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Article 1. Division of Labor
§21-1-1. Creation, Control and Management of Department - There shall be a state department of labor, which shall...
§21-1-2. Appointment of Commissioner of Labor; Qualifications; Term of Office; Salary - The state Commissioner of Labor shall be appointed by the...
§21-1-3. Inspections by Commissioner; Duties and Records of Employers; Commissioner May Appoint Assistants - The commissioner of labor and his or her authorized representatives...
§21-1-4. Annual Report to Governor; Collection of Statistical Information - It shall be the duty of the commissioner of labor...
§21-1-5. Continuation of Division - Pursuant to article ten, chapter four of this code, the...
§21-1-6. Use of Criminal Records as Disqualification From Authorization to Engage in Licensed Profession or Occupation - (a) The commissioner may not disqualify an applicant from initial...
Article 1A. Labor-Management Relations Act for the Private Sector
§21-1A-1. Public Policy and Purposes of Article; Mediation; Investigation and Mediation by Commissioner of Certain Labor Disputes; Arbitration; Construction of Article - (a) It is hereby declared to be the public policy...
§21-1A-2. Definitions; Determination of Agency - (a) When used in this article: (1) "Person" includes one...
§21-1A-3. Rights of Employees - Employees shall have the right to self-organization, to form, join...
§21-1A-4. Unfair Labor Practices - (a) It shall be an unfair labor practice for an...
§21-1A-5. Representatives and Elections - (a) Representatives designated or selected for the purposes of collective...
§21-1A-6. Prevention of Unfair Labor Practices - (a) The board is empowered, as hereinafter provided, to prevent...
§21-1A-7. Suits by or Against Labor Organizations - (a) Suits for violation of contracts between an employer and...
§21-1A-8. Severability - If any provision of this article, or the application of...
Article 1B. Verifying Legal Employment Status of Workers
§21-1B-1. Findings; Policy - The Legislature finds that employers have the responsibility to verify...
§21-1B-2. Definitions - (a) "Employer" means any individual, person, corporation, department, board, bureau,...
§21-1B-3. Unauthorized Workers; Employment Prohibited - (a) It is unlawful for any employer to knowingly employ,...
§21-1B-4. Record-Keeping Requirements; Employer Compliance - Every employer, firm and corporation shall make such records of...
§21-1B-5. Penalties - (a) Any employer who knowingly and willfully fails to maintain...
§21-1B-6. Denial of Deductible Business Expense - On or after January 1, 2008, no wages or remuneration...
§21-1B-7. Suspension or Revocation of License - (a) If, upon examination of the record or records of...
§21-1B-8. Citation for Violation - (a) If, upon inspection or investigation, the commissioner believes that...
Article 1C. West Virginia Jobs Act
§21-1C-1. Short Title - This article shall be called the "West Virginia Jobs Act".
§21-1C-2. Definitions - As used in this article: (1) The term “commissioner” means...
§21-1C-3. Legislative Findings; Statement of Policy - The Legislature finds that the rate of unemployment in this...
§21-1C-4. Local Labor Market Utilization on Public Improvement Construction Projects; Waiver Certificates - (a) Employers shall hire at least seventy-five percent of employees...
§21-1C-5. Applicability and Scope of Article; Reporting Requirements - (a) This article applies to expenditures for construction projects by...
§21-1C-6. Penalties for Violation of Article, Notice of Violations; Administrative Remedies - (a) If, after inspection or investigation, the commissioner determines that...
Article 1D. West Virginia Alcohol and Drug-Free Workplace Act
§21-1D-1. Short Title - This article shall be called the West Virginia Alcohol and...
§21-1D-2. Definitions - (a) The term "alcohol test" means a procedure conducted to...
§21-1D-3. Statement of Policy - It is hereby declared to be the policy of the...
§21-1D-4. Drug-Free Workplace Policy Required for Public Improvement Construction - Except as provided in section eight of this article, no...
§21-1D-5. Employee Drug-Free Workplace Policy Required to Bid for a Public Improvement Contract - After July 1, 2008, any solicitation for a public improvement...
§21-1D-5a. Drug-Free Workplace Policy Not Applicable to Workers Required to Follow Federal Department of Transportation Drug Testing Guidelines - In instances where a worker is required by law to...
§21-1D-6. Drug-Free Workplace Written Policy to Be Kept Posted - A clearly legible copy of the contractor's written drug-free workplace...
§21-1D-7. Drug-Free Workplace Records and Contents Open for Inspection - Every contractor shall keep an accurate record showing the names,...
§21-1D-7a. Confidentiality; Test Results Not to Be Used in Criminal and Administrative Proceedings - All drug testing information specifically related to individual employees is...
§21-1D-7b. Contractor to Provide Certified Drug-Free Workplace Report - No less than once per year, or upon completion of...
§21-1D-8. Penalties for Violation of This Article - (a) Any contractor who violates any provision of this article...
§21-1D-9. Existing Contracts - This article applies only to contracts for construction on public...
Article 1E. Career Training Education and Apprenticeships
§21-1E-1. Declaration of Purpose - The provisions of this article are intended to facilitate certification...
§21-1E-2. Definitions - As used in this article and the legislative rules promulgated...
§21-1E-3. Recognition of Training and Apprenticeships - Beginning July 1, 2019, applicants for certification or licensure shall...
§21-1E-4. Rule-Making Authority - The Commissioner of Labor shall, after consultation with the State...
