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WV Code § 21-5E-6 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5E. Equal Pay for Equal Work for State Employees|§21-5E-6. Commission's Duties; Promulgation of Rules

(a) The equal pay commission shall study both the methodology and funding for the implementation of a gender discrimination prohibition and shall prepare reports for submission to the Legislature which include:(1) An analysis of state job descriptions which measures the inherent skill, effort, responsibility and working conditions of various jobs and classifications; and(2) A review of similar efforts to eliminate gender-based wage differentials implemented by other governmental entities in this and other states.(b) The commission shall submit an initial report with recommendations for implementation of a gender discrimination prohibition to the Joint Committee on Government and Finance not later than July 1, 2000, and shall submit status reports annually thereafter.(c) Based upon the findings and recommendations in its report, the commission may propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code to implement the provisions of this article.(d) The Legislature finds that it has not fully assessed the potential cost to the state if the provisions of sections three and four of this article are implemented and that those provisions should not be implemented until a reasonable estimate of the amount of public funds that may be required for appropriation and expenditure as a result of the implementation can be calculated. Accordingly, notwithstanding any other provisions of this article to the contrary, the provisions of sections three and four of this article shall not become effective until enactment of general law specifically providing an effective date of implementation of those sections. During the interim period between the 2002 regular session of the Legislature and the 2003 regular session of the Legislature, the equal pay commission shall, in the manner prescribed by the Joint Committee on Government and Finance, meet and consult with the joint standing committee on the judiciary, the joint committee on finance and others as may be prescribed for the purposes of conducting a joint assessment of budgetary or other financial impact on the state if the provisions of sections three and four of this article are implemented. Prior to the 2003 regular session of the Legislature, those directed to conduct the joint assessment shall report their findings to the Joint Committee on Government and Finance and, if warranted, report any recommendations for the passage of legislation that would effectively lessen or eliminate the cost of implementation of sections three and four of this article in a manner that is consistent with achieving the purposes for which this article was initially enacted.
WV Code § 21-5F-1 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5F. Nurse Overtime and Patient Safety Act|§21-5F-1. Legislative Findings and Purpose

The Legislature finds and declares that:(1) It is essential that qualified registered nurses and other licensed health care workers providing direct patient care beavailable to meet the needs of patients;(2) Quality patient care is jeopardized by nurses that work unnecessarily long hours in hospitals;(3) Health care workers, especially nurses, are leaving their profession because of workplace stresses, long work hours and depreciation of their essential role in the delivery of quality, direct patient care;(4) It is necessary to safeguard the efficiency, health and general well-being of health care workers in hospitals, as well as the health and general well-being of the persons who use their services;(5) It is further necessary that health care workers be aware of their rights, duties and remedies with regard to hours workedand patient safety; and(6) Hospitals should provide adequate safe nursing staffing without the use of mandatory overtime.
WV Code § 21-5F-2 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5F. Nurse Overtime and Patient Safety Act|§21-5F-2. Definitions

For the purposes of this article:(1) "Hospital" means a facility licensed under the provisions of article five-b, chapter sixteen of this code, but does not include hospitals operated by state or federal agencies.(2) "Nurse" means a certified or licensed practical nurse or a registered nurse who is providing nursing services and is involved in direct patient care activities or clinical services, but does not include certified nurse anesthetists. Nurse managers are included with respect to their delivery of in-hospital patient care, but this is in no way intended to impact on their 24-hour management responsibility for a unit, area or service.(3) "Overtime" means the hours worked in excess of an agreed upon, predetermined, regularly scheduled shift.(4) "Taking action against" means discharging; disciplining; threatening; reporting to the board of nursing; discriminating against; or penalizing regarding compensation, terms, conditions, location or privileges of employment.(5) "Unforeseen emergent situation" means an unusual, unpredictable or unforeseen circumstance such as, but not limited to, an act of terrorism, a disease outbreak, adverse weather conditions or natural disasters. An unforeseen emergent situation does not include situations in which the hospital has reasonable knowledge of increased patient volume or decreased staffing, including, but not limited to, scheduled vacations and scheduled health care worker medical leave.
WV Code § 21-5F-3 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5F. Nurse Overtime and Patient Safety Act|§21-5F-3. Hospital Nursing Overtime Limitations and Requirements

