Current through Register Vol. XLI, No. 35, August 30, 2024
Section 42-7-2 - Definitions2.1. Where the word "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.2.2. "Commissioner" means the Commissioner of Labor or his or her duly authorized representatives.2.3. "Division" means the West Virginia Division of Labor.2.4. "Maintenance Work" means the repair of existing facilities when the size, type or extent of such facilities is not thereby changed or increased.2.5. "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.2.6. "Public Work" means construction, reconstruction, demolition, improvement, enlargement, painting, decoration, alteration and/or repair work 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.2.7. 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.2.8. "Bona Fide" means that program which is made in good faith without interest of 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.2.9. "Emergency" means an unforeseen combination of circumstances which calls for immediate action, and is synonymous with crisis, pinch, strait and necessity. 2.10. "Temporary" means lasting for a time only; existing or continuing for a limited time, not permanent.2.11. "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 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.2.12. "Craft" means those special skills and trades which are recognized by custom and usage in the building and construction industry.2.13. "Classification" means those specific categories of jobs which are performed within a "Craft" such as laborer who can be classified as a blacksmith, pipelayer, mucker-chucker, etc.2.14. "Prevailing Wages," "Wage Rates," "Minimum Wage Rates" and "Fair Minimum Wage Rates" 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.2.15. "Fringe Benefits" means those benefits granted by an employer that involves a money cost without affecting basic wage rates which include compensation for holidays and fair minimum overtime.2.16. "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 2.15 of this section.2.17. "Authorized Deduction" means those deductions which are authorized by W. Va. Code '21-5-3.2.18. "Holdback Pay" means the wages earned during the days between the end of the pay period and payday.2.19. "Nonwillful Violations" means the results 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.