Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-37-2 - Definitions2.1. "Act" means the West Virginia Jobs Act, W. Va. Code § 21-1C-1, et seq.2.2. "Certified payroll document " means a document that includes the name and address of the employer, identification of the payroll number and the work week ending date, the name of the project and project location, identification of the contract number, the names of employees, their work classification or job title, the physical address of employees' domicile or primary residence, including the county and state, the day and hours worked, hourly rate of pay or salary, gross wages, federal and state withholding amounts, other authorized deductions, net pay, and the employer's signed and dated certification stating that the information in the document is correct and complete.2.3. "Commissioner" means the Commissioner of the West Virginia Division of Labor or his or her authorized representatives.2.4."Division" means the West Virginia Division of Labor.2.5. "Executive Director" means the executive director of WorkForce West Virginia or his or her authorized representatives.2.6. "From the local labor market" means an employee whose domicile or primary residence is located within the local labor market.2.7. "Informal presentation of views" means the opportunity for an employer to meet with the Commissioner following the issuance of a notice of violation or a notice of penalty.2.8. "Job order" means the WorkForce West Virginia Job Order Details Form, ESD-102, that complies with W. Va. Code § 21-1C-4(b).2.9. "Notice of penalty" means the written notification to an employer setting forth the number of violations of the Jobs Act and the amount of the civil penalty to be paid to the Division. 2.10. "Notice of violation" means the written notification to an employer that the Division has determined that the employer is in violation of the Jobs Act, and that the employer will be subject to a civil penalty for continuing Jobs Act violations.2.11. "Qualified job applicant" means a prospective employee who has a current credential as required by the state of West Virginia to work on a construction project or as required by the contract with the public authority and who is from the local labor market.2.12. "Violation" means the employer's failure to meet the local labor market requirements of section 4 of the Act or the employer's failure to comply with the terms of a waiver issued by WorkForce West Virginia, and which is determined by the number of employees needed on a daily basis to meet the 75% local labor market requirement.2.13. "Waiver" or "waiver certificate" means the written document issued by WorkForce West Virginia to an employer, after receipt of a properly completed job order, that states that WorkForce is unable to refer the number of qualified applicants requested, that there are no applicants available, and that the employer is permitted to fill a specific number of positions from outside the local labor market who meet specific criteria.2.14. "WorkForce West Virginia" or "WorkForce"includes all local offices located throughout the state and whose contact information can be found at workforcewv.org/about-us/contact-us.html.