Current through Register Vol. XLI, No. 45, November 8, 2024
1.1. Scope. -- Every contract to which the State of West Virginia, or any political subdivision thereof, or any authority created by the Legislature of the State of West Virginia, including any officer, board or commission or agency of the State of West Virginia, is a party, for construction, reconstruction, demolition, improvement, enlargement, painting, decoration, alteration and/or repair work (other than temporary or emergency repairs) which requires or involves the employment by any contractor or subcontractor of laborers, mechanics, skilled and semiskilled laborers and apprentices, in the performances of services directly upon the public work project must include in its specifications a provision stating the Fair Minimum Wage Rates as determined by the Commissioner of Labor, which shall be paid for each craft or classification of all workmen needed to perform the contract in the locality in which the public work is performed. Every person paid by a contractor or a subcontractor in the manner prescribed by law under W. Va. Code '21-5 et seq. for his or her labor in the construction, reconstruction, demolition, alteration and/or repair work (other than temporary or emergency repairs) done under a bona fide rehabilitation program or a bona fide manpower training program is "Employed" and "Receiving Wages."
Work performed under a bona fide rehabilitation program arranged by and at a state institution primarily for teaching and upgrading the skills and employment opportunities of the inmates of such institutions is not to be considered public work performed by a public body as defined in the Act and these regulations.
1.2. Authority. -- W. Va. Code '21-5A.1.3. Filing Date. -- December 31, 1982.1.4. Effective Date. -- December 31, 1982.