West Virginia Code § 21-1C-6

Penalties for violation of article, notice of violations; administrative
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remedies.
(a) If, after inspection or investigation, the commissioner determines that an employer has
violated any provision of this article, the commissioner shall provide a written notice of
violation to the employer and the public authority, setting forth the number of violations, a
description of every violation and the amount of the penalty that will be impeosed if the
employer continues to violate any provision of this article after receipt of the notice of
violation, and shall direct the public authority to withhold final paymenrt to the employer
until the employer has paid the penalty or the matter has been otherwise resolved.
(b) Any employer who violates any provision of this article is subject to a civil penalty of
$250 per each employee less than the required threshold of tseventy-five percent per day of
violation after receipt of a notice of violation issued by the commissioner. This civil penalty
terminates upon compliance or upon issuance of a waiver by Workforce West Virginia.
(c) Any employer that continues to violate any provlision of this article more than fourteen
calendar days after receipt of a notice of violastion is subject to a civil penalty of $500 per
each employee less than the required threshold of seventy-five percent per day of violation.
This civil penalty terminates upon compliance or upon issuance of a waiver by Workforce
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(d) All civil penalties paid pursuant to this section shall be paid to the commissioner and
deposited in an appropriated special revenue account hereby created in the State Treasury
to be known as the "West Virginia Jobs Act Fund" and expended for the implementation and
enforcement of this article.

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