Labor Laws

State of West Virginia, search the West Virginia State Code.

The WV prevailing wage law will no longer be in effect for projects awarded after May 12, 2016 due to legislative repeal. Projects with at least some Federal funding and subject to the Davis-Bacon Act will continue to have the Federal prevailing wage requirement.

State Labor Law

Bidding Regulations - WV State Code 5-22-1 explains purchasing rules which State Agencies have to follow.

Subcontractor Listing - WV State Code 5-22

Debarment of vendors  - Companies already barred from federal contracts, or who have been placed on a state list, can not bid or receive public works contracts

Purchasing . §5A-3-10a. Prohibition for awarding contracts to vendors which owe a debt to the state or its political subdivisions.

Government Construction Contracts

WV Jobs Act  - Must hire 75% local workers on all state projects costing more than a half-million dollars.  

WV Contractor Licensing Law - All contractors must have a license to do business in West Virginia

WV Plumbers Licensing Law -  Anyone performing plumbing work in West Virginia must have a license beginning January 1, 2009.

Verifying Legal Employment Status of Workers, WV Code 21-1B.

Wage Payment Collection Act - State Law regarding payment of wages.

Design Build - State Law allowing state and local governments to use an alternative approach to project construction called design-build.

Crane Operator Certification - Anyone operating a crane in the construction industry must be certified as of September 1, 2001  Repealed as of May 2021

Tax Credits for Apprenticeship -  For those tax years beginning on or after the first day of January, two thousand eight, there shall be allowed a credit for any taxpayer against certain taxes imposed by this state as described in subsection (d) of this section for wages paid to apprentices in the construction trades who are registered with the United States Department of Labor. 

WV Tax Credit Forms

Alcohol and Drug Free Workplace Act -   After the first day of July, two thousand eight, any solicitation for a public improvement contract shall require each contractor that submits a bid for the work to submit at the same time an affidavit that the contractor has a written plan for a drug-free workplace policy.

OSHA Construction Safety Program§21-3-22 State law setting forth the requirement for employees working on public improvement contracts over $50,000 to complete, within twenty-one calendar days after being employed or assigned to the public improvement worksite, the ten hour safety program designed by OSHA

Federal Laws

Federal Wage Laws - Minimum Wage, Overtime, Child Labor, Family Medical Leave and more.

Davis Bacon - Known as 'prevailing wage' this federal law requires wages that are normal for an area be paid when federal dollars are used for construction projects. The purpose is to make sure federal projects maintain or improve living standards in the area. Without this law local workers would be forced to lower their wages to work on federal projects when low wage contractors get the awards.

Two sites have excellent information regarding this important law.

Frequently Asked Questions About Davis Bacon
A Contractor's Guide to Davis Bacon

Copeland Anti-Kickback Act
 - Federal Law requiring certified payrolls and other protections for workers on public works projects.

Legal Decisions

Justice Workman Dissent - Right To Work Ruling April 21, 2020

Supreme Court Appeal from Circuit Court Reversed & Remanded  Sept 15 2017, Right To Work Injunction Order issued by Judge Jennifer Bailey

Right To Work Injunction Order issued Feb 24 2017 by Judge Jennifer Bailey

Supreme Court PSC Decision
 - January 2002 decision from the West Virginia Supreme Court of Appeals. Upholds the unions right to file a complaint at the Public Service Commission and to require employment and financing information as part of the criteria for determining if a merchant power plant gets permission to build.

Supreme Court ACT/WVU Decision - December 2001 decision of the West Virginia Supreme Court of Appeals. Sets criteria for determining whether or not a construction project is a public or private project.

Supreme Court ACT/Regional Jail Authority - July 1997 decision from the West Virginia Supreme Court of Appeals sets criteria for when Letting Agencies have a legal duty under FOIA to acquire copies of payroll records.

"If you work for a living, we're working for you." ™ 

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