Article 2. Employment Agencies
§21-2-1. Purpose of Agency; No Fees Charged - §21-2-1. Purpose of agency; no fees charged. The commissioner of...
§21-2-2. Cooperation From Federal Government - The commissioner of labor may accept cooperation from the federal...
§21-2-3. Duty and Authority of Commissioner - It shall be the duty of the commissioner of labor...
§21-2-4."Employment. Agent" Defined - §21-2-4."Employment agent" defined. The term "employment agent" shall mean and...
§21-2-5. Rules and Regulations Prescribed by Commissioner of Labor - The commissioner of labor shall prescribe such rules and regulations...
§21-2-6. False Statements or Withholding of Information Prohibited - No employment agent or any employee or agent thereof, shall...
§21-2-7. License Required; Displaying License; Annual Tax - No employment agent shall engage in the business for profit...
§21-2-8. Licenses Issuable Only to Citizens of United States - License to operate as an employment agent shall be issued...
§21-2-9. Refusal to Issue License - The State Tax Commissioner shall refuse to issue a license...
§21-2-10. Revocation of License - The State Tax Commissioner may revoke any license issued under...
§21-2-11. Records to Be Kept; Reports to Commissioner of Labor - A record of all persons directed to employment shall be...
§21-2-12. Commissioner of Labor May Enter Offices and Examine Records - For the purpose of enforcing this article and the rules...
§21-2-13. No Employment in Violation of Child Labor or Compulsory School Attendance Laws - No employment agent shall furnish employment to any child in...
§21-2-14. Offenses; Penalties; Jurisdiction - Any employment agent, as defined in this article, carrying on...
§21-2-15. Employers Exempt From Provisions of Article - Nothing contained in this article shall apply to, nor prevent...
Article 3. Safety and Welfare of Employees
§21-3-1. Employers to Safeguard Life, etc., of Employees; Reports and Investigations of Accidents; Orders of Commissioner - Every employer shall furnish employment which shall be reasonably safe...
§21-3-2. Guarding Machinery and Dangerous Places; Standards for Construction of Scaffolding, Hoists and Temporary Floors; First Aid Equipment - All power-driven machinery, including all saws, planers, wood shapers, jointers,...
§21-3-3. Guarding Shafts, Hatchways, Wheel Holes, Elevators and Electrical Apparatus; Requiring Correction of Unsafe Conditions - All hoistways, hatchways, elevators, wells and wheel holes in factories,...
§21-3-3a. National Electrical Code Minimum Standards - In every factory, mercantile establishment, mill or workshop, the installation,...
§21-3-4. Removal of Safeguards - No person shall remove or make ineffective any safeguard required...
§21-3-5. Control of Machinery - In every factory, mercantile establishment, mill or workshop, effective means...
§21-3-6. Stairways, Passageways and Lights; Overloading Floors or Walls; Space Between Machines - In all factories, mercantile establishments, mills or workshops, proper and...
§21-3-7. Regulation of Operation of Steam Boilers - (a) Any person owning or operating a steam boiler carrying...
§21-3-8. Smoking Where Prohibited by Sign - Every person who shall light a pipe, cigar or cigarette...
§21-3-9. Fire Escapes - In all factories, mercantile establishments, mills or workshops, sufficient and...
§21-3-10. Food or Meals in Factories - No employee shall take or be allowed to take food...
§21-3-10a. Meal Breaks - During the course of a workday of six or more...
§21-3-11. Seats for Female Employees - Every person, firm or corporation employing females in any factory,...
§21-3-12. Water Closets - Every factory, mercantile establishment, mill or workshop shall be provided...
§21-3-13. Washing Facilities and Dressing Rooms - In all factories, mercantile establishments, mills or workshops, adequate washing...
§21-3-14. Power of Commissioner as to Witnesses; Prosecution of Offenses; Penalties; Jurisdiction; Exemption of Coal Mining Operations; Recovery of Civil Penalties - The commissioner of labor or any authorized representative of the...
§21-3-15. Records and Reports of Commissioner, Inspectors and Chief Clerk - The commissioner of labor, inspectors and chief clerk shall make...
§21-3-16. Inclosure of Streetcar Platforms - It shall be unlawful for any person, firm or corporation...
§21-3-17. Employers Not to Require Payment of Fees for Medical Examination as Condition of Employment; Enforcement - (a) The term "employer," as used in this section, shall...
§21-3-18. Hazardous Chemical Substances; Notice to Employees; Reports to Commissioner; Penalties - (a) It is declared the policy of this state to...
§21-3-19. Discrimination for Use of Tobacco Products Prohibited - (a) It shall be unlawful for any employer, whether public...
§21-3-20. Use of Video and Other Electronic Surveillance Devices by Employers Prohibited - (a) It is unlawful for any employer or the agent...
§21-3-21. Special Revenue Fund for the Division of Labor; Authorized Deposits; Disbursements; Purpose - There is hereby created in the state Treasury a special...
§21-3-22. Osha Construction Safety Program - (a) For the purposes of this section: (1) "Business entity"...
Article 3A. Occupational Safety and Health Act
§21-3A-1. Short Title - This article shall be known and cited as the "West...
§21-3A-1a. Legislative Policy - The Legislature finds that the safety and health of public...
§21-3A-2. Definitions - As used in this chapter, unless the context clearly indicates...
