reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-05 - Wage Payment and Collection › Section 42-5-9 - Assignment Of Wages; Wage Garnishment Order

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. An employer shall have a written
				assignment of wages that conforms to the requirements set forth in W. Va. Code
				§
									21-5-3(e)
				on the form approved by the Commissioner prior to making any deductions, other
				than authorized statutory deductions, from an employee's wages.
9.2. For employees other than state
				employees, three-fourths or 75% of an employee's net wages shall at all times
				be exempt from assignment.
9.3. If
				a state employee has been overpaid his or her wages, the employee may
				voluntarily enter into a written wage assignment to repay the overpayment.
				One-fourth or 25% of a state employee's net wages shall at all times be exempt
				from assignment.
9.4. If an
				employer is served with a wage garnishment order payable from an employee's
				wages, and if the garnished amount exceeds 25% of the non-state employee's net
				wages, or if the garnished amount exceeds 75% of the state employee's net
				wages, the employer shall not enter into an assignment of wages with the
				employee while the garnishment order is in effect, and shall immediately
				terminate any on-going or active assignment of wages.
9.5. Authorized deductions for amounts
				required or allowed by law to be withheld, such as union or club dues, pension
				plans, payroll savings plans, credit unions, charities, or a hospitalization or
				medical insurance plan, are not required to be in any prescribed
				form.
9.6. If an employer deducts
				an authorized amount from an employee's wages pursuant to a valid assignment of
				wages, a valid written authorization or a valid wage garnishment order, but
				fails to pay that amount to the designated creditor or authorized plan, the
				deduction is an illegal deduction from the employee's wages.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-05 - Wage Payment and Collection › Section 42-5-10 - Employee Claim for Unpaid Wages or Other Violation of the Act; Investigation by the Division

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				An employee or former employee who reasonably believes that he or she is owed
				unpaid wages or that his or her employer has violated any provision of the Act
				or this rule, and who wants the Division to investigate his or her claim, shall
				submit a request for assistance ("RFA") to the Director, and provide the
				information and documents in support of the claim, including the following:
10.1.a. The claimant's complete contact
				information, including updates when applicable;
10.1.b. The name, address and telephone
				number of the claimant's employer;
10.1.c. The amount of wages the claimant
				reasonably believes is owed by the employer and why, or a statement explaining
				the employer's violation;
10.1.d. A
				brief description of the work the claimant is performing or has
				performed;
10.1.e. Copies of pay
				stubs, work schedules, personal calendars, or other documents that support the
				wage claim or other violation, if the claimant has them in his or her
				possession;
10.1.f. If applicable
				to the wage claim or other violation, a complete copy of the employer's written
				policies concerning the terms and conditions of employment, if the claimant has
				them in his or her possession; and
10.1.g. If applicable to the wage claim or
				other violation, a complete copy of the employer's commissions policy, if the
				claimant has them in his or her possession.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-06 - Psychophysiological Detection Of Deception Examinations, Limitations Of Use, Requirements, Licenses And Penalties › Section 42-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Pursuant to the authority granted to the Commissioner of Labor in W. Va. Code
				§
									21-5-5c
				and in accordance with the provisions of W. Va. Code §
									29A-1-1
				governs, clarifies and prescribe actions necessary to comply with W. Va. Code
				§§
									21-5-5a, -
				5b, - 5c, and - 5d.
1.2. Authority.
				-- W. Va. Code §§
									21-5-5c
				and
				29A-1-1.
1.3. Filing Date. -- May 4, 2004.
1.4. Effective Date. -- June 1,
				2004.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-06 - Psychophysiological Detection Of Deception Examinations, Limitations Of Use, Requirements, Licenses And Penalties › Section 42-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Commissioner"
				means the Commissioner of Labor or his or her duly authorized
				representative.
2.2. "Internship"
				means a course of study in the psychophysiological detection of deception, or
				similar tests and the administration of the tests by a trainee registered with
				the Commissioner of Labor. The program shall be under the personal supervision
				of a licensed examiner in accordance with a course of study prescribed by the
				Commissioner at the commencement of the internship.
2.3. "Intern" means a person registered with
				the Commissioner of Labor and enrolled in an approved internship
				program.
2.4. "Examiner" means a
				person holding a current valid license issued by the Commissioner of Labor to
				administer psychophysiological detection of deception or other similar tests as
				provided in W. Va. Code §§
									21-5-5a, -
				5b, - 5c, and - 5d.
2.5. "License"
				means documented authority to practice as a psychophysiological detection of
				deception examiner as issued by the Commissioner of Labor.
2.6. "Employee" means an individual employed
				by an employer; except in the area of drugs as provided in W. Va. Code §
									21-5-5(b),
				employees have direct access to drugs, other than ordinary drugs, as defined in
				chapter thirty of the West Virginia Code, in their daily routine job duties in
				an area utilized by such employee which facilities have been approved by the
				West Virginia Board of Pharmacy shall be the only employees of such employer
				who shall be subject to psychophysiological detection of deception
				tests.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-06 - Psychophysiological Detection Of Deception Examinations, Limitations Of Use, Requirements, Licenses And Penalties › Section 42-6-3 - License

