code § 21-3E-12 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3E. The West Virginia Safer Workplace Act|§21-3E-12. Cause of Action

(a) No cause of action is or shall be established for any person against an employer who has established a program of drug or alcohol testing in accordance with this article, unless the employee’s action was based on a false positive test result, and the employer had actual knowledge that the result was in error, and ignored the true test result because of disregard for the truth and/or the willful intent to deceive or be deceived.(b) In any claim, including a claim under this article, where it is alleged that an employer’s action was based on a false positive test result:(1) There is a rebuttable presumption that the test result was valid if the employer complied with the provisions of this article; and(2) The employer is not liable for monetary damages if its reliance on a false positive test result was reasonable and in good faith.(c) There is no employer liability for any action taken related to a false negative drug or alcohol test.
WV Code § 21-3E-13 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3E. The West Virginia Safer Workplace Act|§21-3E-13. Defamation

No cause of action for defamation of character, libel, slander or damage to reputation is or shall be established for any person against any employer who has established a program of drug or alcohol testing in accordance with this article, unless:(1) The results of that test were disclosed to a person other than the employer, an authorized employee, agent or representative of the employer, the tested employee, or the tested prospective employee, or the authorized agent or representative of the employee; and (2) All elements of an action for defamation of character, libel, slander or damage to reputation as established by the relevant state statute or common law are satisfied.
WV Code § 21-3E-14 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3E. The West Virginia Safer Workplace Act|§21-3E-14. No Requirement to Implement a Testing Policy

No cause of action arises in favor of any person against an employer based upon the failure of the employer to establish a program or policy on substance abuse prevention, or to implement drug or alcohol testing.
WV Code § 21-3E-15 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3E. The West Virginia Safer Workplace Act|§21-3E-15. Confidentiality

All communications received by an employer relevant to employee or prospective employee drug or alcohol test results and received through the employer’s drug testing program are confidential communications and may not be used or received in evidence, obtained in discovery or disclosed in any public or private proceeding, except in a proceeding related to an action taken by an employer under this article.
WV Code § 21-3E-16 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3E. The West Virginia Safer Workplace Act|§21-3E-16. Employer Testing; Notice; Termination; Forfeiture

If an employer implements a drug-free workplace program in accordance with this article, which includes notice, education, and procedural requirements for testing for drugs and alcohol pursuant to this law, the employer may require the employee to submit to a test for the presence of drugs or alcohol. If an employee is terminated because alcohol or a drug is found to be present in the employees system at a level proscribed by the employers policy, the employee, if injured at the time of the intoxication, forfeits indemnity benefits under the Workers Compensation Laws. However, the employers drug-free workplace program must notify all employees that it is a condition of employment for an employee to refrain from reporting to work or working with the presence of drugs or alcohol in his or her body and that policy must also state that if an injured employee refuses to submit to a test for drugs or alcohol that employee forfeits eligibility for indemnity benefits under the Workers Compensation Laws. Employers who do not notify their employees of this condition of employment waive their right to assert that eligibility for benefits is entirely forfeited.Nothing in this section may be construed or determined to affect 23-4-2(a) of this code and the provisions of said section shall be the sole manner in which intoxication may be proven to establish such intoxication as the proximate cause of an injury for purposes of said chapter.
WV Code § 21-4-1 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 4. Hours of Labor|§21-4-1. Hours of Labor for Telephone and Telegraph Operators on Railroads

It shall be unlawful for any person, association or corporation operating a railroad within this state to permit any person employed by it on such railroad, in the capacity of telephone or telegraph operator, whose duty it is to space or block trains or engines, or handle train orders governing the movement of trains or engines, or handle interlocking switches governing the movement of trains or engines, to be on duty more than eight hours in any twenty-four consecutive hours: Provided, That the provisions of this section shall apply only to such parts of a railroad where three or more passenger trains pass each way in twenty-four consecutive hours, or where ten or more freight trains pass each way in twenty-four consecutive hours, or at any office where such telegraph or telephone operators are employed twenty or more hours in twenty-four consecutive hours: Provided further, That in case of necessity caused by the sickness or death of any such operators, or by an accident on such railroad, such telephone and telegraph operators may be permitted to be on duty for a period of twelve consecutive hours in any twenty-four consecutive hours, but such extension of time shall extend only for a period long enough to enable such railroad company to supply the required number of operators at such office, and shall in no case extend over a period of more than two days, nor shall it be lawful for any such telegraph or telephone operator to be on duty twelve consecutive hours in any twenty-four consecutive hours for more than three times in any calendar month. Nothing in this section shall prevent any such company and operator from agreeing to a longer day than eight hours, but in no case shall any such operator be permitted to be on duty longer than twelve consecutive hours in any twenty-four consecutive hours under such agreement.Any person, association or corporation violating the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined $100 for the first offense, and for each subsequent offense shall be fined $300.
WV Code § 21-4-2 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 4. Hours of Labor|§21-4-2. Hours of Labor on State Public Works