§21-3A-3. Division of Occupational Safety and Health; Coordination of Activities With Workers' Compensation Commission - (a) There is continued in the labor department a division...
§21-3A-4. Application of Article - (a) This article applies to all public employers, public employees...
§21-3A-5. Duties of Employer and Employee - (a) Each employer shall furnish to each of his employees...
§21-3A-6. Rules - In the rules adopted under the authority of this article,...
§21-3A-7. Adoption of Federal and State Standards; Variances - (a) The commissioner, on or before July 1, 1987, shall...
§21-3A-8. Inspections and Investigations; Records - (a) In order to carry out the purposes of this...
§21-3A-9. Citation for Violation - (a) If, upon inspection or investigation, the commissioner or his...
§21-3A-11. Notice to Employer of Contest Period; Action by Commissioner; Action by Review Commission - (a) If, after inspection or investigation, the commissioner issues a...
§21-3A-12. Appeal From Review Commission - Any employer or employee, or the commissioner, adversely affected or...
§21-3A-13. Discrimination Against Employee Filing Complaint - (a) No employer may discharge or in any manner discriminate...
§21-3A-14. Enjoining of Conditions or Practices at Places of Employment; Mandamus Against Commissioner for Failure to Act - (a) The circuit court of Kanawha County or the circuit...
§21-3A-15. Research and Demonstration Projects - The commissioner shall conduct research and undertake demonstration projects relating...
§21-3A-16. Education Program - (a) The commissioner shall conduct directly or by grants or...
§21-3A-17. Reports to United States Secretary of Labor - In regard to the administration and enforcement of this article,...
§21-3A-19. Optional Coverage by Subdivisions - The governing body of any county or municipality or any...
Article 3B. Employer Assistance for Environmental Protection
§21-3B-1. Title and Purpose - This article shall be known and may be cited as...
§21-3B-2. Duties and Responsibilities of Division of Labor and the Commissioner of Labor - (a) The Division of Labor shall: (1) Encourage employers and...
§21-3B-4. Procedures - (a) Any employer within the state may request the commissioner...
Article 3C. Elevator Safety
§21-3C-1. Definitions - (1) "Accessibility equipment" means lifting devices designated to remove access...
§21-3C-2. Inspectors; Application; Certificates of Competency - (a) No person may serve as an inspector unless he...
§21-3C-2a. Installation Prohibited; Exemptions; Two-Way Communication Required; Key Required - (a) On and after July 1, 2007, no private residence...
§21-3C-3. Suspension or Revocation of Certificates - A certificate of competency for elevator inspectors may be suspended...
§21-3C-4. Registration of Elevators; Notification to Counties and Municipalities - The owner or operator of an elevator shall register each...
§21-3C-5. Powers and Duties of Counties and Municipalities; Annual Inspections Required; Acceptance Inspection - (a) A county or municipality may hire a private inspector...
§21-3C-6. Report of Inspection; Hearing on Construction Plans and Specifications; Findings and Orders of Division - (a) The division shall propose rules for legislative approval in...
§21-3C-7. Safety Equipment - Every passenger elevator shall be equipped, maintained and operated in...
§21-3C-8. Certificate of Operation; Renewal - A certificate of operation for any elevator may not be...
§21-3C-9. Permits for Removal or Repairs - Before any existing elevator is removed to a different location,...
§21-3C-10. Enforcement; Notice of Defective Machinery - If during an inspection the division or the inspector finds...
§21-3C-10a. License Requirements for Elevator Mechanics, Accessibility Technicians, Limited Technicians; Contractors License Requirements; Supervision of Elevator Apprentices Requirements - (a) A person may not engage or offer to engage...
§21-3C-10b. Issuance and Renewal of Licenses - (a) Upon approval of a properly completed application for licensure,...
§21-3C-11. Disposition of Fees; Legislative Rules - (a) The division shall propose rules for legislative approval in...
§21-3C-12. Penalties - (a) On and after January 1, 2010, the commissioner may...
§21-3C-13. Mining and Industrial Elevators and General Public Elevators Exempt - The provisions of this article shall not be applicable to...
§21-3C-14. Inapplicability of Local Ordinances - Effective January 1, 2022, a political subdivision of this state...
Article 3D. Crane Operator Certification Act
§21-3D-1. Definitions - For purposes of this article: (a) "Commissioner" means the Commissioner...
§21-3D-2. Certification Required - A person may not operate a crane or tower crane...
§21-3D-3. Inapplicability of Local Ordinances - On January 1, 2022, and thereafter, a political subdivision of...
§21-3D-4. Minimum Certification Requirements - [Repealed.]
§21-3D-5. Denial, Suspension, Revocation, or Reinstatement of Certification - [Repealed.]
§21-3D-6. Effect of Accident - [Repealed.]
§21-3D-7. Penalties - [Repealed.]
§21-3D-8. Crane Operator Certification Fund; Fees; Disposition of Funds - (a) All fees paid pursuant to this article shall be...
§21-3D-9. Reciprocity - [Repealed.]
Article 3E. The West Virginia Safer Workplace Act
§21-3E-1. Short Title - This article is known as and may be cited as...
§21-3E-2. Definitions - For the purposes of this article: “Alcohol” means ethanol, isopropanol,...
§21-3E-3. Public Policy; Applicability - The Legislature declares that the public policy of this state...
