WVC 21 -
CHAPTER 21. LABOR.
WVC 21 - 4 -
ARTICLE 4. HOURS OF LABOR.
WVC 21 - 4 - 1
§21-4-1. Hours of labor for telephone and telegraph operators on
It shall be unlawful for any person, association or
corporation operating a railroad within this state to permit any
person employed by it on such railroad, in the capacity of
telephone or telegraph operator, whose duty it is to space or
block trains or engines, or handle train orders governing the
movement of trains or engines, or handle interlocking switches
governing the movement of trains or engines, to be on duty more
than eight hours in any twenty-four consecutive hours: Provided,
That the provisions of this section shall apply only to such
parts of a railroad where three or more passenger trains pass
each way in twenty-four consecutive hours, or where ten or more
freight trains pass each way in twenty-four consecutive hours, or
at any office where such telegraph or telephone operators are
employed twenty or more hours in twenty-four consecutive hours:
That in case of necessity caused by the
sickness or death of any such operators, or by an accident on
such railroad, such telephone and telegraph operators may be
permitted to be on duty for a period of twelve consecutive hours
in any twenty-four consecutive hours, but such extension of time
shall extend only for a period long enough to enable such
railroad company to supply the required number of operators at
such office, and shall in no case extend over a period of more
than two days, nor shall it be lawful for any such telegraph or
telephone operator to be on duty twelve consecutive hours in any
twenty-four consecutive hours for more than three times in any calendar month. Nothing in this section shall prevent any such
company and operator from agreeing to a longer day than eight
hours, but in no case shall any such operator be permitted to be
on duty longer than twelve consecutive hours in any twenty-four
consecutive hours under such agreement.
Any person, association or corporation violating the
provisions of this section shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be fined one hundred dollars for
the first offense, and for each subsequent offense shall be fined
three hundred dollars.
WVC 21 - 4 - 2
§21-4-2. Hours of labor on state public works.
The service and employment of all laborers and mechanics who
now are or hereafter may be employed by or on behalf of this
state, or by any contractor or subcontractor, upon any of the
public works of the state, is hereby limited and restricted to
eight hours in any one calendar day, except in cases of
extraordinary emergency; and it shall be unlawful for any officer
of the state, or any such contractor or subcontractor, whose duty
it shall be to employ, direct or control the service of such
laborers or mechanics, to require or permit any such laborers or
mechanics to work more than eight hours in any calendar day,
except as hereinbefore provided.
Any officer or agent of the state, or any contractor or
subcontractor, whose duty it shall be to employ, direct or
control any laborer or mechanic employed upon any of the public
works of the state, who shall intentionally violate any provision
of this section, shall be deemed guilty of a misdemeanor, and for
each and every such offense shall, upon conviction, be fined not
to exceed one thousand dollars, or imprisoned for not more than
six months, or both fined and imprisoned, in the discretion of
the court having jurisdiction thereof.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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