In determining whether an employer is paying an employee wages
and overtime compensation as provided in sections two and three of
this article, there shall be provided in accordance with the
regulations which shall be promulgated by the commissioner a credit
to the employer of seventy percent of the hourly rate of the amount
paid an employee customarily receiving gratuities, and a reasonable
credit for board and lodging furnished to an employee. The
commissioner shall promulgate regulations relating to maximum
allowances to employers for room and board furnished to employees:
Provided, That the employer shall be required to furnish to the
commissioner upon request, documentary evidence that the employee
is receiving at least seventy percent of the minimum wage in
gratuities or is receiving room and lodging in accordance with the
rules and regulations promulgated by the commissioner.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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