§21-3E-4. Employers May Test Current and Prospective Employees for Drugs or Alcohol - It is lawful for an employer to test employees or...
§21-3E-5. Collection of Samples - In order to test reliably for the presence of drugs...
§21-3E-6. Scheduling of Tests - Regarding the timing and costs of drug and/or alcohol tests,...
§21-3E-7. Testing Procedure - All sample collection and testing of drugs and alcohol under...
§21-3E-8. Testing Policy Requirements - (a) Testing or retesting for the presence of drugs or...
§21-3E-9. Disciplinary Procedures - Upon receipt of a confirmed positive drug or alcohol test...
§21-3E-10. Sensitive Employees - If the confirmatory drug or alcohol test of an employee...
§21-3E-11. Protection From Liability - No cause of action is or shall be established for...
§21-3E-12. Cause of Action - (a) No cause of action is or shall be established...
§21-3E-13. Defamation - No cause of action for defamation of character, libel, slander...
§21-3E-14. No Requirement to Implement a Testing Policy - No cause of action arises in favor of any person...
§21-3E-15. Confidentiality - All communications received by an employer relevant to employee or...
§21-3E-16. Employer Testing; Notice; Termination; Forfeiture - If an employer implements a drug-free workplace program in accordance...
Article 4. Hours of Labor
§21-4-1. Hours of Labor for Telephone and Telegraph Operators on Railroads - It shall be unlawful for any person, association or corporation...
§21-4-2. Hours of Labor on State Public Works - The service and employment of all laborers and mechanics who...
Article 5. Wage Payment and Collection
§21-5-1. Definitions - NOTE: West Virginia Code §21-5-1 was amended by two bills...
§21-5-2. Semimonthly Payment of Wages by Railroads - Every railroad company, authorized to do business by the laws...
§21-5-3. Payment of Wages by Employers Other Than Railroads; Assignments of Wages - (a) Every person, firm, or corporation doing business in this...
§21-5-4. Cash Orders; Employees Separated From Payroll Before Paydays; Employer Provided Property - (a) In lieu of lawful money of the United States,...
§21-5-4a. Safe Harbor - (a) An employee, in bringing an action for the underpayment...
§21-5-5. Coercion of Employees to Purchase Merchandise in Payment of Wages; Sale of Merchandise for More Than Prevailing Cash Value - If any corporation, company, firm or person shall coerce or...
§21-5-5a. Definitions - As used in sections five-b, five-c and five-d of this...
§21-5-5b. Employer Limitations on Use of Detection of Deception Devices or Instruments; Exceptions - No employer may require or request either directly or indirectly,...
§21-5-5c. License Required for Psychophysiological Detection of Deception Examiners; Qualifications; Promulgation of Rules Governing Administration of Psychophysiological Detection of Deception Examinations - (a) No person, firm, or corporation shall administer a psychophysiological...
§21-5-5d. Penalties; Cause of Action - (a) It shall be a misdemeanor to administer or interpret...
§21-5-6. Refusal to Pay Wages or Redeem Orders - If any person, firm or corporation shall refuse for the...
§21-5-7. Prime Contractor"s Responsibility for Wages and Benefits - (a) Whenever any person, firm, or corporation shall contract with...
§21-5-8. Checkweighman Where Wages Depend on Production - Where the amount of wages paid to any of the...
§21-5-8a. Deceased Employees - In the event of the death of any employee, wages...
§21-5-9. Notification, Posting and Records - Every person, firm and corporation shall: (1) Notify his employees...
§21-5-10. Provisions of Law May Not Be Waived by Agreement - Except as provided in section thirteen, no provision of this...
§21-5-11. Administrative Enforcement - (a) The commissioner shall enforce and administer the provisions of...
§21-5-12. Employees' Remedies - (a) Any person whose wages have not been paid in...
§21-5-13. Rules and Regulations - The commissioner shall make rules and regulations to the extent...
§21-5-14. Employer’s Bond for Wages and Benefits - (a) Bond required. — With the exception of those who...
§21-5-14a. Insufficiency of Bond; Manner of Distribution - In the event that the claim of any employee or...
§21-5-15. Violations; Cease and Desist Orders and Appeals Therefrom; Criminal Penalties - (a) Any person, firm or corporation who knowingly and willfully...
§21-5-16. Contractors and Subcontractors to Notify Commissioner - Whenever a person, firm or corporation (hereinafter referred to in...
§21-5-17. Employers Prohibited From Discharging Employees for Time Lost as Volunteer Firemen or Emergency Medical Service Attendant - No employer may terminate, or use any disciplinary action against,...
§21-5-18. Employers Prohibited From Discharging Employees for Time Lost as Emergency Medical Service Personnel - No employer may terminate an employee who is a member...
Article 5B. Equal Pay for Equal Work
§21-5B-1. Definitions - (1) "Employer" means any person, partnership, firm or corporation employing...
§21-5B-2. State Commissioner of Labor to Enforce Article - The state commissioner of labor shall have the power and...
§21-5B-3. Discrimination Between Sexes in Payment of Wages for Work of Comparable Character Prohibited - (1) No employer shall: (a) In any manner discriminate between...
§21-5B-4. Employee's Right of Action Against His Employer - (1) Any employee whose compensation is at a rate that...
§21-5B-5. Offenses; Penalties - In addition to the civil damages recoverable under section four...
§21-5B-6. Provisions of Article Severable - If any provision of this article or the application thereof...
