reglab/housing_qa huggingface dataset:
WV Code § 21-5B-6 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5B. Equal Pay for Equal Work|§21-5B-6. Provisions of Article Severable

If any provision of this article or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the provisions or application of this article which can be given effect without the invalid provisions or application, and to this end the provisions of this article are declared to be severable.
WV Code § 21-5C-4 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5C. Minimum Wage and Maximum Hours Standards for Employees|§21-5C-4. Credits

Prior to January 1, 2015, in determining whether an employer is paying an employee wages and overtime compensation as provided in sections two and three of this article, there shall be provided in accordance with the regulations which shall be promulgated by the commissioner a credit to the employer of twenty percent of the hourly rate of the amount paid an employee customarily receiving gratuities, and a reasonable credit for board and lodging furnished to an employee: Provided, That after December 31, 2014, in determining whether an employer is paying an employee wages and overtime compensation as provided in sections two and three of this article, there shall be provided in accordance with the legislative rules proposed for promulgation by the commissioner a credit to the employer of seventy percent of the hourly rate of the amount paid an employee customarily receiving gratuities, and a reasonable credit for board and lodging furnished to an employee. The commissioner shall propose legislative rules for promulgation relating to maximum allowances to employers for room and board furnished to employees: Provided, however, That the employer shall be required to furnish to the commissioner upon request, documentary evidence that the employee is receiving at least seventy percent of the minimum wage in gratuities or is receiving room and lodging in accordance with the rules and regulations promulgated by the commissioner.
WV Code § 21-5C-5 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5C. Minimum Wage and Maximum Hours Standards for Employees|§21-5C-5. Keeping of Records

Every employer subject to the provisions of this article shall make or cause to be made, and shall keep and preserve at his place of business for a period of two years, a written record or records of the name and address of each of his employees as herein defined, his rate of pay, hours of employment, payroll deductions, and amount paid him for each pay period.
WV Code § 21-5C-6 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5C. Minimum Wage and Maximum Hours Standards for Employees|§21-5C-6. Duties and Powers of Commissioner of Labor

(a) It shall be the duty of the commissioner to enforce and administer the provisions of this article and rules promulgated thereunder, and to promulgate such rules and regulations, in accordance with chapter twenty-nine-a of the Code of West Virginia, 1931, as amended, as shall be needful to give effect to the provisions of this article. The commissioner is authorized to promulgate emergency rules prior to January 1, 2015, to implement and administer the amendments made to this article in 2014. If the commissioner makes a finding that a conflict exists between state and federal standards defining employee exemptions, the commissioner is further authorized to promulgate emergency rules prior to January 1, 2015, for the purpose of revising the state standards to conform with federal law.(b) The commissioner is authorized at reasonable times to enter the place of business of an employer subject to the provisions of this article, for purposes of: (1) Inspecting and examining, and copying, photographing or otherwise reproducing all payroll records of the employer directly relating to wages and hours of employment of persons employed by him or her; (2) questioning or otherwise examining persons employed by the employer on the subject of wages and hours of their employment, and gratuities received or earned in such employment.(c) The commissioner is authorized and empowered to make investigations to determine whether there is reasonable cause to believe that any person is an employer as defined in section one of this article, or whether there is reasonable cause to believe that any provision of this article is being or has been violated.(d) The commissioner is authorized and empowered to file criminal complaints against persons whom the commissioner has reasonable cause to believe have committed any offense created or defined by the provisions of this article.(e) The commissioner is authorized and empowered to institute civil actions seeking appropriate injunctive relief to compel an employer subject to this article to comply with the provisions of this article.(f) The commissioner shall enforce and administer the provisions of this article in accordance with chapter twenty-nine-a of this code. The commissioner or his or her authorized representatives are empowered to enter and inspect such places, question such employees and investigate such facts, conditions, or matters as they may deem appropriate, to determine whether any person, firm or corporation has violated any provision of this article, or any rule or regulation issued hereunder or which may aid in the enforcement of the provisions of this article.
WV Code § 21-5C-7 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5C. Minimum Wage and Maximum Hours Standards for Employees|§21-5C-7. Offenses and Penalties

