Labor Laws

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State of West Virginia 

Click here to Search the West Virginia State Code on line.



WV Prevailing Wage - Prevailing wage law copies federal Davis Bacon and applies to projects with funding from state, county, municipal or other non-federal public sources.  Click to review current and past WV Prevailing Wage Rates

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

Enrolled Senate Bill 100, passed March 11, 2004; effective ninety days from passage. §5A-3-10a. Prohibition for awarding contracts to vendors which owe a debt to the state or its political subdivisions.

WV Jobs Act  - Must hire 75% local workers on all state projects costing more than $1 million.

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

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

Wage Payment Collection Act - State Law regarding payment of wages.
Good Q&A about state law on wage payment

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

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 pulic works projects.

Legal Decisions  

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 criterea 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.


Ongoing Legal Actions                                                                               

December 1, 2004; Declaratory Judgement filed re King Coal Highway; ACT Foundation & WV State Building Trades versus The West Virginia Department of Transportation, Division of Highways; and Nicewonder Contracting Inc.