Current through Register Vol. XLI, No. 50, December 13, 2024
Section 43-1-2 - Definitions(a) Where the word "Act" or "The Act" is used herein, it means the West Virginia Wages for Construction of Public Improvements Act or Fair Minimum Wage Act passed March 11, 1961 and made effective ninety (90) days from passage.(b) The term "Commissioner" means the Commissioner of Labor or his duly authorized representatives.(c) The term "Department" means the West Virginia Department of Labor.(d) The term "Maintenance Work" means the repair of existing facilities when the size, type or extent of such facilities is not thereby changed or increased.(e) The term "Public Body" or "Public Authority" means any officer, board or commission or other agency of the State of West Virginia, or any political subdivision thereof, or any authority created by the Legislature of West Virginia.(f) The term "Public Work" means construction, reconstruction, demolition, improvement, enlargement, painting, decoration, alteration and/or repair work (other than temporary or emergency repairs) done under contract and paid for, in whole or in part, out of the funds of a public body, but shall not include work performed under a bona fide Rehabilitation Program or a bona fide Manpower Training Program.(g) The term "Apprentice" means a person employed and working under a bona fide apprenticeship program, directly related to the particular craft involved in the construction industry. Apprentices will be permitted to work as such only when they are registered, individually, under a bona fide apprenticeship program, registered with and approved by the Bureau of Apprenticeship Training, United States Department of Labor.(h) The term "Bona Fide" means that program which is made in good faith without interest or deceit. Rehabilitation programs are those under the jurisdiction of the Division of Vocational Rehabilitation of the Department of Education and Manpower. Training programs are those certified by the Department of Employment Security to the Division of Vocational Education, Department of Education.(i) The term "Emergency" means an unforeseen combination of circumstances which calls for immediate action and is synonymous with crisis, pinch, strait and necessity.(j) The term "Temporary" means lasting for a time only; existing or continuing for a limited time, not permanent.(k) The term "Locality" means any political subdivision or combination of the same, with the county in which the construction is to be performed, except that if there is not available in the county a sufficient number of competent skilled laborers, workmen and mechanics to perform such construction work efficiently and properly, and may include one (1) or more counties in this State adjacent to the one on which the construction is to be performed and from which such skilled laborers, workmen and mechanics may be obtained in sufficient numbers to perform the construction.(l) The term "Craft" means those special skills and trades which are recognized by custom and usage in the building and construction industry.(m) The term "Classification" means those specific categories of jobs which are performed within a "Craft" such as a laborer who can be classified as a blacksmith, pipe layer, mucker-chucker, etc.(n) The term "Prevailing Wages," "Wage Rates," "Minimum Wage Rates" and "Fair Minimum Wage Rates" shall mean those rates as determined by the Commissioner, as payable in the locality in which the public work is to be performed, for the respective crafts and classifications, and shall include "Fringe Benefits" as required by the Act.(o) The term "Fringe Benefits" shall mean those benefits granted by an employer that involves a money cost without affecting basic wage rates which includes compensation for holidays and fair minimum overtime.(p) The term "Collective Bargaining Agreement" means the agreement or agreements negotiated between the historically established and recognized bargaining representatives for the employers and of the workmen for the particular crafts or classifications involved providing for applicable wage rates, hours of work, working conditions and contributions for employee benefits as defined in Subsection (o) of this section.(q) The term "Authorized Deduction" means those deductions which are authorized by section three, article five, chapter twenty-one of the Code of West Virginia.(r) The term "Holdback Pay" means the wages earned during the days between the end of the pay period and payday.(s) The term "Non-willful Violations" shall mean the result of an honest misinterpretation, a valid dispose as to the meaning or application or a mere erroneous preparation of the payroll document -- all not attributable to willful negligence.