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Examination
				required. -- After the effective date of this rule, the Commissioner shall
				issue a license only those persons who have satisfactorily passed an
				examination and who have otherwise met and complied with the requirements of
				this rule and W. Va. Code §§
									21-5-5a, -
				5b, - 5c and - 5c.
3.2. Form of
				request. -- An individual applying to be examined for an examiner's license
				under the provisions of this rule shall as a condition precedent to the
				examination furnish the Commissioner of Labor with the following:
(a) A completed application in writing on
				forms provided by the Commissioner, and containing the information required by
				the Commissioner to determine the eligibility of the applicant.
(b) A copy of the applicant's birth
				certificate and a recent photograph.
(c) A nonrefundable fee of one hundred
				dollars ($100).
(d) To qualify for
				a Class I license, satisfactory evidence that the applicant holds a
				baccalaureate degree and has graduated from a school of polygraphy accredited
				by the American Polygraph Association.
(e) To qualify for a Class II license,
				satisfactory evidence that the applicant holds an associate degree and has
				graduated from a school of polygraph accredited by the American Polygraph
				Association.
(f) Satisfactory
				evidence that the applicant has completed an approved internship
				program.
(g) Satisfactory
				indication that the applicant subscribes to the code of ethics and standards
				and principles of practice of the American Polygraph Association.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-06 - Psychophysiological Detection Of Deception Examinations, Limitations Of Use, Requirements, Licenses And Penalties › Section 42-6-4 - Internship Training

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Requirements to begin internship. -- An individual may begin the six (6) month
				internship program only if he or she:
(a) Is
				registered with the Commissioner as an intern;
(b) Files with the Commissioner the name and
				identifying information of his or her internship supervisor who must be an
				examiner licensed by the Commissioner;
(c) Files with the Commissioner a written
				statement from his or her internship supervisor agreeing to undertake the
				responsibility for the training and agreeing to abide by regulations and
				requirements adopted by the Commissioner;
(d) Obtains the Commissioner's permission to
				begin the internship program under the control of the proposed
				supervision;
(e) Is at least
				eighteen (18) years of age;
(f) Is
				a citizen of the United States;
(g)
				Has not been convicted of a felony or of a misdemeanor involving moral
				turpitude;
(h) Has not been
				released or discharged with other than honorable conditions from the armed
				services of the United States or that of any other nation; and
(i) Has been graduated from a polygraph
				school accredited by the American Polygraph Association.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-06 - Psychophysiological Detection Of Deception Examinations, Limitations Of Use, Requirements, Licenses And Penalties › Section 42-6-5 - Reciprocity

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Reciprocity
				requirements. -- The commissioner may issue a license without examination to an
				applicant who is a licensee examiner under the laws of another state or
				territory of the United States, upon payment of a fee of one hundred dollars
				($100), and the production of satisfactory proof that:
(a) The applicant is at least eighteen (18)
				years of age;
(b) He or she is a
				citizen of the United States;
(c)
				He or she has not been convicted of a misdemeanor involving moral turpitude or
				a felony;
(d) He or she has not
				been released or discharged with other than honorable conditions from the Armed
				Forces of the United States or that of any other nation;
(e) He or she has met equivalents of all
				educational and training requirements established by the Commissioner of
				Labor;
(f) The requirements for the
				licensing of examiners in the state or territory of the United States where the
				applicant is licensed, are substantially equivalent to the requirements in
				force in this State;
(g) The
				applicant had lawfully engaged in the administration of psychophysiological
				detection of deception examinations under the laws of the state or territory in
				which he or she is licensed for at least two (2) years prior to application for
				license in West Virginia; and
(h)
				The other state or territory grants similar reciprocity to license holders of
				this State.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-06 - Psychophysiological Detection Of Deception Examinations, Limitations Of Use, Requirements, Licenses And Penalties › Section 42-6-6 - Intervention; Employee Organizations