(a) Except as provided in subsections (b), (c), (d), (e) and (f) of this section, a hospital is prohibited from mandating a nurse, directly or through coercion, to accept an assignment of overtime and is prohibited from taking action against a nurse solely on the grounds that the nurse refuses to accept an assignment of overtime at the facility if the nurse declines to work additional hours because doing so may, in the nurse's judgment, jeopardize patient or employee safety.(b) Notwithstanding subsections (a) and (g) of this section, a nurse may be scheduled for duty or mandated to continue on duty in overtime status in an unforeseen emergent situation that jeopardizes patient safety.(c) Subsections (a) and (g) of this section do not apply when a nurse may be required to fulfill prescheduled on-call time, but nothing in this article shall be construed to permit an employer to use on-call time as a substitute for mandatory overtime.(d) Notwithstanding subsections (a) and (g) of this section, a nurse may be required to work overtime to complete a single patient care procedure already in progress, but nothing in this article shall be construed to permit an employer to use a staffing pattern as a means to require a nurse to complete a procedure as a substitute for mandatory overtime.(e) Subsection (a) of this section does not apply when a collective bargaining agreement is in place between nurses and the hospital which is intended to substitute for the provisions of this article by incorporating a procedure for the hospital to require overtime.(f) Subsection (a) of this section does not apply to voluntary overtime.(g) In the interest of patient safety, any nurse who works twelve or more consecutive hours, as permitted by this section, shall be allowed at least eight consecutive hours of off-duty time immediately following the completion of the shift. Except as provided in subsections (b), (c) and (d) of this section, no nurse shall work more than sixteen hours in a twenty-four hour period. The nurse is responsible for informing the employer hospital of other employment experience during the twenty-four hour period in question if this provision is to be invoked. To the extent that an on-call nurse has actually worked sixteen hours in a hospital, efforts shall be made by the hospital to find a replacement nurse to work.Each hospital shall designate an anonymous process for patients and nurses to make staffing complaints related to patient safety.(h) Each hospital shall post, in one or more conspicuous place or places where notices to employee nurses are customarily posted, a notice in a form approved by the commissioner setting forth a nurse's rights under this article.
WV Code § 21-5F-4 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5F. Nurse Overtime and Patient Safety Act|§21-5F-4. Enforcement; Offenses and Penalties

(a) Pursuant to the powers set forth in article one of this chapter, the Commissioner of Labor is charged with the enforcement of this article. The commissioner shall propose legislative and procedural rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to establish procedures for enforcement of this article. These rules shall include, but are not limited to, provisions to protect due process requirements, a hearings procedure, an appeals procedure, and a notification procedure, including any signs that must be posted by the facility.(b) Any complaint must be filed with the commissioner regarding an alleged violation of the provisions of this article must be made within thirty days following the occurrence of the incident giving rise to the alleged violation. The commissioner shall keep each complaint anonymous until the commissioner finds that the complaint has merit. The commissioner shall establish a process for notifying a hospital of a complaint.(c) The administrative penalty for the first violation of this article is a reprimand.(d) The administrative penalty for the second offense of this article is a reprimand and a fine not to exceed $500.(e) The administrative penalty for the third and subsequent offenses is a fine of not less than $2,500 and not more than $5,000 for each violation.(f) To be eligible to be charged of a second offense or third offense under this section, the subsequent offense must occur within twelve months of the prior offense.(g) All moneys paid as administrative penalties pursuant to this section shall be deposited into the General Revenue Fund.
WV Code § 21-5F-5 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5F. Nurse Overtime and Patient Safety Act|§21-5F-5. Relation to Other Laws

Any law of this state currently enacted shall not be deemed to be amended, rescinded or otherwise affected by any provision of this article, but shall continue in full force and effect.
WV Code § 21-5G-1 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5G. West Virginia Workplace Freedom Act|§21-5G-1. Definitions

As used in this article: (1) The term “person” means any individual, proprietorship, partnership, firm, association, corporation, labor organization or any other legal entity.(2) The term “labor organization” means any organization, agency, union or employee representation committee of any kind that exists, in whole or in part, to assist employees in negotiating with employers concerning grievances, labor disputes, wages, rates of pay or other terms or conditions of employment.(3) The term “employer” means any person employing at least one individual in the state or any agent of an employer employing at least one individual in the state.
WV Code § 21-5G-2 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5G. West Virginia Workplace Freedom Act|§21-5G-2. Individual’s Right to Refrain From Affiliating With a Labor Organization

A person may not be required, as a condition or continuation of employment, to:(1) Become or remain a member of a labor organization;(2) Pay any dues, fees, assessments or other similar charges, however denominated, of any kind or amount to any labor organization; or(3) Pay any charity or third party, in lieu of those payments, any amount that is equivalent to or a pro rata portion of dues, fees, assessments or other charges required of members of a labor organization.
WV Code § 21-5G-3 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5G. West Virginia Workplace Freedom Act|§21-5G-3. Contracting for Exclusion From Employment Because of Affiliation or Nonaffiliation With a Labor Organization