Article 5C. Minimum Wage and Maximum Hours Standards for Employees
§21-5C-1. Definitions - As used in this article: (a) "Commissioner" means the Commissioner...
§21-5C-2. Minimum Wages - (a) Minimum wage: (1) After June 30, 2006, every employer...
§21-5C-3. Maximum Hours; Overtime Compensation - (a) On and after July 1, 1980, no employer shall...
§21-5C-4. Credits - Prior to January 1, 2015, in determining whether an employer...
§21-5C-5. Keeping of Records - Every employer subject to the provisions of this article shall...
§21-5C-6. Duties and Powers of Commissioner of Labor - (a) It shall be the duty of the commissioner to...
§21-5C-7. Offenses and Penalties - (a) Any employer who wilfully discharges or in any manner...
§21-5C-8. Civil Remedy of Employee; Limitation of Actions - (a) Any employer who pays an employee less than the...
§21-5C-9. Wage and Hour Division; Wage and Hour Director; Duties - The commissioner of labor shall establish within the department of...
§21-5C-10. Relation to Other Laws - Any standards relating to minimum wages, maximum hours, overtime compensation...
§21-5C-11. Severability - If any provision of this article or the application thereof...
Article 5D. The Parental Leave Act
§21-5D-1. Legislative Findings - The Legislature hereby finds that there is a growing crisis...
§21-5D-2. Definitions - As used in this article: (a) "Commissioner" means the commissioner...
§21-5D-3. Scope - Nothing in this article prohibits an employer from providing employees...
§21-5D-4. Family Leave - (a) An employee shall be entitled to a total of...
§21-5D-5. Certification - (a) If an employee requests family leave to care for...
§21-5D-6. Position Upon Return From Leave - (a) The position held by the employee immediately before the...
§21-5D-7. Seniority and Employment Benefits - (a) Nothing in this section entitles any returning employee to...
§21-5D-8. Prohibited Acts - No person may interfere with, restrain or deny the exercise...
§21-5D-9. Posting Notice - Each employer shall post, in one or more conspicuous places...
Article 5E. Equal Pay for Equal Work for State Employees
§21-5E-1. Legislative Findings and Purpose - (a) The Legislature hereby finds and declares that it is...
§21-5E-2. Definitions - For the purposes of this article: (1) "Employer" means the...
§21-5E-3. Discrimination Between Sexes in Payment of Wages for Work of Comparable Character Prohibited - (a) No employer shall: (1) In any manner discriminate between...
§21-5E-4. Employee's Right of Action Against Employer - (a) Any employee whose compensation is at a rate that...
§21-5E-5. Establishment of the Equal Pay Commission; Appointment of Members - (a) The Equal Pay Commission is continued. The commission shall...
§21-5E-6. Commission's Duties; Promulgation of Rules - (a) The equal pay commission shall study both the methodology...
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...
§21-5F-2. Definitions - For the purposes of this article: (1) "Hospital" means a...
§21-5F-3. Hospital Nursing Overtime Limitations and Requirements - (a) Except as provided in subsections (b), (c), (d), (e)...
§21-5F-4. Enforcement; Offenses and Penalties - (a) Pursuant to the powers set forth in article one...
§21-5F-5. Relation to Other Laws - Any law of this state currently enacted shall not be...
Article 5G. West Virginia Workplace Freedom Act
§21-5G-1. Definitions - As used in this article: (1) The term “person” means...
§21-5G-2. Individual’s Right to Refrain From Affiliating With a Labor Organization - A person may not be required, as a condition or...
§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,...
§21-5G-4. Criminal Penalty - Any person who knowingly requires another person, as a condition...
§21-5G-5. Civil Relief; Damages - Any person injured as a result of any violation or...
§21-5G-6. Exceptions - This article does not apply: (1) To any employee or...
§21-5G-7. Applicability; Severability - (a) Applicability. — This article applies to any written or...
Article 5H. Employee Personal Social Media
§21-5H-1. Employer Access to Employee or Potential Employee Personal Accounts Prohibited - (a) An employer shall not do any of the following:...
Article 5I. West Virginia Employment Law Worker Classification Act
§21-5I-1. Short Title - This article shall be known as the West Virginia Employment...
§21-5I-2. Findings - The Legislature finds as follows: (a) Recent developments in the...
§21-5I-3. Certain Laws May Be Superseded - The purpose of this article is to bring clarity and...
§21-5I-4. Classification of Independent Contractors and Employees - (a) Subject only to the provisions of subsection (b) of...
§21-5I-5. Limitations as to Scope of Article - The test for determining whether a person is an independent...
§21-5I-6. Severability - If any provision of this article or the application thereof...
Article 6. Child Labor
§21-6-1. Employment of Children Under Fourteen - Except as permitted and authorized by the provisions of this...
§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...
§21-6-3. Issuance of Work Permit - (a) A child 14 or 15 years of age may...
§21-6-4. Contents of Work Permit; Forms; Filing; Records; Revocation - (a) A work permit issued under this article shall set...
§21-6-5. Age Certificate for Employers; Inquiry as to Age; Revocation of Certificate; Supervision by State Superintendent of Schools - (a) Upon request of any employer who is desirous of...
§21-6-7. Hours and Days of Labor by Minors - (a) No child under the age of sixteen who is...
§21-6-8. Supervision Permits - (a) The commissioner is authorized to prescribe and issue supervision...
