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 42-7-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Where the word
				"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.
2.2. "Commissioner" means the Commissioner of
				Labor or his or her duly authorized representatives.
2.3. "Division" means the West Virginia
				Division of Labor.
2.4.
				"Maintenance Work" means the repair of existing facilities when the size, type
				or extent of such facilities is not thereby changed or increased.
2.5. "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.
2.6.
				"Public Work" means construction, reconstruction, demolition, improvement,
				enlargement, painting, decoration, alteration and/or repair work 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.
2.7. 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.
2.8. "Bona Fide" means that
				program which is made in good faith without interest of 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.
2.9. "Emergency" means an unforeseen
				combination of circumstances which calls for immediate action, and is
				synonymous with crisis, pinch, strait and necessity.
2.10. "Temporary" means lasting for a time
				only; existing or continuing for a limited time, not permanent.
2.11. "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
				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.
2.12. "Craft" means those special skills and
				trades which are recognized by custom and usage in the building and
				construction industry.
2.13.
				"Classification" means those specific categories of jobs which are performed
				within a "Craft" such as laborer who can be classified as a blacksmith,
				pipelayer, mucker-chucker, etc.
2.14. "Prevailing Wages," "Wage Rates,"
				"Minimum Wage Rates" and "Fair Minimum Wage Rates" 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.
2.15. "Fringe Benefits" means those benefits
				granted by an employer that involves a money cost without affecting basic wage
				rates which include compensation for holidays and fair minimum
				overtime.
2.16. "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 2.15 of this
				section.
2.17. "Authorized
				Deduction" means those deductions which are authorized by W. Va. Code
				'21-5-3.
2.18. "Holdback Pay" means the wages earned
				during the days between the end of the pay period and payday.
2.19. "Nonwillful Violations" means the
				results 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.