Any agreement, contract, understanding or practice, either written or oral, implied or expressed, between any labor organization and an employer or public body which provides for the exclusion from employment of any person because of membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor organization or employee organization of any kind is hereby declared to be unlawful, null and void, and of no legal effect.
WV Code § 21-5G-4 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5G. West Virginia Workplace Freedom Act|§21-5G-4. Criminal Penalty

Any person who knowingly requires another person, as a condition or continuation of employment, to perform any of the conduct enumerated in section two of this article, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $5,000.
WV Code § 21-5G-5 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5G. West Virginia Workplace Freedom Act|§21-5G-5. Civil Relief; Damages

Any person injured as a result of any violation or threatened violation of this article shall have a cause of action, and, if proven in a court of competent jurisdiction, may be entitled to the following relief against a person or persons violating or threatening to violate this article:(1) Compensatory damages;(2) Costs and reasonable attorney fees, which shall be awarded if the injured person substantially prevails;(3) Punitive damages in accordance with the provisions of section twenty-nine, article seven, chapter fifty-five of this code; (4) Preliminary and permanent injunctive relief; and (5) Any other appropriate equitable relief.
WV Code § 21-5G-6 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5G. West Virginia Workplace Freedom Act|§21-5G-6. Exceptions

This article does not apply:(1) To any employee or employer covered by the federal Railway Labor Act, 45 U. S. C. §151, et seq.;(2) To any employee of the United States or a wholly owned corporation of the United States;(3) To any employee who is employed on property over which the United States government has exclusive jurisdiction for purposes of labor relations; or(4) Where the provisions of this article would otherwise conflict with, or be preempted by, federal law.
WV Code § 21-5G-7 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5G. West Virginia Workplace Freedom Act|§21-5G-7. Applicability; Severability

(a) Applicability. — This article applies to any written or oral contract or agreement entered into, modified, renewed or extended on or after July 1, 2016: Provided, That the provisions of this article do not otherwise apply to or abrogate a written or oral contract or agreement in effect on or before June 30, 2016.(b) Severability. — If any provision of this article or the application of any such provision of this article to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of this article or the application of its provisions to persons or circumstances other than those to which it is held invalid is not affected thereby.
WV Code § 21-5I-1 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5I. West Virginia Employment Law Worker Classification Act|§21-5I-1. Short Title

This article shall be known as the West Virginia Employment Law Worker Classification Act.
WV Code § 21-5I-3 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5I. West Virginia Employment Law Worker Classification Act|§21-5I-3. Certain Laws May Be Superseded

The purpose of this article is to bring clarity and certainty under the laws of this state with regard to differentiating employees from independent contractors in employment laws as defined in workers compensation in Chapter 23 of this code, unemployment compensation in Chapter 21A of this code, Human Rights Act rights in 5-11-1 et seq. of this code, and wage payment and collection in 21-5-1 et seq. of this code, and by imposing objective standards for making that distinction. Consequently, all laws concerning workers compensation in Chapter 23 of this code, unemployment compensation in Chapter 21A of this code, Human Rights Act rights in 5-11-1 et seq. of this code, and wage payment and collection in 21-5-1 et seq. of this code where the application thereof is contingent upon the classification of a worker as being an employee are superseded, to the extent necessary, by this article.
WV Code § 21-5I-5 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5I. West Virginia Employment Law Worker Classification Act|§21-5I-5. Limitations as to Scope of Article

The test for determining whether a person is an independent contractor or employee set forth in this article applies only for purposes of workers compensation as defined in Chapter 23 of this code, unemployment compensation in Chapter 21A of this code, Human Rights Act rights in 5-11-1 et seq. of this code, and wage payment and collection in 21-5-1 et seq. of this code. This test has no application to other areas of law, such as whether a person is an independent contractor or an agent of principal for determining whether the law of principal and agent applies with respect to such questions as the issue of vicarious liability to a third party in tort. Further, this article does not apply with respect to organizations or persons subject to the provisions of 17-29-11 of this code.
WV Code § 21-5I-6 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 5I. West Virginia Employment Law Worker Classification Act|§21-5I-6. 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 this article, and to this end the provisions of this article are declared to be severable.
WV Code § 21-6-1 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 6. Child Labor|§21-6-1. Employment of Children Under Fourteen

