West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-37 - Jobs Act Procedures › Section 42-37-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" means
				the West Virginia Jobs Act, W. Va. Code §
									21-1C-1,
et seq
.
2.2.
				"Certified payroll document " means a document that includes the name and
				address of the employer, identification of the payroll number and the work week
				ending date, the name of the project and project location, identification of
				the contract number, the names of employees, their work classification or job
				title, the physical address of employees' domicile or primary residence,
				including the county and state, the day and hours worked, hourly rate of pay or
				salary, gross wages, federal and state withholding amounts, other authorized
				deductions, net pay, and the employer's signed and dated certification stating
				that the information in the document is correct and complete.
2.3. "Commissioner" means the Commissioner of
				the West Virginia Division of Labor or his or her authorized
				representatives.
2.4."Division"
				means the West Virginia Division of Labor.
2.5. "Executive Director" means the executive
				director of WorkForce West Virginia or his or her authorized
				representatives.
2.6. "From the
				local labor market" means an employee whose domicile or primary residence is
				located within the local labor market.
2.7. "Informal presentation of views" means
				the opportunity for an employer to meet with the Commissioner following the
				issuance of a notice of violation or a notice of penalty.
2.8. "Job order" means the WorkForce West
				Virginia Job Order Details Form, ESD-102, that complies with W. Va. Code §
									21-1C-4(b).
2.9. "Notice of penalty" means the written
				notification to an employer setting forth the number of violations of the Jobs
				Act and the amount of the civil penalty to be paid to the Division.
2.10. "Notice of violation" means the written
				notification to an employer that the Division has determined that the employer
				is in violation of the Jobs Act, and that the employer will be subject to a
				civil penalty for continuing Jobs Act violations.
2.11. "Qualified job applicant" means a
				prospective employee who has a current credential as required by the state of
				West Virginia to work on a construction project or as required by the contract
				with the public authority and who is from the local labor market.
2.12. "Violation" means the employer's
				failure to meet the local labor market requirements of section 4 of the Act or
				the employer's failure to comply with the terms of a waiver issued by WorkForce
				West Virginia, and which is determined by the number of employees needed on a
				daily basis to meet the 75% local labor market requirement.
2.13. "Waiver" or "waiver certificate" means
				the written document issued by WorkForce West Virginia to an employer, after
				receipt of a properly completed job order, that states that WorkForce is unable
				to refer the number of qualified applicants requested, that there are no
				applicants available, and that the employer is permitted to fill a specific
				number of positions from outside the local labor market who meet specific
				criteria.
2.14. "WorkForce West
				Virginia" or "WorkForce"includes all local offices located throughout the state
				and whose contact information can be found at
				workforcewv.org/about-us/contact-us.html.