Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-8-5 - Employers Subject to the Minimum Wage Provisions of the Act5.1. Employers shall be subject to the minimum wage provisions of the Act if the employer employs six or more employees during any calendar week in any one separate, distinct, and permanent location and falls into one of the following categories:5.1.1. The State of West Virginia, its agencies, departments, and political subdivisions;5.1.2. An individual, partnership, association, public or private corporation; or5.1.3. A person or group of persons acting directly or indirectly in the interest of any employer in relation to an employee.5.2. When the Division opens an investigation or otherwise inspects an employer, the Division shall determine whether an employer is subject to the minimum wage provisions of the Act set forth in W. Va. Code § 21-5C-2 and this rule according to the actual job duties performed by each employee and shall give consideration to past decisions under state and federal law.