Except as permitted and authorized by the provisions of this article, a child under fourteen years of age shall only be employed or permitted to work the following jobs: (1) Agriculture and horticulture activities which have not been declared hazardous by the secretary of the United States department of labor;(2) Domestic services within the residence of the employer;(3) Work for parents or legal guardian in their solely owned business, except those jobs set out in section two of this article;(4) As actors or performers in motion pictures, theatrical, radio or television productions; and(5) Newspaper delivery.
WV Code § 21-6-2 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 6. Child Labor|§21-6-2. Employment of Children Under Eighteen in Certain Occupations; Determination as to Other Occupations; Appeal to Supreme Court

(a) A child under eighteen years of age may not be employed, permitted or suffered to work in, about, or in connection with any of the following occupations:(1) Motor vehicle driver and outside helper whose work includes riding on a motor vehicle outside the cab for the purpose of assisting in transporting or delivery of goods;(2) The manufacture, storage, handling or transportation of explosives or highly flammable substances;(3) Ore reduction works, smelters, hot rolling mills, furnaces, foundries, forging shops, or in any other place in which the heating, melting or heat treatment of metals is carried on;(4) Logging and saw milling occupations;(5) Power-driven woodworking machine occupations;(6) Occupations involving exposure to radioactive substances and ionizing radiations;(7) Power-driven hoisting apparatus occupations;(8) Power-driven metal-forming, punching, and shearing machine occupations;(9) Mining, including coal mining;(10) Occupations involving slaughtering, meat-packing, or processing or rendering;(11) Power-driven bakery machines;(12) Power-driven paper-products machine occupations;(13) Occupations involved in the manufacturing of brick, tile, and kindred products;(14) Occupations involved in the operation of power-driven circular saws, band saws, and guillotine shears;(15) Occupations involved in wrecking, demolition, and ship-breaking operations;(16) Roofing operations above ground level; and(17) Excavation operations.(b) A child under eighteen years of age may not be employed or permitted to work in a bar, or be permitted, employed or suffered to sell, dispense or serve alcoholic beverages in any place or establishment where the consumption of alcoholic beverages is permitted by law.(c) A child under eighteen years of age may not be employed or permitted to work in any occupation prohibited by law or determined by the commissioner to be dangerous or injurious: Provided, That a child between the ages of sixteen and eighteen years who is enrolled in, participating in, or has completed the minimum training requirements of the West Virginia State Fire Commission, West Virginia Department of Education Public Service Training, or West Virginia University fire service extension, or equivalent approved program, and who has the written consent of his or her parents or guardian may be employed by or elected as a member of a volunteer fire department to perform fire fighting functions: Provided, however, That no child may be permitted to operate any fire fighting vehicles, enter a burning building in the course of his or her employment or work or enter into any area determined by the fire chief or fireman in charge at the scene of a fire or other emergency to be an area of danger exposing the child to physical harm by reason of impending collapse of a building or explosion, unless the child is under the immediate supervision of a fire line officer.
WV Code § 21-6-3 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 6. Child Labor|§21-6-3. Issuance of Work Permit

(a) A child 14 or 15 years of age may be employed or permitted to work in any gainful occupation, except as provided in 21-6-2 of this code, when the person, firm, or corporation by whom the child is employed or permitted to work, obtains and keeps on file and accessible to officers charged with the enforcement of this article, a work permit issued by the Superintendent of Schools of the county in which the child resides, by some person authorized by him or her in writing, or by a person authorized to issue education credentials to that child upon completion of the secondary education program pursuant to 18-8-12 of this code. Whenever a work permit has been issued, or wherever an age certificate has been issued under the provisions of 21-6-5 of this code, it shall be conclusive as to the age of the child on whose behalf the work permit or age certificate was issued.(b) The Superintendent of Schools, person authorized by him or her in writing, or other person authorized to issue a work permit pursuant to subsection (a) of this section shall issue the work permit only upon review of the following documents:(1) A written statement, signed by the person for whom the child expects to work, that he or she intends legally to employ the child;(2) A brief written description of the job the child is expected to perform;(3) A birth certificate, or attested transcript thereof, issued by the registrar of vital statistics or other officer charged with the duty of recording births;(4) A certificate signed by the principal of the school attended showing that the child is attending school: Provided, That the requirement for review of this certificate does not apply in the case of a homeschooled student exempt from compulsory school attendance pursuant to 18-8-1(c) of this code; and(5) The written consent of the parent or parents, guardian, or custodian of the child.(c) No person authorized to issue a work permit pursuant to subsection (a) of this section may require a physical examination to be included in the application for a work permit.(d) No person authorized to issue a work permit pursuant to subsection (a) of this section is required to certify that the minor personally appeared before him or her prior to the issuance, modification, or rejection of a work permit.