(a) Any employer who wilfully discharges or in any manner wilfully discriminates against any employee because such employee has made complaint to his employer, or to the commissioner, that he has not been paid wages in accordance with the wage and hour provisions of this article, or because such employee has instituted or is about to institute any civil action, or file any petition or criminal complaint against the employer by reason of the provisions of this article, or because such employee has testified or is about to testify in any administrative proceeding, civil action, or criminal action under this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $500.(b) Any employer, labor organization, employee, or other person, alone or in concert, who in any manner wilfully discriminates against any person with respect to wages, hours of work or overtime compensation because of race, religion, color, national origin, ancestry, age or sex, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred and fifty nor more than $1,000, or imprisoned in the county jail for not more than one year, or both fined and imprisoned.(c) Any employer who wilfully violates any other provision of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $100.
WV Code § 21-5C-8 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5C. Minimum Wage and Maximum Hours Standards for Employees|§21-5C-8. Civil Remedy of Employee; Limitation of Actions

(a) Any employer who pays an employee less than the applicable wage rate to which such employee is entitled under or by virtue of this article shall be liable to such employee for the unpaid wages; an agreement by an employee to work for less than the applicable wage rate is hereby declared by the Legislature of West Virginia to be against public policy and unenforceable.(b) 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.(c) 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 action 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 filing fee or other costs or fees of any nature or to file a 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.(d) In any such action the amount recoverable shall be limited to such unpaid wages as should have been paid by the employer within two years next preceding the commencement of such action. Nothing in this article shall be construed to limit the right of an employee to recover upon a contract of employment.
WV Code § 21-5C-9 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5C. Minimum Wage and Maximum Hours Standards for Employees|§21-5C-9. Wage and Hour Division; Wage and Hour Director; Duties

The commissioner of labor shall establish within the department of labor a division to be known as the wage and hour division, which shall be a separate administrative division with respect to personnel and duties. The division shall be in charge of a wage and hour director. The wage and hour director, employees, and representatives within the wage and hour division shall, under the direction of the commissioner of labor, carry out such duties and functions as are necessary to effectuate the provisions of this article. The wage and hour director, representatives and employees within the wage and hour division shall be selected by the commissioner of labor in the same manner as other employees of the department of labor.
WV Code § 21-5C-10 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5C. Minimum Wage and Maximum Hours Standards for Employees|§21-5C-10. Relation to Other Laws

Any standards relating to minimum wages, maximum hours, overtime compensation or other working conditions in effect under any other law of this state on the effective date of this article, which are more favorable to employees than those applicable to such employees under this article shall not be deemed to be amended, rescinded or otherwise affected by this article but shall continue in full force and effect and may be enforced as provided by law.
WV Code § 21-5C-11 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5C. Minimum Wage and Maximum Hours Standards for Employees|§21-5C-11. Severability

If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
WV Code § 21-5D-1 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5D. The Parental Leave Act|§21-5D-1. Legislative Findings

The Legislature hereby finds that there is a growing crisis in this country and state affecting the stability of our families, that the family unit is being torn apart due to the need for families to have two income producing parents. In order to address this situation and to provide for the love, nurturing and education of our children, the Legislature hereby enacts "The Parental Leave Act."
WV Code § 21-5D-3 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5D. The Parental Leave Act|§21-5D-3. Scope

Nothing in this article prohibits an employer from providing employees with rights to family leave which are more generous to the employee than the rights provided under this article.
WV Code § 21-5D-4 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5D. The Parental Leave Act|§21-5D-4. Family Leave