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Intervention; employee organization. --
				With the written consent of any individual who is or would be aggrieved by a
				violation or threatened violation of W. Va. Code §§
									21-5-5a, -
				5b, - 5c, and - 5d, any appropriate employee organization may bring civil
				action on behalf of the individual or may intervene in any civil
				action.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-06 - Psychophysiological Detection Of Deception Examinations, Limitations Of Use, Requirements, Licenses And Penalties › Section 42-6-7 - Standards of Accuracy

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Standards of accuracy for machines or other devices. -- Any equipment, machines
				or other devices used or to be used in the psychophysiological detection of
				deception or similar tests shall, in addition to criteria set forth in W. Va.
				Code §
									21-5-5A,
				be calibrated or checked for accuracy by the licensed examiner at least once
				every six (6) months in a manner which meets the manufacturer's specifications.
				A log recording the calibration shall be kept with the machine at all times and
				shall include the date of calibration, the specifications met, and the
				signature of the person performing the calibration. The psychophysiological
				detection of deception chart made in connection with the most recent
				calibration shall be kept with the log, and the chart shall contain a notation
				of the date, time and what action or adjustments were performed. The log and
				chart shall be made available to the Commissioner for examination at the
				examiner's business location upon request by the Commissioner.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-07 - Rules And Regulations For The WV Prevailing Wage Act › Section 42-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				Every contract to which the State of West Virginia, or any political
				subdivision thereof, or any authority created by the Legislature of the State
				of West Virginia, including any officer, board or commission or agency of the
				State of West Virginia, is a party, for construction, reconstruction,
				demolition, improvement, enlargement, painting, decoration, alteration and/or
				repair work (other than temporary or emergency repairs) which requires or
				involves the employment by any contractor or subcontractor of laborers,
				mechanics, skilled and semiskilled laborers and apprentices, in the
				performances of services directly upon the public work project must include in
				its specifications a provision stating the Fair Minimum Wage Rates as
				determined by the Commissioner of Labor, which shall be paid for each craft or
				classification of all workmen needed to perform the contract in the locality in
				which the public work is performed.
Every person paid by a contractor or a subcontractor in the
				  manner prescribed by law under W. Va. Code '21-5 et seq. for his or her labor
				  in the construction, reconstruction, demolition, alteration and/or repair work
				  (other than temporary or emergency repairs) done under a bona fide
				  rehabilitation program or a bona fide manpower training program is "Employed"
				  and "Receiving Wages."
Work performed under a bona fide rehabilitation program
				  arranged by and at a state institution primarily for teaching and upgrading the
				  skills and employment opportunities of the inmates of such institutions is not
				  to be considered public work performed by a public body as defined in the Act
				  and these regulations.
1.2.
				Authority. -- W. Va. Code '21-5A.
1.3. Filing Date. -- December 31,
				1982.
1.4. Effective Date. --
				December 31, 1982.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-07 - Rules And Regulations For The WV Prevailing Wage Act › Section 42-7-4 - Duty Of The Public Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any public authority authorized to let
				to contract the construction of a public improvement shall before advertising
				for bids for construction thereof, the fair minimum rates of wages to be paid
				by the successful bidder to the workmen in the various categories, branches or
				classes of the construction to be performed; and such schedule of wages shall
				be attached to and made a part of the specifications for the construction and
				shall be printed on the bidding blanks.
4.2. The public authority shall submit a
				certified statement to the Commissioner when the contract is awarded to the
				effect that wage schedules had been attached to specifications and bidding
				blanks and made a part of the contract. The certification shall also include a
				statement of the cost, the name of the contractor, the starting date of the
				project and estimated time for completion.
4.3. The final payment to the contractor
				shall be withheld until such time as the public authority, who is charged with
				the disbursement of the funds has ascertained and so certified to the
				Commissioner that the wage rates as determined by the Commissioner are paid.
				Further, final payment shall be withheld if the Commissioner notifies public
				authority that the contractor is in violation of the Act or these
				regulations.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-07 - Rules And Regulations For The WV Prevailing Wage Act › Section 42-7-6 - Posting Of Wage Rates

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				contractors and subcontractor(s) on the public work project shall post, in a
				prominent and easily accessible place, a clearly legible statement of all fair
				minimum rates to be paid the several classes of workmen employed on the public
				improvement.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-07 - Rules And Regulations For The WV Prevailing Wage Act › Section 42-7-7 - Records And Inspection

