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Chapter 21     Entire Code


ARTICLE 1. DIVISION OF LABOR.

ARTICLE 1A. LABOR-MANAGEMENT RELATIONS ACT FOR THE PRIVATE SECTOR.

ARTICLE 1B. VERIFYING LEGAL EMPLOYMENT STATUS OF WORKERS.

ARTICLE 1C. WEST VIRGINIA JOBS ACT.

ARTICLE 1D. WEST VIRGINIA ALCOHOL AND DRUG-FREE WORKPLACE ACT.

ARTICLE 2. EMPLOYMENT AGENCIES.

ARTICLE 3. SAFETY AND WELFARE OF EMPLOYEES.

ARTICLE 3A. OCCUPATIONAL SAFETY AND HEALTH ACT.

ARTICLE 3B. EMPLOYER ASSISTANCE FOR ENVIRONMENTAL PROTECTION.

ARTICLE 3C. ELEVATOR SAFETY.

ARTICLE 3D. CRANE OPERATOR CERTIFICATION ACT.

ARTICLE 3E. THE WEST VIRGINIA SAFER WORKPLACE ACT.

ARTICLE 4. HOURS OF LABOR.

ARTICLE 5. WAGE PAYMENT AND COLLECTION.

ARTICLE 5A. WAGES FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS.

ARTICLE 5B. EQUAL PAY FOR EQUAL WORK.

ARTICLE 5C. MINIMUM WAGE AND MAXIMUM HOURS STANDARDS FOR EMPLOYEES.

ARTICLE 5D. THE PARENTAL LEAVE ACT.

ARTICLE 5E. EQUAL PAY FOR EQUAL WORK FOR STATE EMPLOYEES.

ARTICLE 5F. NURSE OVERTIME AND PATIENT SAFETY ACT.

ARTICLE 5H. EMPLOYEE PERSONAL SOCIAL MEDIA.

ARTICLE 6. CHILD LABOR.

ARTICLE 7. INDUSTRIAL HOMEWORK.

ARTICLE 8. WEST VIRGINIA COMMISSION ON MANPOWER, TECHNOLOGY AND TRAINING.

ARTICLE 9. MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS.

ARTICLE 10. AMUSEMENT RIDES AND AMUSEMENT ATTRACTIONS SAFETY ACT.

ARTICLE 11. WEST VIRGINIA CONTRACTOR LICENSING ACT.

ARTICLE 11A. NOTICE AND OPPORTUNITY TO CURE CONSTRUCTION DEFECTS.

ARTICLE 12. COMMERCIAL BUNGEE JUMPING SAFETY ACT.

ARTICLE 13. CONVENIENCE FOOD STORES SAFETY ACT.

ARTICLE 14. SUPERVISION OF PLUMBING WORK.

ARTICLE 15. ZIPLINE AND CANOPY TOUR RESPONSIBILITY ACT.

ARTICLE 16. REGULATION OF HEATING, VENTILATING AND COOLING WORK.

ARTICLE 5G. WEST VIRGINIA WORKPLACE FREEDOM ACT.

§21-5G-1.  Definitions.

As used in this article:

(1) The term “person” means any individual, proprietorship, partnership, firm, association, corporation, labor organization or any other legal entity.

(2) The term “labor organization” means any organization, agency, union or employee representation committee of any kind that exists, in whole or in part, to assist employees in negotiating with employers concerning grievances, labor disputes, wages, rates of pay or other terms or conditions of employment.

(3) The term “employer” means any person employing at least one individual in the state or any agent of an employer employing at least one individual in the state.

§21-5G-2.  Individual’s right to refrain from affiliating with a labor organization.

A person may not be required, as a condition or continuation of employment, to:

(1) Become or remain a member of a labor organization;

(2) Pay any dues, fees, assessments or other similar charges, however denominated, of any kind or amount to any labor organization; or

(3) Pay any charity or third party, in lieu of those payments, any amount that is equivalent to or a pro rata portion of dues, fees, assessments or other charges required of members of a labor organization.

§21-5G-3.  Contracting for exclusion from employment because of affiliation or nonaffiliation with a labor organization.

Any agreement, contract, understanding or practice, either written or oral, implied or expressed, between any labor organization and an employer or public body which provides for the exclusion from employment of any person because of membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor organization or employee organization of any kind is hereby declared to be unlawful, null and void, and of no legal effect.

§21-5G-4.  Criminal penalty.

Any person who knowingly requires another person, as a condition or continuation of employment, to perform any of the conduct enumerated in section two of this article, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $5,000.

§21-5G-5.  Civil relief; damages.

Any person injured as a result of any violation or threatened violation of this article shall have a cause of action, and, if proven in a court of competent jurisdiction, may be entitled to the following relief against a person or persons violating or threatening to violate this article:

(1) Compensatory damages;

(2)  Costs and reasonable attorney fees, which shall be awarded if the injured person substantially prevails;

(3) Punitive damages in accordance with the provisions of section twenty-nine, article seven, chapter fifty-five of this code;

(4) Preliminary and permanent injunctive relief; and

(5) Any other appropriate equitable relief.

§21-5G-6.  Exceptions.

This article does not apply:

(1) To any employee or employer covered by the federal Railway Labor Act, 45 U. S. C. §151, et seq.;

(2) To any employee of the United States or a wholly owned corporation of the United States;

(3) To any employee who is employed on property over which the United States government has exclusive jurisdiction for purposes of labor relations; or

(4) Where the provisions of this article would otherwise conflict with, or be preempted by, federal law.

§21-5G-7. Applicability; severability.

(a) Applicability. — This article applies to any written or oral contract or agreement entered into, modified, renewed or extended on or after July 1, 2016: Provided, That the provisions of this article do not otherwise apply to or abrogate a written or oral contract or agreement in effect on or before June 30, 2016.

(b) Severability. — If any provision of this article or the application of any such provision of this article to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of this article or the application of its provisions to persons or circumstances other than those to which it is held invalid is not affected thereby.

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