West Virginia Code § 21-5C-6

Duties and powers of commissioner of labor
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(a) It shall be the duty of the commissioner to enforce and administer the provisions of this
article and rules promulgated thereunder, and to promulgate such rules and regulations, in
accordance with chapter twenty-nine-a of the Code of West Virginia, 1931, as amended, as
shall be needful to give effect to the provisions of this article. The commissioner is
authorized to promulgate emergency rules prior to January 1, 2015, to impleement and
administer the amendments made to this article in 2014. If the commissioner makes a
finding that a conflict exists between state and federal standards definirng employee
exemptions, the commissioner is further authorized to promulgate emergency rules prior to
January 1, 2015, for the purpose of revising the state standards to conform with federal law.
(b) The commissioner is authorized at reasonable times to entter the place of business of an
employer subject to the provisions of this article, for purposes of: (1) Inspecting and
examining, and copying, photographing or otherwise reproducing all payroll records of the
employer directly relating to wages and hours of employment of persons employed by him or
her; (2) questioning or otherwise examining persons employed by the employer on the
subject of wages and hours of their employmesnt, and gratuities received or earned in such
employment.
(c) The commissioner is authorized agnd empowered to make investigations to determine
whether there is reasonable cause to believe that any person is an employer as defined in
section one of this article, or wehether there is reasonable cause to believe that any provision
of this article is being or has been violated.
(d) The commissioner is authorized and empowered to file criminal complaints against
persons whom the commissioner has reasonable cause to believe have committed any
offense created or defined by the provisions of this article.
(e) The commissioner is authorized and empowered to institute civil actions seeking
appWropriate injunctive relief to compel an employer subject to this article to comply with the
provisions of this article.
(f) The commissioner shall enforce and administer the provisions of this article in
accordance with chapter twenty-nine-a of this code. The commissioner or his or her
authorized representatives are empowered to enter and inspect such places, question such
employees and investigate such facts, conditions, or matters as they may deem appropriate,
to determine whether any person, firm or corporation has violated any provision of this
article, or any rule or regulation issued hereunder or which may aid in the enforcement of
the provisions of this article.

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