Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-31-3 - Definitions3.1. The "Act" means the Verifying Legal Employment Status of Workers Act, W. Va. Code § 21-1B-1, et seq.3.2. "Business days" means, for purposes of the Act and this rule, any day other than Saturday, Sunday, or any legal holiday as set forth in W. Va. Code § 2-2-1.3.3. "Central record-keeping location" means the location where employment records are customarily maintained by the employer.3.4. "Commissioner" means the Commissioner of the Division of Labor or his or her duly authorized representatives.3.5. "Division" means the West Virginia Division of Labor.3.6. "Employee" means any individual employed by an employer.3.7. "Employ" means to hire, suffer, or permit to work for compensation.3.8. "Government agency" means, for purposes of the Act and this rule, any agency of the United States, a state, or a political subdivision of a state.3.9. "Place of employment" means an employer's headquarters, central record-keeping location, or site of work. 3.10. "Proof of legal employment status" or "authorization to work" means the documents required by the Commissioner for the purpose of verifying an employer's compliance with the provisions of the Act.3.11. "Seventy-two hours" means, for purposes of the Act and this rule, three business days.3.12. "Unauthorized worker" means a person who does not have the legal right to be employed or is employed in violation of the Act and this rule.3.13. "Undocumented worker" means an employee for whom an employer does not have the records required by the Act and this rule.3.14. "Willfully" means, for purposes of this rule, an employer who voluntarily, knowingly, deliberately or intentionally disregards the provisions of the Act.3.15. "Valid document" means a document that is unexpired on the date the employee was hired.