WVC 21 -
CHAPTER 21. LABOR.
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ARTICLE 1. DIVISION OF LABOR.
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§21-1-1. Creation, control and management of department.
There shall be a state department of labor, which shall be
under the control and management of a state commissioner of
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§21-1-2. Appointment of Commissioner of Labor; qualifications;
term of office; salary.
The state Commissioner of Labor shall be appointed by the
Governor, by and with the advice and consent of the Senate. He or
she shall be a competent person, who is identified with the labor
interests of the state. The Commissioner of Labor in office on the
effective date of this section shall, unless sooner removed,
continue to serve until his or her term expires and his or her
successor has been appointed and has qualified. On or before the
first day of April, one thousand nine hundred forty-one, and on or
before the first day of April of each fourth year thereafter, the
Governor shall appoint a Commissioner of Labor to serve for a term
of four years, commencing on said first day of April. The
commissioner shall receive an annual salary as provided in section
two-a, article seven, chapter six of this code.
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§21-1-3. Inspections by commissioner; duties and records of
employers; commissioner may appoint assistants.
The commissioner of labor and his authorized representatives
shall have the power and authority in the discharge of their
duties, to enter any place of employment or public institution,
for the purpose of collecting facts and statistics relating to
the employment of workers and of making inspections for the
proper enforcement of all labor laws of the state. No employer
or owner shall refuse to admit the commissioner of labor or his
authorized representative when they so seek admission to his
place of employment, public building or place of public assembly.
The commissioner or his authorized representative shall, at
least once each year, visit and inspect the principal factories
and workshops of the state, and shall, upon complaint and request
of any three or more reputable citizens, visit and inspect any
place where labor is employed and make true report of the result
of his inspection.
Every employer and owner shall furnish to the department of
labor all information which the commissioner of labor or his
representative is authorized to require, and shall make true and
specific answers to all questions submitted by the department of
labor, orally or in writing as required by the said department.
Every employer shall keep a true and accurate record of the name,
address, and occupation of each person employed by him, and of
the daily and weekly hours worked by each such person, and of the
wages paid each pay period to each such person. Such records
shall be kept on file for at least one year after the date of the record. No employer shall make or cause to be made any false
entries in any such record.
In addition to such other powers and duties as may be
conferred upon the commissioner of labor by law, the said
commissioner of labor shall have the power, duty, jurisdiction
and authority to employ, promote and remove deputies, inspectors,
clerks, and other assistants, as needed, and to fix their
compensation, with regard to existing laws applicable to the
employment and compensation of officers and employees of the
state of West Virginia, and to assign to them their duties; to
make or cause to be made all necessary inspections, to see that
all laws and lawful orders which the department has the duty,
power, and authority to enforce, are promptly and effectively
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§21-1-4. Annual report to governor; collection of statistical
It shall be the duty of the commissioner of labor to
collect, compile and present to the governor, on or before the
first day of December of each year, an annual report, with
statistical details relating to all departments of labor and the
industrial interests of the state, especially in relation to the
financial, social, educational and sanitary condition of the
laboring classes, and all other statistical information that may
tend to increase the prosperity of the productive industries of
the state. He shall also make such suggestions as he may deem
advisable as to legislation tending to promote and increase the
prosperity of the industrial establishments of the state, and to
protect the lives and health and promote the prosperity of the
persons employed therein. All state, county, district and city
officers shall furnish the commissioner of labor, upon request,
all statistical information relating to labor which may be in
their possession as such officers.
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Acts, 2010 Reg. Sess., Ch. 32.
Note: WV Code updated with legislation passed through the 2012 1st Special Session