West Virginia Code 21-5C-7 – Offenses and penalties
(a) Any employer who wilfully discharges or in any manner wilfully discriminates against any employee because such employee has made complaint to his employer, or to the commissioner, that he has not been paid wages in accordance with the wage and hour provisions of this article, or because such employee has instituted or is about to institute any civil action, or file any petition or criminal complaint against the employer by reason of the provisions of this article, or because such employee has testified or is about to testify in any administrative proceeding, civil action, or criminal action under this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $500.
Terms Used In West Virginia Code 21-5C-7
- Commissioner: means the Commissioner of Labor or his or her duly authorized representatives. See West Virginia Code 21-5C-1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Employee: includes any individual employed by an employer but shall not include: (1) Any individual employed by the United States. See West Virginia Code 21-5C-1
- Employer: includes the State of West Virginia, its agencies, departments, and all its political subdivisions, any 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. See West Virginia Code 21-5C-1
- Person: means one or more individuals. See West Virginia Code 21-3A-2
- Testify: Answer questions in court.
- Wage: means compensation due an employee by reason of his or her employment. See West Virginia Code 21-5C-1
(b) Any employer, labor organization, employee, or other person, alone or in concert, who in any manner wilfully discriminates against any person with respect to wages, hours of work or overtime compensation because of race, religion, color, national origin, ancestry, age or sex, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred and fifty nor more than $1,000, or imprisoned in the county jail for not more than one year, or both fined and imprisoned.
(c) Any employer who wilfully violates any other provision of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $100.