Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-33-3 - Definitions3.1.The "Act" means the Wage Payment and Collection Act, W. Va. Code § 21-5-1et seq.3.2. "Adequate wage bond" means a bond in an amount that is at least equal to an employer's gross payroll for 4 weeks at full capacity or production plus 15% of that gross payroll.3.3. "Asset" as used in W. Va. Code § 21-5-14(a)(2) includes tangible property such as cash, inventory, real estate, buildings, accounts receivable, equipment, and similar items that are owned by the employer, minus the amount of the asset's indebtedness, if any.3.4. "Bona fide benefit plan" means a written plan, fund or program into which an employer pays irrevocable contributions to a trustee or third party as long as the plan's express purpose is to provide exclusively for the payment of benefits to employees.3.5. "Claimant" means an employee or former employee who submits a request for assistance to the Division, alleging that he or she is owed unpaid wages or fringe benefits.3.6. "Covered activity" means construction work, as defined in W. Va. Code § 21-5-1(j), or the severance, production or transportation of minerals, as defined in W. Va. Code § 21-5-1(k).3.7. "Days" means calendar days unless otherwise stated.3.8. "Division" means the Division of Labor.3.9. "Request for Assistance" or "RFA" means a document submitted to the Division by a claimant alleging that he or she is owed unpaid wages or fringe benefits. 3.10. "Termination," as used in W. Va. Code § 21-5-14(g), is synonymous with cancellation, withdrawal, or release.3.11. "Transportation" means any method, other than by rail or by water, of moving minerals, as defined in W. Va. Code § 21-5-1(k), from one physical location to another.3.12. "Wage bond" means a legally enforceable written instrument executed by an employer, payable to the Division, which the Commissioner can draw upon if the employer defaults on its obligation to pay employees their earned wages and fringe benefits.