The service and employment of all laborers and mechanics who now are or hereafter may be employed by or on behalf of this state, or by any contractor or subcontractor, upon any of the public works of the state, is hereby limited and restricted to eight hours in any one calendar day, except in cases of extraordinary emergency; and it shall be unlawful for any officer of the state, or any such contractor or subcontractor, whose duty it shall be to employ, direct or control the service of such laborers or mechanics, to require or permit any such laborers or mechanics to work more than eight hours in any calendar day, except as hereinbefore provided.Any officer or agent of the state, or any contractor or subcontractor, whose duty it shall be to employ, direct or control any laborer or mechanic employed upon any of the public works of the state, who shall intentionally violate any provision of this section, shall be deemed guilty of a misdemeanor and, for each and every such offense shall, upon conviction, be fined not to exceed $1,000, or imprisoned for not more than six months, or both fined and imprisoned, in the discretion of the court having jurisdiction thereof.
WV Code § 21-5-2 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5. Wage Payment and Collection|§21-5-2. Semimonthly Payment of Wages by Railroads

Every railroad company, authorized to do business by the laws of this state shall, on or before the first day of each month, pay the employees thereof the wages earned by them during the first half of the preceding month, ending with the fifteenth day thereof; and on or before the fifteenth day of each month, pay the employees thereof the wages earned by them during the last half of the preceding calendar month: Provided, That if, at any time of payment, any employee shall be absent from his regular place of labor, and shall not receive his wages through a duly authorized representative, he shall be entitled to such payment at any time thereafter upon demand upon the proper paymaster at the place where such wages are usually paid and where the next pay is due, and the proper mailing in the United States post office of such payment in time to reach the usual post office of the employee by the time aforesaid, in the usual course of the mails, shall be a compliance with this section.It shall not be lawful for any railroad company to enter into or make any agreement with any employee for the payment of wages of any such employee otherwise than as provided in this section, except to pay such wages at shorter intervals than herein provided. Every agreement made in violation of this section shall be deemed to be null and void.
WV Code § 21-5-4a (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5. Wage Payment and Collection|§21-5-4a. Safe Harbor

(a) An employee, in bringing an action for the underpayment or nonpayment of wages and fringe benefits due upon the employees separation of employment as contemplated by 21-5-4 of this code, is not entitled to seek liquidated damages or attorneys fees from an employer without first making a written demand, as defined in subsection (c) of this section, to the employer seeking the payment of any alleged underpayment or nonpayment as set forth in this section: Provided, That upon separation or with the issuance of the final paycheck, the employer shall notify the employee in writing who the employers authorized representative is and where to send a written demand by both e-mail and regular mail: Provided however, that if the employer fails to provide the required written notice, the employee is not required to comply with the provisions of this section. Upon receiving a written demand, the employer has seven calendar days from receipt to correct the alleged underpayment or nonpayment of the wages and fringe benefits due. If, after seven days, the employer has not corrected the alleged underpayment or nonpayment, or paid all undisputed amounts due to the employee, the employee may seek liquidated damages and attorneys fees. Nothing in this section prohibits the employee from presenting a claim under this article without making a written demand to the employer.(b) In a class action lawsuit brought under this article for the underpayment or nonpayment of wages and fringe benefits due upon the employees separation of employment, the employee, prior to the filing of the class action, shall submit a written demand stating it is a demand for all other employees similarly situated for the underpayment or nonpayment of their wages and fringe benefits: Provided, That if only the underpayment or nonpayment of wages and fringe benefits of the named employee is corrected, a class action may proceed for the underpayment or nonpayment of wages and fringe benefits still owed to the other members of the class.(c) For purposes of this section, a "written demand" means any writing, including e-mail, from or on behalf of an employee stating that the employer has not paid all of the wages or fringe benefits which the employee is owed.
WV Code § 21-5-5 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5. Wage Payment and Collection|§21-5-5. Coercion of Employees to Purchase Merchandise in Payment of Wages; Sale of Merchandise for More Than Prevailing Cash Value

If any corporation, company, firm or person shall coerce or compel, or attempt to coerce or compel, an employee in its, their or his employment to purchase goods or supplies in payment of wages due him or to become due him or otherwise, from any corporation, company, firm or person, such first named corporation, company, firm or person shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided in the next preceding section. And if any such corporation, company, firm or person shall, directly or indirectly, sell to any such employee in payment of wages due or to become due him or otherwise, goods or supplies at prices higher than the reasonable or current market value thereof at cash, such corporation, company, firm or person shall be liable to such employee, in a civil action, in double the amount of the charges made and paid for such goods or supplies, in excess of the reasonable or correct value thereof in cash.
WV Code § 21-5-5a (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5. Wage Payment and Collection|§21-5-5a. Definitions

As used in sections five-b, five-c and five-d of this article, unless the context clearly requires otherwise:(1) "Employer" means any individual, person, corporation, department, board, bureau, agency, commission, division, office, company, firm, partnership, council or committee of the state government; public benefit corporation, public authority or political subdivision of the state; or other business entity, which employs or seeks to employ an individual or individuals. All provisions of sections five-b, five-c and five-d of this article pertaining to employers shall apply in equal force and effect to their agents and representatives.(2) "Employee" means an individual employed by an employer.(3) "Psychophysiological detection of deception instrument" means an instrument used for the detection of deception which records permanently and simultaneously a person's cardiovascular and respiratory patterns and galvanic skin response: Provided, That the instrument may record other physiological changes pertinent to the detection of deception.(4) "Prospective employee" means an individual seeking or being sought for employment with an employer.(5) "Psychophysiological detection of deception" means an examination which records permanently and simultaneously a person's cardiovascular and respiratory patterns and galvanic skin response.