§21-6-8a. Blanket Work Permits - (a) Blanket work permits are authorized when twenty-five or more...
§21-6-9. Enforcement of Article - It is the duty of the state commissioner of labor,...
§21-6-10. Offenses; Penalties - (a) Any person who violates a provision of this article,...
§21-6-11. Rules - The commissioner of the Division of Labor may propose rules...
Article 7. Industrial Homework
§21-7-1. Purpose of Article - The provisions of this article are designated to protect the...
§21-7-2. Definitions - For the purposes of this article: "Employer" means any person...
§21-7-3. Prohibited Industrial Homework - The manufacture, or delivery for manufacture, of any of the...
§21-7-4. Investigations by Commissioner - To carry out the purposes of this article, the commissioner...
§21-7-5. Enforcement by Commissioner - Whenever, after investigation, or on the basis of other information...
§21-7-6. Employer's Permit; Fee - No employer shall deliver or cause to be delivered to...
§21-7-7. Employer Not to Deliver Material for Industrial Homework Unless Worker Has Certificate; Labels - No employer shall deliver or cause to be delivered, in...
§21-7-8. Homeworker's Certificate - No person shall engage in industrial homework in this state...
§21-7-9. Seizure of Unlawfully Manufactured Articles - Any article which is being, or is to be, manufactured...
§21-7-10. Revocation or Suspension of Permits and Certificates; Powers of Commissioner - The commissioner is authorized to revoke or suspend any employer's...
§21-7-11. Penalties - A person who violates any provision of this article shall...
Article 8. West Virginia Commission on Manpower, Technology and Training
§21-8-1. To 21-8-13 - Repealed. Acts, 1982 Reg. Sess., Ch. 97.
Article 9. Manufactured Housing Construction and Safety Standards
§21-9-1. Short Title - This article shall be known as "The West Virginia Manufactured...
§21-9-2. Definitions - (a) "Board" means the West Virginia Manufactured Housing Construction and...
§21-9-3. Board Continued; Appointment, Qualifications, Terms, Oath, etc., of Members; Quorum; Meetings; When Members Disqualified From Participation; Compensation; Records; Office Space; Personnel - (a) There is hereby continued the West Virginia board of...
§21-9-4. General Powers and Duties; Persons Adversely Affected Entitled to Hearing - (a) The board shall have the power to: (1) Regulate...
§21-9-5. Board Designated as State Administrative Agency for Manufactured Home Construction and Safety Standards; Board to Administer and Enforce Act - The board is hereby designated as the state administrative agency...
§21-9-6. Inspection of Certain Facilities - The board, by its authorized representatives, may enter, at reasonable...
§21-9-7. Monitoring Inspection Fee - The board shall establish a monitoring inspection fee in an...
§21-9-8. Maintenance and Production of Records and Other Information - Each manufacturer, dealer, distributor and contractor shall establish and maintain...
§21-9-9. License Required; Fees; Form of License; Display of License; Denial, Suspension, or Revocation - (a) No manufacturer, dealer, distributor, or contractor shall engage in...
§21-9-10. Licensee to Furnish Bond or Other Form of Assurance - (a) Each manufacturer, dealer, distributor or contractor which applies for...
§21-9-11. State May Act as Primary Inspection Agency - (a) This state, acting through the board, is hereby granted...
§21-9-11a. Inspection of Manufactured Housing; Deferral Period for Inspection and Administrative Remedies; Notification to Consumers of Rights - (a) Inspection of manufactured housing. When a purchaser or owner...
§21-9-12. Violation of Article; Penalties; Injunction - (a) Any person who violates any of the following provisions...
§21-9-12a. Violation of Cease and Desist Order; Penalties - (a) Upon a determination that a person is engaging in...
Article 10. Amusement Rides and Amusement Attractions Safety Act
§21-10-1. Short Title - This article shall be known and may be cited as...
§21-10-2. Definitions - As used in this article: (a) "Amusement ride" means a...
§21-10-3. Rules - The Division of Labor shall propose legislative rules for promulgation...
§21-10-4. Inspection and Permit Fees - (a) The division shall charge inspection and permit fees. The...
§21-10-5. Inspectors - (a) The Division may hire or contract with inspectors to...
§21-10-6. Permits; Application; Annual Inspection - No operator or owner may knowingly permit the operation of...
§21-10-7. Issuance of Permit; Certificate of Inspection; Availability to Public - If, after inspection, an amusement ride or amusement attraction is...
§21-10-8. Notice of Intention to Erect New Ride or Attraction or Add to or Alter Existing Ride or Attraction - Before a new amusement ride or amusement attraction is erected,...
§21-10-9. Notice of Serious Physical Injury or Fatality; Investigations; Records Available to Public - An owner or operator of an amusement ride or amusement...
§21-10-10. Service of Process - Any person, firm or corporation operating an amusement ride or...
§21-10-11. Temporary Cessation of Operation of Ride or Attraction Determined to Be Unsafe - The division may order, in writing, a temporary cessation of...
§21-10-12. Insurance; Bond - No person may operate an amusement ride or amusement attraction...
§21-10-12a. Minimum Age for Operating Amusement Ride - No individual under the age of sixteen may be the...
§21-10-13. Regulation of Carnivals, Fairs and Amusement Rides and Amusement Attractions by Cities and Counties - Nothing contained in this article prevents cities and counties from...