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				The contractor and each subcontractor or the officer of the public authority in
				charge of the construction of a public improvement shall keep an accurate
				record.
There is no mandatory format; however, all payrolls must
				  contain the following information:
(a)
				The employee's full name, address and social security number (This is necessary
				on the first payroll on which his or her name appears; thereafter, only his or
				her name, unless a change of name or address.);
(b) The employee's classification;
(c) The employee's hourly wage rate and,
				where applicable, his or her overtime hourly wage rate;
(d) The daily and weekly hours worked in each
				classification, including actual overtime hours worked (not
				adjusted);
(e) The itemized
				deductions made;
(f) The net wages
				paid;
(1) If space on the payroll form is
				limited, supplemental data may be recorded, if it is easily accessible to the
				payroll form.
(2) Appropriate codes
				are permissible to replace classification names on payrolls: Provided, That a
				key to such code is submitted to the Commissioner for retention in his or her
				files.
(3) All records pertaining
				to the Public Improvement Project shall be preserved for a period of no less
				than three (3) years.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-07 - Rules And Regulations For The WV Prevailing Wage Act › Section 42-7-8 - Penalties For Violation Of Act

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any contractor or subcontractor who
				willfully and knowingly violates any provision of the Act or these regulations
				shall be fined not less than fifty dollars ($50.00) nor more than two hundred
				fifty dollars ($250.00).
8.2. Any
				workmen, on the public improvement, who is paid less than the posted fair
				minimum rate of wages, may recover from his or her employer the difference
				between the same and the posted rate, plus a penalty equal in amount to such
				difference, and a reasonable attorney's fee or fees. The venue of such action
				shall be in the county where the work is performed.
8.3. It shall be unlawful for any person,
				whether personally or for another, to request, demand or receive, either before
				or after workmen are employed on a public work project, that they (workmen) pay
				back, return, donate, contribute or give any part or all of their wages, or
				thing of value to any person, upon the statement, representation or
				understanding that failure to comply with such request or demand will prevent
				them or any one of them from procuring or retaining employment; and any person
				who directly or indirectly aids, requests or authorizes such a violation shall
				also be guilty of a misdemeanor and fined not less than fifty dollars ($50.00)
				nor more than two hundred fifty dollars ($250).
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-07 - Rules And Regulations For The WV Prevailing Wage Act › Section 42-7-9 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Each section
				and subsection of the Act and these regulations is hereby declared to be an
				independent section or subsection, and if any section, subsection, sentence,
				clause or phrase of the Act or these regulations shall for any reason be held
				unconstitutional, the validity of the remaining phrases, clauses, sentences,
				subsections and sections shall not be affected thereby.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-07 - Rules And Regulations For The WV Prevailing Wage Act › Section 42-7-10 - Amendments Or Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Any person wishing a revision of any of the terms of the regulations in this
				part with respect to classifications or any other pertinent facts may submit to
				the Commissioner a written petition setting forth the changes desired and the
				reasons for proposing them.
10.2.
				The Commissioner, upon inspection of the petition and believing that the
				grounds are reasonable, may schedule a hearing with due notice to interested
				persons, or make other provisions for affording interested persons an
				opportunity to present data, views and arguments relating to any proposed
				changes.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-07 - Rules And Regulations For The WV Prevailing Wage Act › Section 42-7-11 - Adopted Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Definitions have been adopted as follows:
(a)
				"Highway Construction" work is defined as all work ordinarily included in
				highway construction projects. It includes highway tunnels, bridges, highway
				and street grading, paving and drainage, culverts, manholes, water and other
				utility pipelines (when included in the contract), sidewalks (when included in
				the contract), retaining walls, underpasses and overpasses (when included in a
				highway contract), highway viaducts, clover-leaf structures, curbs and
				sidewalks, seeding and landscaping, clearing (when included in the contract),
				guard rails and fences, and including the erection, dismantling, operation
				maintenance and repair of all equipment, vehicles and other facilities used in
				connection with or serving the aforementioned work.
(b) "Heavy Construction and Railroad
				Construction" is defined as construction, substantially in its entirety, any
				fixed structures, improvement or modification thereof, addition or repair
				thereto, including any structure or operation which is an incidental part of a
				contract thereof (not including building or highway construction), including
				without limitation, railroad and street railway construction projects, sewers
				and watermains, retaining walls, viaducts, drainage projects, flood control
				projects, reclamation projects, airports, athletic fields, reservoirs, water
				supply projects, water power developments, hydroelectric developments,
				transmission lines, duct lines, pipe lines, locks, dams, dikes, levees,
				revetments, channels, channel cutoffs, intakes, dredging projects, jetties,
				breakwaters, docks, harbors, roads, bridges, parking lots, sidewalks, building
				construction sites, industrial plant sites, sewage disposal and water treatment
				plants, excavation and disposal of earth and rock, including the assembly,
				operation, maintenance and repair of all equipment, vehicles and other
				facilities used in connection with or servicing the aforementioned works and
				services.
(c) "Building
				Construction" - Building trades rates and conditions shall apply to any
				building which may be required in the construction, renovation or demolition of
				any of the work included where such buildings are customarily constructed under
				building trades conditions.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-07 - Rules And Regulations For The WV Prevailing Wage Act › Section 42-7-12 - Coverage Of Specific Classes Of Work

