West Virginia Code of State Rules › Agency 43 - Minimum Wage Rate Board › Title 43 - LEGISLATIVE RULE MINIMUM WAGE RATE BOARD › Series 43-01 - Rules And Regulations For The WV Prevailing Wage Act › Section 43-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
(a) Where the word
			  "Act" or "The Act" is used herein, it
			  means the West Virginia Wages for
			  Construction of Public Improvements
			  Act or Fair Minimum Wage Act passed
			  March 11, 1961 and made effective
			  ninety (90) days from passage.
(b) The term
			  "Commissioner" means the Commissioner
			  of Labor or his duly authorized
			  representatives.
(c) The term
			  "Department" means the West Virginia
			  Department of Labor.
(d) The term
			  "Maintenance Work" means the repair of
			  existing facilities when the size,
			  type or extent of such facilities is
			  not thereby changed or
			  increased.
(e) The term "Public
			  Body" or "Public Authority" means any
			  officer, board or commission or other
			  agency of the State of West Virginia,
			  or any political subdivision thereof,
			  or any authority created by the
			  Legislature of West Virginia.
(f) The term "Public
			  Work" means construction,
			  reconstruction, demolition,
			  improvement, enlargement, painting,
			  decoration, alteration and/or repair
			  work (other than temporary or
			  emergency repairs) done under contract
			  and paid for, in whole or in part, out
			  of the funds of a public body, but
			  shall not include work performed under
			  a bona fide Rehabilitation Program or
			  a bona fide Manpower Training
			  Program.
(g) The term
			  "Apprentice" means a person employed
			  and working under a bona fide
			  apprenticeship program, directly
			  related to the particular craft
			  involved in the construction industry.
			  Apprentices will be permitted to work
			  as such only when they are registered,
			  individually, under a bona fide
			  apprenticeship program, registered
			  with and approved by the Bureau of
			  Apprenticeship Training, United States
			  Department of Labor.
(h) The term "Bona
			  Fide" means that program which is made
			  in good faith without interest or
			  deceit. Rehabilitation programs are
			  those under the jurisdiction of the
			  Division of Vocational Rehabilitation
			  of the Department of Education and
			  Manpower. Training programs are those
			  certified by the Department of
			  Employment Security to the Division of
			  Vocational Education, Department of
			  Education.
(i) The term
			  "Emergency" means an unforeseen
			  combination of circumstances which
			  calls for immediate action and is
			  synonymous with crisis, pinch, strait
			  and necessity.
(j) The term
			  "Temporary" means lasting for a time
			  only; existing or continuing for a
			  limited time, not permanent.
(k) The term
			  "Locality" means any political
			  subdivision or combination of the
			  same, with the county in which the
			  construction is to be performed,
			  except that if there is not available
			  in the county a sufficient number of
			  competent skilled laborers, workmen
			  and mechanics to perform such
			  construction work efficiently and
			  properly, and may include one (1) or
			  more counties in this State adjacent
			  to the one on which the construction
			  is to be performed and from which such
			  skilled laborers, workmen and
			  mechanics may be obtained in
			  sufficient numbers to perform the
			  construction.
(l) The term "Craft"
			  means those special skills and trades
			  which are recognized by custom and
			  usage in the building and construction
			  industry.
(m) The term
			  "Classification" means those specific
			  categories of jobs which are performed
			  within a "Craft" such as a laborer who
			  can be classified as a blacksmith,
			  pipe layer, mucker-chucker,
			  etc.
(n) The term
			  "Prevailing Wages," "Wage Rates,"
			  "Minimum Wage Rates" and "Fair Minimum
			  Wage Rates" shall mean those rates as
			  determined by the Commissioner, as
			  payable in the locality in which the
			  public work is to be performed, for
			  the respective crafts and
			  classifications, and shall include
			  "Fringe Benefits" as required by the
			  Act.
(o) The term "Fringe
			  Benefits" shall mean those benefits
			  granted by an employer that involves a
			  money cost without affecting basic
			  wage rates which includes compensation
			  for holidays and fair minimum
			  overtime.
(p) The term
			  "Collective Bargaining Agreement"
			  means the agreement or agreements
			  negotiated between the historically
			  established and recognized bargaining
			  representatives for the employers and
			  of the workmen for the particular
			  crafts or classifications involved
			  providing for applicable wage rates,
			  hours of work, working conditions and
			  contributions for employee benefits as
			  defined in Subsection (o) of this
			  section.
(q) The term
			  "Authorized Deduction" means those
			  deductions which are authorized by
			  section three, article five, chapter
			  twenty-one of the Code of West
			  Virginia.
(r) The term
			  "Holdback Pay" means the wages earned
			  during the days between the end of the
			  pay period and payday.
(s) The term
			  "Non-willful Violations" shall mean
			  the result of an honest
			  misinterpretation, a valid dispose as
			  to the meaning or application or a
			  mere erroneous preparation of the
			  payroll document -- all not
			  attributable to willful
			  negligence.