§21-10-14. Criminal Penalty for Violation - Any operator or owner who knowingly permits the operation of...
§21-10-15. Operating or Assembling an Amusement Ride While Intoxicated; Criminal Penalty - (a) A person may not operate or assemble an amusement...
§21-10-16. Revocation and Suspension of Permits - The commissioner may revoke or temporarily suspend the permit to...
§21-10-17. Civil Penalties for Violations - (a) If an individual is convicted of, or enters a...
§21-10-18. Continuing Authority of State Fire Marshal - Nothing in this article shall be construed to be in...
§21-10-19. Patron Responsibility - The owner or operator of an amusement ride or attraction...
Article 11. West Virginia Contractor Licensing Act
§21-11-1. Short Title - [Repealed.]
§21-11-2. Policy Declared - [Repealed.]
§21-11-3. Definitions - [Repealed.]
§21-11-4. West Virginia Contractor Licensing Board Created; Members; Appointment; Terms; Vacancies; Qualifications; Quorum - [Repealed.]
§21-11-5. Administrative Duties of the Board; Regulations - [Repealed.]
§21-11-6. Necessity for License; Exemptions - [Repealed.]
§21-11-7. Application for and Issuance of License - [Repealed.]
§21-11-8. Licenses; Expiration Date; Fees; Renewal - [Repealed.]
§21-11-9. Unlawful Use, Assignment, Transfer of License; Revocation - [Repealed.]
§21-11-10. Prerequisites to Obtaining Building Permit; Mandatory Written Contracts - [Repealed.]
§21-11-10a. Informational List for Basic Universal Design Features; Penalties - [Repealed.]
§21-11-11. Notice Included With Invitations to Bid and Specifications - [Repealed.]
§21-11-12. License Renewal, Lapse and Reinstatement - [Repealed.]
§21-11-13. Violation of Article; Injunction; Criminal Penalties - [Repealed.]
§21-11-14. Disciplinary Powers of the Board - [Repealed.]
§21-11-15. Administrative Duties of Division - [Repealed.]
§21-11-16. Rules - [Repealed.]
§21-11-17. Recordkeeping; Fees - [Repealed.]
§21-11-18. Reciprocity - [Repealed.]
§21-11-20. Board Authorized to Provide Training - [Repealed.]
Article 11A. Notice and Opportunity to Cure Construction Defects
§21-11A-1. Purpose - This article is intended to establish procedures for the negotiation...
§21-11A-2. Applicability of Article - This article does not apply to an action: (1) Against...
§21-11A-3. Suit by Contractor; Perfecting Mechanic's Lien - (a) If a contractor, subcontractor, supplier or design professional files...
§21-11A-4. Applicability of Definitions; Definitions - For the purposes of this article, the words or terms...
§21-11A-5. Contract for Residential Improvements; Notice - (a) Upon entering into a contract for residential improvements, the...
§21-11A-6. Contractor Notification Requirements for a New Residential Dwelling Constructed for Sale - (a) A contractor who constructs a new residential dwelling shall,...
§21-11A-7. Prerequisites to Commencing an Action - (a) The procedures contained in this article are exclusive and...
§21-11A-8. Notice of Claim of Construction Defect - (a) A claimant asserting a claim of a construction defect...
§21-11A-9. Service on Additional Parties - Within fourteen days after the initial service of the notice...
§21-11A-10. Request for Voluntary Disclosure of Additional Information - (a) Upon the filing of a claim, parties may request...
§21-11A-11. Duty to Negotiate - The parties shall negotiate in accordance with the times set...
§21-11A-12. Timetable - (a) Following receipt of a claimant's notice of claim, the...
§21-11A-13. Conduct of Negotiation - Negotiation is a consensual bargaining process in which the parties...
§21-11A-14. Settlement Agreement - (a) A settlement agreement may resolve an entire claim or...
§21-11A-15. Costs of Negotiation - Unless the parties agree otherwise, each party shall be responsible...
§21-11A-16. Commencement of Action - If a claim for a construction defect is not resolved...
§21-11A-17. Additional Construction Defects; Additional Notice of Claim - A construction defect which is discovered after a claimant has...
Article 12. Commercial Bungee Jumping Safety Act
§21-12-1. Short Title - This article shall be known and may be cited as...
§21-12-2. Definitions - As used in this article: "Bungee jumping" means a commercial...
§21-12-3. Rules - The Division of Labor shall promulgate rules for the safe...
§21-12-4. Inspection and Permit Fees - The division shall determine a schedule of inspection and permit...
§21-12-5. Inspectors - The division may hire or contract with inspectors to inspect...
§21-12-6. Permits; Application; Annual Inspection - (a) An operator or owner shall not knowingly permit the...
§21-12-7. Issuance of Permit; Certificate of Inspection; Availability to Public - If, after inspection, a commercial bungee jumping site, together with...
§21-12-8. Notice of Serious Physical Injury or Fatality; Investigations; Records Available to Public - An owner or operator of a commercial bungee jumping site...
§21-12-9. Service of Process - Any person, firm or corporation operating a commercial bungee jumping...
§21-12-10. Temporary Cessation of Operation of Bungee Jumping Site or Attraction Determined to Be Unsafe - The division may order, in writing, a temporary cessation of...
§21-12-11. Insurance; Bond - No person may operate a commercial bungee jumping site unless...