(a) An employee shall be entitled to a total of twelve weeks of unpaid family leave, following the exhaustion of all his or her annual and personal leave, during any twelve-month period:(1) Because of the birth of a son or daughter of the employee;(2) Because of the placement of a son or daughter with the employee for adoption; or(3) In order to care for the employee's son, daughter, spouse, parent or dependent who has a serious health condition.(b) In the case of a son, daughter, spouse, parent or dependent who has a serious health condition, such family leave may be taken intermittently when medically necessary.(c) An employee may take family leave on a part-time basis and on a part-time leave schedule, but the period during which the number of work weeks of leave may be taken may not exceed twelve consecutive months, and such leave shall be scheduled so as not to disrupt unduly the operations of the employer.(d) (1) If a leave because of birth or adoption is foreseeable, the employee shall provide the employer with two weeks written notice of such expected birth or adoption.(2) If a leave under this section is foreseeable because of planned medical treatment or supervision, the employee:(A) Shall make a reasonable effort to schedule the treatment or supervision so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider of the employee's son, daughter, parent or dependent; and(B) Shall provide the employer with two weeks written notice of the treatment or supervision.(e) This article shall not be construed as granting an employee the family leave rights provided in this section if he or she is entitled to such family leave rights under any other provision of this code.
WV Code § 21-5D-5 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5D. The Parental Leave Act|§21-5D-5. Certification

(a) If an employee requests family leave to care for a family member with a serious health condition as authorized in this article, the employer may require the employee to provide certification by a health care provider of the health condition.(b) The certification shall be sufficient if it contains the following:(1) That the child, dependent, parent or employee has a serious health condition;(2) The date the serious health condition commenced and its probable duration; and(3) The medical facts regarding the serious health condition.
WV Code § 21-5D-6 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5D. The Parental Leave Act|§21-5D-6. Position Upon Return From Leave

(a) The position held by the employee immediately before the leave is commenced shall be held upon a period not to exceed the twelve-week period of the parental leave and the employee shall be returned to that position: Provided, That the employer may employ a temporary employee or temporary employees to fill said position for the period of the parental leave.(b) No employer may, because an employee received family leave or medical leave, reduce or deny any employment benefit or seniority which accrued to the employee before his or her leave commenced.
WV Code § 21-5D-7 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5D. The Parental Leave Act|§21-5D-7. Seniority and Employment Benefits

(a) Nothing in this section entitles any returning employee to the accrual of any seniority or employment benefits during any period of family leave.(b) During any family leave by an employee, the employer shall continue group health insurance coverage for such employee: Provided, That the employee shall pay the employer the premium costs of such group health insurance coverage.
WV Code § 21-5D-8 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5D. The Parental Leave Act|§21-5D-8. Prohibited Acts

No person may interfere with, restrain or deny the exercise of any right provided under this article.
WV Code § 21-5D-9 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5D. The Parental Leave Act|§21-5D-9. Posting Notice

Each employer shall post, in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth an employee's rights under this article.
WV Code § 21-5E-1 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5E. Equal Pay for Equal Work for State Employees|§21-5E-1. Legislative Findings and Purpose

(a) The Legislature hereby finds and declares that it is the public policy of this state to provide all citizens equal opportunity for employment without regard to gender and that gender discrimination in hiring and promotion has played a role in maintaining a segregated workforce in this state.(b) The Legislature hereby further finds and declares that the existence of wage differentials between equivalent jobs segregated by gender depresses wages and living standards, prevents the maximum utilization of the available labor resources and constitutes an unfair method of competition.(c) It is therefore the purpose of this article to provide state employees equal pay for work of comparable character, regardless of gender, to create a commission to study both the methodology and funding for the implementation of a gender discrimination prohibition and to establish a procedure to remedy complaints of the failure to provide equal pay for work of comparable character to state employees.
WV Code § 21-5E-2 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5E. Equal Pay for Equal Work for State Employees|§21-5E-2. Definitions