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Coverage of specific classes of work is
				defined as follows:
(a) Exploratory drilling:
(1) Where the drilling was for the purpose of
				obtaining core borings to be used in engineering studies and planning the work,
				"Works" refers to improvements, such as buildings, canals or roads, rather than
				to refer to progress or activity. Consequently, mere digging would not appear
				to be within the term, because it relates to an activity as distinguished from
				a product or improvement.
(2) Where
				the soil samples are taken prior to or during construction for the construction
				contractor for the purpose of setting foundations, the Commissioner of Labor
				has held that contracts for such work are considered covered by the prevailing
				wage law if they may be fairly characterized as being directly related and
				incidental to or an integral part of the actual construction process.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-08 - Minimum Wages, and Maximum Hours, and Overtime Compensation › Section 42-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule sets forth criteria for employer and employee exemptions, determination of
				compensable time, employer credits and all other matters concerning minimum
				wages, maximum hours, and overtime compensation pursuant to the Minimum Wage
				and Maximum Hours Standards for Employees Act, W. Va. Code §
									21-5C-1
et
				seq
.
1.2. Authority. -- W.
				Va. Code §
									21-5C-1(h),
				§
									21-5C-4, and §
									21-5C-6(a).
1.3. Filing Date. -- March 29,
				2024.
1.4. Effective Date. -- May
				1, 2024.
1.5. Sunset Date. -- This
				rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-08 - Minimum Wages, and Maximum Hours, and Overtime Compensation › Section 42-8-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				This rule applies to all persons, employers, and employees governed or
				otherwise within the purview of the Minimum Wage and Maximum Hours Standards
				for Employees Act, W. Va. Code §
									21-5C-1
et
				seq
.
2.2. Pursuant to W.
				Va. Code §
									21-5C-1(e), the
				provisions of this rule relating to maximum hours and overtime compensation are
				not enforceable against or applicable to any individual, partnership,
				association, corporation, person or group of persons, or similar unit if 80% of
				the persons employed by him or her are subject to any federal act relating to
				maximum hours and overtime compensation.
2.3. Enforcement. The enforcement of this
				rule is vested in the West Virginia Division of Labor.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-08 - Minimum Wages, and Maximum Hours, and Overtime Compensation › Section 42-8-4 - Establishment of a Workweek; Required Employee Notification of Changes; Minimum Wage Poster

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An
				employer shall establish a workweek for all employees, consisting of seven
				consecutive work days, totaling 168 consecutive hours.
4.2. An employer may establish a workweek
				that begins on any day of the week and at any hour of the day.
4.3. If an employer alters an employee's
				workweek, the employer shall provide the employee with at least one full pay
				period's notice of the change.
4.4.
				The Division shall develop an abstract of the Act, and shall make it available
				on the Division's website or provide it free of charge upon request.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-08 - Minimum Wages, and Maximum Hours, and Overtime Compensation › Section 42-8-5 - Employers Subject to the Minimum Wage Provisions of the Act

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Employers
				shall be subject to the minimum wage provisions of the Act if the employer
				employs six or more employees during any calendar week in any one separate,
				distinct, and permanent location and falls into one of the following
				categories:
5.1.1. The State of West Virginia,
				its agencies, departments, and political subdivisions;
5.1.2. An individual, partnership,
				association, public or private corporation; or
5.1.3. A person or group of persons acting
				directly or indirectly in the interest of any employer in relation to an
				employee.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-08 - Minimum Wages, and Maximum Hours, and Overtime Compensation › Section 42-8-6 - Employers Exempt from the Maximum Hour and Overtime Provisions of the Act