§21-12-12. Regulation of Commercial Bungee Jumping Events and Attractions by Cities and Counties - Nothing contained in this article prevents cities and counties from...
§21-12-13. Criminal Penalty for Violation - Any operator or owner who knowingly permits the operation of...
Article 13. Convenience Food Stores Safety Act
§21-13-1. Purpose - The Legislature finds that it is necessary to the safety,...
§21-13-2. Definitions - As used in this article, except where a different meaning...
§21-13-3. Convenience Food Store Regulations - All convenience food stores shall comply with the following provisions:...
§21-13-4. Penalties and Enforcement - Any owner who fails to comply with this article, upon...
Article 14. Supervision of Plumbing Work
§21-14-1. Declaration of Purpose - The provisions of this article are intended to protect the...
§21-14-2. Definitions - As used in this article: (a) "License" means a valid...
§21-14-3. License Required; Exemptions - (a) On and after January 1, 2009, a person performing...
§21-14-3a. Veteran Qualification for Examination for License as a Plumber - Any person who has served as a member of the...
§21-14-4. Rule-Making Authority - The Commissioner of Labor shall propose rules for legislative approval,...
§21-14-5. Enforcement - The Commissioner of Labor and his or her Deputy Commissioner...
§21-14-6. Denial, Suspension, and Revocation of License - (a) The Commissioner of Labor may deny a license to...
§21-14-7. Penalties - (a) On and after January 1, 2009, a person performing...
§21-14-8. Inapplicability of Local Ordinances - On and after January 1, 2009, a political subdivision of...
§21-14-9. Disposition of Fees - All fees paid pursuant to this article shall be paid...
Article 15. Zipline and Canopy Tour Responsibility Act
§21-15-1. Legislative Purpose - The Legislature finds that: (1) The sport of ziplining and...
§21-15-2. Definitions - As used in this article: (1) "ACCT" means the Association...
§21-15-3. Duties of a Zipline or Canopy Tour Operators - Every operator shall: (1) Construct, install, maintain and operate all...
§21-15-4. Responsibilities of Participants; Prohibited Acts - (a) It is the duty of each participant to participate...
§21-15-5. Liability of Zipline Operators - (a) A zipline operator shall be liable for injury, loss...
§21-15-6. Rules - The division shall promulgate rules for the safe installation, repair,...
§21-15-7. Inspection and Permit Fees - (a) The division shall charge inspection and permit fees. The...
§21-15-8. Inspectors - (a) The Division may hire or contract with inspectors to...
§21-15-9. Permits; Application; Annual Inspection - (a) No operator may knowingly permit the operation of a...
§21-15-10. Issuance of Permit; Certificate of Inspection; Availability to Public - If, after inspection, a zipline or canopy tour, is found...
§21-15-11. Notice of Serious Physical Injury or Fatality; Investigations; Records Available to Public - An operator of a zipline or canopy tour shall notify...
§21-15-12. Service of Process - Any person, firm or corporation operating a zipline may be...
§21-15-13. Temporary Cessation of the Operation of a Zipline or Canopy Tour Determined to Be Unsafe - The division may order, in writing, a temporary cessation of...
§21-15-14. Regulation of Ziplines by Cities and Counties - Nothing contained in this article prevents cities and counties from...
Article 16. Regulation of Heating, Ventilating and Cooling Work
§21-16-1. Declaration of Purpose - The provisions of this article are intended to protect the...
§21-16-2. Definitions - As used in this article and the legislative rules promulgated...
§21-16-3. License Required; Exemptions - (a) On and after January 1, 2016, a person performing...
§21-16-4. Scope of Practice - (a) An HVAC technician in training is authorized to assist...
§21-16-5. Rule-Making Authority - (a) The Commissioner of Labor shall propose rules for legislative...
§21-16-6. Enforcement; Interagency Agreements Authorized - (a) The Commissioner of Labor and his or her Deputy...
§21-16-7. Denial, Suspension, and Revocation of License - (a) The Commissioner of Labor may deny a license to...
§21-16-8. Penalties - (a) On and after January 1, 2016, a person performing...
§21-16-9. Inapplicability of Local Ordinances - On and after January 1, 2016, a political subdivision of...
§21-16-10. Disposition of Fees - All fees paid pursuant to this article shall be paid...
§21-16-11. Veteran Qualifications for License as Hvac Technician - (a) Any person who has served as a member of...
Article 17. Review and Credential Acknowledgement Procedures Act
§21-17-1. Applicability and Short Title - The provisions of this article apply to all professions requiring...
§21-17-2. Definitions - The words defined in this section have the meanings given...
§21-17-3. Occupational License or Other Authorization to Practice - (a) Notwithstanding any other law, the board shall issue an...
§21-17-4. Work Experience - Notwithstanding any other law, the board shall issue an occupational...
§21-17-5. State Law Examination - A board may require a person to pass a jurisprudential...
§21-17-6. Decision - The board will provide the person with a written decision...
§21-17-7. Appeal - (a) The person may appeal the boards decision to a...
§21-17-8. State Laws and Jurisdiction - A person who obtains an occupational license or other authorization...
§21-17-9. Limitations - (a) An occupational license or other authorization to practice issued...
§21-17-10. Cost for Application - The board may charge a fee to the person to...
§21-17-11. Preemption - This article preempts laws by township, municipal, county, and other...
§21-17-12. Rulemaking - Boards affected by these provisions may promulgate rules pursuant to...