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Home » US Law » 2022 West Virginia Code » Chapter 21. Labor » Article 5C. Minimum Wage and Maximum Hours Standards for Employees

§21-5C-1. Definitions

As used in this article: (a) “Commissioner” means the Commissioner of Labor or his or her duly authorized representatives. (b) “Wage and hour director” means the wage and hour director appointed by the Commissioner of Labor as Chief of the Wage and Hour Division. (c) “Wage” means compensation due an employee by reason of his […]

§21-5C-10. Relation to Other Laws

Any standards relating to minimum wages, maximum hours, overtime compensation or other working conditions in effect under any other law of this state on the effective date of this article, which are more favorable to employees than those applicable to such employees under this article shall not be deemed to be amended, rescinded or otherwise […]

§21-5C-11. Severability

If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.

§21-5C-2. Minimum Wages

(a) Minimum wage: (1) After June 30, 2006, every employer shall pay to each of his or her employees wages at a rate not less than $5.85 per hour.

§21-5C-3. Maximum Hours; Overtime Compensation

(a) On and after July 1, 1980, no employer shall employ any of his employees for a workweek longer than forty hours, unless such employee receives compensation for his employment in excess of the hours above specified at a rate of not less than one and one-half times the regular rate at which he is […]

§21-5C-4. Credits

Prior to January 1, 2015, in determining whether an employer is paying an employee wages and overtime compensation as provided in sections two and three of this article, there shall be provided in accordance with the regulations which shall be promulgated by the commissioner a credit to the employer of twenty percent of the hourly […]

§21-5C-5. Keeping of Records

Every employer subject to the provisions of this article shall make or cause to be made, and shall keep and preserve at his place of business for a period of two years, a written record or records of the name and address of each of his employees as herein defined, his rate of pay, hours […]

§21-5C-6. Duties and Powers of Commissioner of Labor

(a) It shall be the duty of the commissioner to enforce and administer the provisions of this article and rules promulgated thereunder, and to promulgate such rules and regulations, in accordance with chapter twenty-nine-a of the Code of West Virginia, 1931, as amended, as shall be needful to give effect to the provisions of this […]

§21-5C-7. Offenses and Penalties

(a) Any employer who wilfully discharges or in any manner wilfully discriminates against any employee because such employee has made complaint to his employer, or to the commissioner, that he has not been paid wages in accordance with the wage and hour provisions of this article, or because such employee has instituted or is about […]

§21-5C-8. Civil Remedy of Employee; Limitation of Actions

(a) Any employer who pays an employee less than the applicable wage rate to which such employee is entitled under or by virtue of this article shall be liable to such employee for the unpaid wages; an agreement by an employee to work for less than the applicable wage rate is hereby declared by the […]

§21-5C-9. Wage and Hour Division; Wage and Hour Director; Duties

The commissioner of labor shall establish within the department of labor a division to be known as the wage and hour division, which shall be a separate administrative division with respect to personnel and duties. The division shall be in charge of a wage and hour director. The wage and hour director, employees, and representatives […]