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The following
				employers are exempts from the provisions of the Act if 80% or more of their
				employees are subject to any federal act relating to maximum hours and overtime
				compensation:
6.1.1. The State of West
				Virginia, its agencies, departments, and political subdivisions; and
6.1.2. An individual, partnership,
				association, public or private corporation, or any person or group of persons
				acting directly or indirectly in the interest of any employer in relation to an
				employee.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-08 - Minimum Wages, and Maximum Hours, and Overtime Compensation › Section 42-8-7 - Employer Use of Employee Volunteers Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
An employer may not require or permit an employee to
				  volunteer his or her services in any activity that is a normal and regular part
				  of the employee's job duties.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-08 - Minimum Wages, and Maximum Hours, and Overtime Compensation › Section 42-8-8 - Employee Exemptions from Coverage of the Act

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Division shall determine whether an
				employee is covered by the Act and this rule based on the employee's actual,
				customary, and regular job duties that he or she performs during any given
				workweek, and not based upon the employee's job title.
8.2. An employee of the United States is
				exempt from coverage of the Act as long as he or she is directly employed by an
				agency or department of the federal government.
8.3. An individual who is a volunteer is
				exempt from coverage of the Act.
8.4. An individual who delivers newspapers,
				shines shoes, caddies at a golf course, or sets pins at a bowling alley is
				exempt from coverage of the Act.
8.5. An individual performing services for,
				or who is otherwise employed by, his or her parent, child, or spouse is exempt
				from coverage of the Act.
8.6. An
				individual engaged in making outside sales is exempt from coverage of the Act
				if he or she meets the following tests:
8.6.1.
				The employee is customarily and regularly engaged away from his or her
				employer's place or places of business; and
8.6.2. The employee's primary duty is in
				making sales, or in obtaining orders or contracts for services or for the use
				of facilities for which a client or customer pays consideration.
8.6.3. An individual who is training to work
				in outside sales but who is not independently working on his or her own is not
				exempt from coverage of the Act.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-08 - Minimum Wages, and Maximum Hours, and Overtime Compensation › Section 42-8-9 - Record-keeping Requirements; Contents of Employee Records; Employee Pay Stub Information

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. An
				employer shall maintain written payroll and employment records for exempt
				employees as required by W. Va. Code §
									21-5-9.
9.2. An employer shall maintain written
				payroll and employment records for non-exempt employees that contain the
				following:
9.2.1. The employee's full
				name;
9.2.2. The employee's home
				address;
9.2.3. The employee's
				occupational title or job classification;
9.2.4. The employee's regular rate of pay,
				whether hourly, by piece rates, by commission, etc;
9.2.5. The employee's total hours worked each
				workday and total hours worked each workweek;
9.2.6. The time of day and the day of the
				week that the employee's workweek begins;
9.2.7. The employee's total weekly regular
				wages and total overtime wages earned each pay period;
9.2.8. The employee's itemized deductions for
				each pay period; and
9.2.9. The
				date of payment and pay period covered.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-08 - Minimum Wages, and Maximum Hours, and Overtime Compensation › Section 42-8-10 - Place for Keeping Employee Records

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. An employer shall keep the employee
				records required by the Act and this rule in a safe, secure, and accessible
				location at the place or places of employment, or at one or more established
				central record-keeping offices where employee records are customarily
				maintained.
10.2. Employee records
				shall be open at reasonable times to the Division for inspection, examination,
				copying, photographing, or otherwise reproducing in order to ensure compliance
				with the Act and this rule.
10.3.
				When employee records are maintained at a central record-keeping office, other
				than in the place or places of employment, upon receipt of written notice from
				the Commissioner, an employer shall make employee records available to the
				Division within five business days.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-08 - Minimum Wages, and Maximum Hours, and Overtime Compensation › Section 42-8-11 - Determination of Compensable Time for Non-Exempt Employees

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. An employer shall include all hours
				worked by an employee as compensable time. An employer may exclude non-work
				time from compensable time.
11.2.
				An employer shall include as compensable time the time an employee spends
				changing clothes or washing, when such activities are required by law or by the
				employer for safety, decontamination, or production reasons.
11.3. Employee break time and meal time.
11.3.1. When an employer authorizes one or
				more employee break times or meal times of 20 consecutive minutes or less
				during a work day, the employer shall treat the break time or meal time as
				compensable time.
11.3.2. When an
				employer authorizes one or more employee break times or meal times, typically
				of 30 consecutive minutes or more during a work day, the employer may treat the
				break time or meal time as non-work time.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-08 - Minimum Wages, and Maximum Hours, and Overtime Compensation › Section 42-8-12 - Criteria for Determining Employer Credits Toward the Minimum Hourly Wage; No Credit for Uniforms

