CHAPTER 21. LABOR

§21-5-1. Definitions.

As used in this article:

(a) The term "firm" includes any partnership, association, joint-stock company, trust, division of a corporation, the administrator or executor of the estate of a deceased individual, or the receiver, trustee or successor of any of the same, or officer thereof, employing any person.

(b) The term "employee" or "employees" includes any person suffered or permitted to work by a person, firm or corporation.

(c) The term "wages" means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission or other basis of calculation. As used in sections four, five, eight-a, ten and twelve of this article, the term "wages" shall also include then accrued fringe benefits capable of calculation and payable directly to an employee: Provided, That nothing herein contained shall require fringe benefits to be calculated contrary to any agreement between an employer and his or her employees which does not contradict the provisions of this article.

(d) The term "commissioner" means Commissioner of Labor or his or her designated representative.

(e) The term "railroad company" includes any firm or corporation engaged primarily in the business of transportation by rail.

(f) The term "special agreement" means an arrangement filed with and approved by the commissioner whereby a person, firm or corporation is permitted upon a compelling showing of good cause to establish regular paydays less frequently than once in every two weeks: Provided, That in no event shall the employee be paid in full less frequently than once each calendar month on a regularly established schedule.

(g) The term "deductions" includes amounts required by law to be withheld, and amounts authorized for union or club dues, pension plans, payroll savings plans, credit unions, charities and hospitalization and medical insurance.

(h) The term "officer" shall include officers or agents in the management of a corporation or firm who knowingly permit the corporation or firm to violate the provisions of this article.

(i) The term "wages due" shall include at least all wages earned up to and including the twelfth day immediately preceding the regular payday.

(j) The term "construction" means the furnishing of work in the fulfillment of a contract for the construction, alteration, decoration, painting or improvement of a new or existing building, structure, roadway or pipeline, or any part thereof, or for the alteration, improvement or development of real property: Provided, That construction performed for the owner or lessee of a single family dwelling or a family farming enterprise is excluded.

(k) The term "minerals" means clay, coal, flagstone, gravel, limestone, manganese, sand, sandstone, shale, iron ore and any other metallurgical ore.

(l) The term "fringe benefits" means any benefit provided an employee or group of employees by an employer, or which is required by law, and includes regular vacation, graduated vacation, floating vacation, holidays, sick leave, personal leave, production incentive bonuses, sickness and accident benefits and benefits relating to medical and pension coverage.

(m) The term "employer" means any person, firm or corporation employing any employee.

(n) The term "doing business in this state" means having employees actively engaged in the intended principal activity of the person, firm or corporation in West Virginia.

Bills Affecting §21-5-1

2003 Regular Session: HB3116
2003 Regular Session: HB3116
2003 Regular Session: HB3116
2004 Regular Session: HB4122
2004 Regular Session: SB251
2004 Regular Session: SB615
2005 Regular Session: SB694
2006 Regular Session: SB662
2007 Regular Session: HB3224
2007 Regular Session: SB444
2008 Regular Session: HB4447
2008 Regular Session: HB4447
2008 Regular Session: HB4577
2008 Regular Session: HB4691
2008 Regular Session: SB58
2008 Regular Session: SB754
2008 Regular Session: SB754
2009 Regular Session: HB2272
2009 Regular Session: HB2355
2009 Regular Session: HB3009
2010 Regular Session: HB3009
2010 Regular Session: HB4369
2010 Regular Session: HB4387
2010 Regular Session: SB679
2011 Regular Session: HB2092
2011 Regular Session: HB2532
2011 Regular Session: HB2532
2011 Regular Session: HB2770
2012 Regular Session: HB2092
2012 Regular Session: HB4585
2013 Regular Session: HB2532
2013 Regular Session: HB2576
2013 Regular Session: HB2576
2013 Regular Session: HB2596
2013 Regular Session: HB2966
2013 Regular Session: HB2978
2014 2X: HB201
2014 2X: SB2005
2014 Regular Session: HB2576
2014 Regular Session: HB2576
2014 Regular Session: HB2596
2014 Regular Session: HB2966
2014 Regular Session: HB4283
2014 Regular Session: HB4615
2014 Regular Session: SB360
2014 Regular Session: SB360
2014 Regular Session: SB411
2015 Regular Session: HB2206
2015 Regular Session: HB2206
2015 Regular Session: HB2643
2015 Regular Session: HB2712
2015 Regular Session: SB12
2015 Regular Session: SB245
2015 Regular Session: SB245
2015 Regular Session: SB337
2015 Regular Session: SB361
2015 Regular Session: SB361
2015 Regular Session: SB511
2016 Regular Session: HB2206
2016 Regular Session: HB2206
2016 Regular Session: HB2643
2016 Regular Session: HB4005
2016 Regular Session: HB4005
2016 Regular Session: HB4006
2016 Regular Session: HB4364
2016 Regular Session: SB1
2016 Regular Session: SB2
2016 Regular Session: SB2
2016 Regular Session: SB695
2016 Regular Session: SB695
2017 Regular Session: HB2355
2017 Regular Session: HB2546
2017 Regular Session: HB2583
2017 Regular Session: HB2659
2017 Regular Session: HB2895
2017 Regular Session: SB239
2017 Regular Session: SB330
2017 Regular Session: SB372
2017 Regular Session: SB399
2017 Regular Session: SB519
2017 Regular Session: SB606
2017 Regular Session: SB639
2017 Regular Session: SB642
2017 Regular Session: SB643
2017 Regular Session: SB644
2018 Regular Session: HB2355
2018 Regular Session: HB2659
2018 Regular Session: HB2895
2018 Regular Session: HB4141
2018 Regular Session: HB4423
2018 Regular Session: HB4562
2018 Regular Session: SB7
2018 Regular Session: SB15
2018 Regular Session: SB335
2018 Regular Session: SB458
2018 Regular Session: SB504
2019 Regular Session: HB2048
2019 Regular Session: HB2056
2019 Regular Session: HB2786
2019 Regular Session: HB2902
2019 Regular Session: HB3078
2019 Regular Session: HB3078
2019 Regular Session: HB3078
2019 Regular Session: HB3078
2019 Regular Session: HB3078
2019 Regular Session: HB3078
2019 Regular Session: HB3078
2019 Regular Session: HB3078
2019 Regular Session: HB3078
2019 Regular Session: SB65
2019 Regular Session: SB70
2019 Regular Session: SB156
2019 Regular Session: SB377
2019 Regular Session: SB659
2020 Regular Session: HB2056
2020 Regular Session: HB2902
2020 Regular Session: HB3078
2020 Regular Session: HB3078
2020 Regular Session: HB3078
2020 Regular Session: HB3078
2020 Regular Session: HB3078
2020 Regular Session: HB3078
2020 Regular Session: HB3078
2020 Regular Session: HB3078
2020 Regular Session: HB3078
2020 Regular Session: HB4752
2020 Regular Session: SB48
2020 Regular Session: SB135
2020 Regular Session: SB528
2021 Regular Session: HB2009
2021 Regular Session: HB2020
2021 Regular Session: HB2133
2021 Regular Session: HB2542
2021 Regular Session: HB2590
2021 Regular Session: HB2749
2021 Regular Session: HB2848
2021 Regular Session: HB2849
2021 Regular Session: HB2889
2021 Regular Session: HB3115
2021 Regular Session: HB3247
2021 Regular Session: SB6
2021 Regular Session: SB272
2021 Regular Session: SB272
2021 Regular Session: SB364
2021 Regular Session: SB519
2021 Regular Session: SB526
2021 Regular Session: SB527
2021 Regular Session: SB620
2021 Regular Session: SB701