West Virginia Code 21-1C-6 – Penalties for violation of article, notice of violations; administrative remedies
(a) If, after inspection or investigation, the commissioner determines that an employer has violated any provision of this article, the commissioner shall provide a written notice of violation to the employer and the public authority, setting forth the number of violations, a description of every violation and the amount of the penalty that will be imposed if the employer continues to violate any provision of this article after receipt of the notice of violation, and shall direct the public authority to withhold final payment to the employer until the employer has paid the penalty or the matter has been otherwise resolved.
Terms Used In West Virginia Code 21-1C-6
- commissioner: means the Commissioner of the West Virginia Division of Labor, or his or her authorized representatives. See West Virginia Code 21-1C-2
- employee: means any person hired or permitted to perform hourly work for wages by a person, firm or corporation in the construction industry. See West Virginia Code 21-1C-2
- 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
- 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
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(b) Any employer who violates any provision of this article is subject to a civil penalty of $250 per each employee less than the required threshold of seventy-five percent per day of violation after receipt of a notice of violation issued by the commissioner. This civil penalty terminates upon compliance or upon issuance of a waiver by Workforce West Virginia.
(c) Any employer that continues to violate any provision of this article more than fourteen calendar days after receipt of a notice of violation is subject to a civil penalty of $500 per each employee less than the required threshold of seventy-five percent per day of violation. This civil penalty terminates upon compliance or upon issuance of a waiver by Workforce West Virginia.
(d) All civil penalties paid pursuant to this section shall be paid to the commissioner and deposited in an appropriated special revenue account hereby created in the State Treasury to be known as the “West Virginia Jobs Act Fund” and expended for the implementation and enforcement of this article.