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Tip
				credit.
12.1.1. An employer shall be entitled
				to take a tip credit equal to 70% of the minimum wage for all hours worked by a
				service employee, as long as the service employee receives tips or gratuities
				equal to at least 70% of the current minimum wage for all hours
				worked.
12.1.2. When a service
				employee spends more than 20% of his or her time during a workweek performing
				duties for which he or she does not receive tips, such as cleaning or setting
				tables, making coffee, etc., an employer shall pay the employee at least the
				full minimum wage, without taking a tip credit, for the time the employee
				spends performing such duties.
12.1.3. An employer shall be entitled to take
				a tip credit equal to 70% of the minimum wage for all hours worked by a dual
				job employee as a service employee, as long as the employee receives tips or
				gratuities equal to at least 70% of the current minimum wage.
12.1.4. An employer shall pay a dual job
				employee at least the full minimum wage, without taking a tip credit, for all
				hours worked by the employee as a non-service employee.
12.1.5. In order to take the tip credit, an
				employer shall have written tip records completed by the employee and, in
				addition to the tip records, an employer shall have a record of the time worked
				by a dual job employee as a service employee.
12.1.5.a. The employee's report of tips shall
				specify the time period in which the tips were received, the amount of cash
				tips received, the amount of credit or debit card tips received, the amount of
				tips paid out, and the amount of net tips retained by the employee. The
				employee shall sign and date the report.
12.1.5.b. An employee may use IRS Form 4070,
				"Employee's Report of Tips to Employer," IRS Form 4070A, "Employee's Daily
				Record of Tips," or any other form that contains the information required by
				subsection 12.1.5.a of this section.
12.1.6. An employer shall not be entitled to
				take a tip credit for a non-service employee.
12.1.7. If an employer taking a tip credit
				permits tip-sharing or tip pooling, the employer shall divide the shared or
				pooled tips among only service employees and dual job employees working as
				service employees, and shall ensure that the employees individually document
				the amount of tips paid out.
12.1.8. An employer taking a tip credit shall
				not be entitled to receive any shared or pooled tips.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-08 - Minimum Wages, and Maximum Hours, and Overtime Compensation › Section 42-8-13 - Employee Claim for Unpaid Wages or Other Violation of the Act; Investigation by the Division

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. An
				employee or former employee who reasonably believes that he or she has been
				paid in violation of any provision of the Act or this rule, and who wants the
				Division to investigate his or her claim, may submit a request for assistance
				to the Division, and provide the Division with the necessary information and
				documents in support of such claim, including the following:
13.1.1. The claimant shall provide his or her
				complete contact information, including updates when applicable;
13.1.2. The claimant shall provide the name,
				address, and telephone number of his or her employer;
13.1.3. The claimant shall provide the amount
				of wages he or she reasonably believes the employer owes and why, or a
				statement explaining the employer's alleged violation;
13.1.4. The claimant shall provide a brief
				description of the work he or she is performing or has performed;
13.1.5. The claimant may provide copies of
				pay stubs, work schedules, personal calendars, or other documents that support
				the alleged violation, if the claimant has these in his or her
				possession;
13.1.6. If applicable
				to the wage claim or other violation, the claimant shall provide a complete
				copy of the employer's written policies concerning the terms and conditions of
				employment, if the claimant has these in his or her possession; and
13.1.7. If applicable to the wage claim or
				other violation, the claimant shall provide a complete copy of the employer's
				commissions policy, if the claimant has these in his or her
				possession.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-08 - Minimum Wages, and Maximum Hours, and Overtime Compensation › Section 42-8-14 - Claimant's Responsibility to Enforce the Commissioner's Final Order for Wages Owed