For the purposes of this article:(1) "Employer" means the State of West Virginia;(2) "Employee" means any person hired for permanent employment, either full or part-time, or hired for temporary employment for more than six consecutive months, by any department, agency, commission or board of the state created by an act of the Legislature, except any person employed by the university of West Virginia board of trustees, the board of directors of the state college system or by any state institution of higher education, or a member of the State Police, an employee of any Constitutional officer who is not classified under the provisions of article six, chapter twenty-nine of this code and any employee of the Legislature. The definition of "employee" does not include any patient or inmate employed in a state institution;(3) "Wages" means all compensation for performance of service by an employee for an employer, whether paid by the employer or another person, including the cash value of all compensation paid in any medium other than cash;(4) "Rate" with reference to wages means the basis of compensation for services by an employee for an employer and includes compensation based on the time spent in the performance of those services, or on the number of operations accomplished, or on the quantity produced or handled;(5) "Unpaid wages" means the difference between the wages actually paid to an employee and the wages required to be paid to an employee pursuant to section three of this article;(6) "Work of comparable character" means work that may be dissimilar, but whose requirements are comparable or equivalent when viewed as a composite of levels of skill, effort, responsibility and working conditions; and(7) "Wage gap" means the difference between the median annual earnings of men and women.
WV Code § 21-5E-3 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5E. Equal Pay for Equal Work for State Employees|§21-5E-3. Discrimination Between Sexes in Payment of Wages for Work of Comparable Character Prohibited

(a) No employer shall:(1) In any manner discriminate between the sexes in the payment of wages for work of comparable character, the performance of which requires comparable skills; or(2) Pay wages to any employee at a rate less than the rate other employees of the opposite sex are paid for work of comparable character, the performance of which requires comparable skills.(b) Nothing in subsection (a) of this section prohibits the payment of different wages to employees where the payment is made pursuant to:(1) A bona fide seniority system;(2) A merit system; or(3) A system that measures earnings by quantity or quality of production.(c) No employee shall be reduced in wages in order to eliminate an existing, past or future wage discrimination or to effectuate wage equalization.(d) No employer shall in any manner discriminate in the payment of wages to any employee because the employee has filed a complaint in a proceeding under this article, or has testified, or is about to testify, or because the employer believes that the employee may testify, in any investigation or proceeding pursuant to this article.(e) Except as otherwise provided in subsection (d), section six of this article, the provisions of this section shall not become effective until the Legislature approves for promulgation the rules proposed by the equal pay commission under the provisions of subsection (c) of said section.
WV Code § 21-5E-4 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5E. Equal Pay for Equal Work for State Employees|§21-5E-4. Employee's Right of Action Against Employer

(a) Any employee whose compensation is at a rate that is in violation of section three of this article has the right to file a grievance pursuant to the provisions of article two, chapter six-c of this code.(b) No agreement for compensation at a rate of less than the rate to which the employee is entitled under this article is a defense to any action under this article.(c) The rights and procedures provided under this section are subject to the provisions of the rules promulgated by the Equal Pay Commission in accordance with section six of this article.(d) Except as otherwise provided in subsection (d), section six of this article, the provisions of this section shall not become effective until the Legislature approves for promulgation the rules proposed by the Equal Pay Commission under the provisions of subsection (c) of said section.
WV Code § 21-5E-5 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5E. Equal Pay for Equal Work for State Employees|§21-5E-5. Establishment of the Equal Pay Commission; Appointment of Members

(a) The Equal Pay Commission is continued. The commission shall be composed of the following thirteen members:(1) Five members of the House of Delegates, appointed by the Speaker;(2) Five members of the Senate, appointed by the President; and(3) Three state employee representatives, including one labor union member representing state employees, as agreed to by the Speaker and President; the Director of the Women's Commission, or his or her designee; and the Director of the Office of Equal Employment Opportunity, or his or her designee.(b) The commission shall seek input from and invite the Commissioner of Labor or his or her designee and the Director of the Personnel Division of the Department of Administration or his or her designee to attend meetings of the commission.(c) One of the members of the Senate and one of the members of the House of Delegates, as designated by the President and the Speaker respectively, shall serve as cochairs of the commission.(d) The members of the House of Delegates, the members of the Senate and the state employee representative members shall be appointed to serve two-year terms.(e) Any member whose term has expired shall serve until his or her successor has been duly appointed. Any person appointed to fill a vacancy shall serve only for the unexpired term. Any member is eligible for reappointment.(f) Any vacancies occurring in the membership of the commission shall be filled in the same manner as the original appointment for the position being vacated. The vacancy shall not affect the power of the remaining members to execute the duties of the commission.