West Virginia Code § 21-5B-1

Definitions
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(1) "Employer" means any person, partnership, firm or corporation employing one or more
employees, but does not include the state, or any municipal corporation or political
subdivision of the state having in force a civil service system based on merit: Provided, That
the term employer shall not include any individual, corporation, business trust, or similar
unit whose operations are subject to any federal act relating to equal wagese for equal work,
regardless of sex.
(2) "Employee" means any individual who, otherwise than as a copartner of the employer or
as an independent contractor, renders personal services wholly our partly in this state to an
employer who pays or agrees to pay such individual at a fixed rate: Provided, however, That
where services are rendered only partly in this state, an inditvidual is not an employee unless
his contract of employment has been entered into, or payments thereunder are ordinarily
made or are to be made, within this state.
(3) "Wages" means all compensation for performanlce of service by an employee for an
employer whether paid by the employer or ansother person, including cash value of all
compensation paid in any medium other than cash.
(4) "Rate" with reference to wages mgeans the basis of compensation for services by an
employee for an employer and includes compensation based on the time spent in the
performance of such services, or on the number of operations accomplished, or on the
quantity produced or handled.
(5) "Unpaid wages" means the difference between the wages actually paid to an employee
and the wages required under section three of this article, to be paid to such employee.

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