West Virginia Code 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 for public improvement construction projects domiciled in the local labor market, to be rounded off, with at least two employees from outside the local labor market permissible for each employer per project.
Terms Used In West Virginia Code 21-1C-4
- employer: means any person, firm or corporation employing one or more employees on any public improvement and includes all contractors and subcontractors. See West Virginia Code 21-1C-2
- in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
- local labor market: means every county in West Virginia, and any county outside of West Virginia if any portion of that county is within fifty miles of the border of West Virginia. See West Virginia Code 21-1C-2
- public authority: means any officer, board, commission or agency of the State of West Virginia and its subdivisions, including counties and municipalities. See West Virginia Code 21-1C-2
- public improvement: includes , the construction of all buildings, roads, highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, waterworks, airports and all other structures that may be let to contract by a public authority, excluding improvements funded, in whole or in part, by federal funds. See West Virginia Code 21-1C-2
(b) Any employer unable to employ the minimum number of employees from the local labor market shall inform the nearest office of Workforce West Virginia of the number of qualified employees needed and provide a job description of the positions to be filled.
(c) If, within three business days following the placing of a job order, Workforce West Virginia is unable to refer any qualified job applicants to the employer or refers less qualified job applicants than the number requested, then Workforce West Virginia shall issue a waiver to the employer stating the unavailability of applicants and shall permit the employer to fill any positions covered by the waiver from outside the local labor market. The waiver shall be in writing and shall be issued within the prescribed three days. A waiver certificate shall be sent to both the employer for its permanent project records and to the public authority.