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. When the
				Commissioner's order becomes a final order, and if the employer fails to pay
				the claimant his or her wages as determined by the Commissioner, the Division
				shall notify the claimant.
14.2.
				The claimant shall be responsible for seeking enforcement of the Commissioner's
				final order, by filing a petition in the Circuit Court or Magistrate Court of
				Kanawha County, or other county as permitted by statute.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-09 - Child Labor Rule › Section 42-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule is for the
				enforcement of all matters concerning the Child Labor Act, W. Va. Code
				§21-6-1
et seq
.
1.2. Authority. -- W. Va. Code
				§21-6-11.
1.3. Filing Date. --
				March 31, 2022.
1.4. Effective
				Date. -- May 1, 2022.
1.5. Sunset
				Provision. -- This rule shall terminate and have no further force or effect on
				August 1, 2027.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-09 - Child Labor Rule › Section 42-9-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This legislative rule applies to all persons, employers,
				employees, and minor children governed or otherwise within the purview of the
				Child Labor Act, W. Va. Code §21-6-1
et seq
.
2.2. Enforcement. The enforcement of the
				Child Labor Act, W. Va. Code §21-6-1
et seq
. and this
				legislative rule is vested in the West Virginia Division of Labor.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-09 - Child Labor Rule › Section 42-9-4 - Commissioner's Determination Regarding Occupations that are Dangerous or Injurious to a Minor

Current through Register Vol. XLI, No. 28, July 12, 2024
Pursuant to W. Va. Code §21-6-2, when the Commissioner
				  determines whether an occupation is dangerous or injurious to a child, he or
				  she shall consider any applicable general guidance, interpretive guidance, fact
				  sheets, opinion letters, and child labor rules published, issued, or
				  promulgated by the United States Department of Labor, including, but not
				  limited to, the Hazardous Occupation Orders in 29 C.F.R. §§570
				  through 570.55 and 570.57 through 570.68, or any other information that he or
				  she deems necessary and relevant.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-09 - Child Labor Rule › Section 42-9-5 - Application for and Issuance of a Work Permit for a 14 or 15 Year Old Minor

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. When a 14 or 15 year old minor wants to
				work in a permissible occupation under the Act and this rule, the minor's
				prospective employer shall complete the work permit form, available from the
				county board of education and the Division's website (labor.wv.gov), in
				accordance with subsection 5.2 of this section.
5.2. The Division's work permit form consists
				of four parts, as follows:
5.2.1. The
				prospective employer shall complete Part A and include a description of the
				minor's:
5.2.1.a. intended work activities and
				any equipment or machines the minor will use;
5.2.1.b. intended hours of
				employment;
5.2.1.c. total hours of
				work per day and per week; and
5.2.1.d. total work days per
				week;
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-09 - Child Labor Rule › Section 42-9-6 - Employer Responsibilities When Employing a 14 or 15 Year Old Minor Pursuant to a Work Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Before
				allowing or permitting a 14 or 15 year old minor to work, an employer shall
				first have in his or her possession a properly issued work permit as set forth
				in W. Va. Code §21-6-4 and this rule.
6.2. An employer is responsible for complying
				with the terms and conditions of the minor's employment as set forth in the
				work permit.
6.3. When school is in
				session, an employer shall ensure that the minor does not work:
6.3.1. Before 7 a.m. or after 7
				p.m.;
6.3.2. For more than three
				hours a day; or
6.3.3. For more
				than a total of 18 hours per week during a school week.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-09 - Child Labor Rule › Section 42-9-7 - Work Permit for a Minor Under 14 Years of Age

Current through Register Vol. XLI, No. 28, July 12, 2024
The Commissioner may approve a work permit for a minor under
				  14 years of age only when the minor plans to work in the school he or she
				  regularly attends and only during regular school
				  hours.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-09 - Child Labor Rule › Section 42-9-8 - Application for and Issuance of an Age Certificate for a 16 or 17 Year Old Minor

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A
				prospective employer may obtain the Division's age certificate form for a 16 or
				17 year old minor from the county board of education or the Division's website
				(labor.wv.gov), and shall provide the employer's name and address, a brief
				description of the employer's business or industry, and a brief description of
				the minor's occupation or job.
8.2.
				The minor shall furnish a certified birth certificate to the county
				superintendent as proof of his or her age. A copy of a certified birth
				certificate may satisfy this requirement.
8.3. Upon receipt of the minor's certified
				birth certificate establishing that he or she is 16 years old or older, and a
				determination that the employer's business or industry and the minor's
				occupation or job are permissible under the Act and this rule, the county
				superintendent, authorized person, or issuing administrator shall issue an age
				certificate to the employer.
8.4.
				The county superintendent, authorized person, or issuing administrator shall
				retain the original age certificate, and shall provide copies to the Division,
				the minor's parent, and the minor's employer.