West Virginia Code § 21-1C-2

Definitions
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As used in this article:
(1) The term "commissioner" means the Commissioner of the West Virginia Division of
Labor, or his or her authorized representatives.
(2) The term "construction project" means any construction, reconstruction, improvement,
enlargement, painting, decorating or repair of any public improvement let to contract in an
amount equal to or greater than $500,000. The term "construction project" does not include
temporary or emergency repairs; u
(3) The term "domicile" or "primary residence" means an individual's true, fixed, principal,
and permanent home, to which he or she returns or intends to return, even though currently
residing elsewhere. Presentation of a valid, governmenat-issued identification card shall be
conclusive proof of domicile.
(4) (A) The term "employee" means any person hired or permitted to perform hourly work for
wages by a person, firm or corporation in the construction industry;
(B) The term "employee" does not include:
(i) Bona fide employees of a public authority or individuals engaged in making temporary or
emergency repairs;
(ii) Bona fide independeLnt contractors; or
(iii) Salaried supervisory personnel necessary to assure efficient execution of the employee's
work;
(5) The term "employer" means any person, firm or corporation employing one or more
empWloyees on any public improvement and includes all contractors and subcontractors;
(6) The term "local labor market" means every county in West Virginia, and any county
outside of West Virginia if any portion of that county is within fifty miles of the border of
West Virginia;
(7) The term "public authority" means any officer, board, commission or agency of the State
of West Virginia and its subdivisions, including counties and municipalities. Further, the
economic grant committee, economic development authority, infrastructure and jobs
development council and School Building Authority shall be required to comply with the
provisions of this article for loans, grants or bonds provided for public improvement
construction projects;
(8) The term "public improvement" includes, the construction of all buildings, roads,
highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, waterworks,
airports and all other structures that may be let to contract by a public authority, excluding
improvements funded, in whole or in part, by federal funds.

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