Under the West Virginia Jobs Act, employers that have public improvement contracts with the state are obligated to hire workers from "local labor markets" to work on public improvement projects. Covered contracts include construction, reconstruction, improvement, enlargement, painting, decorating, or repair of any public improvement for an amount equal to or greater than $1 million.
The term “local labor market” means every county in West Virginia and all counties bordering West Virginia within 75 miles of the state's border.
Local labor market requirement. Under the Act, employers must hire at least 75 percent of employees for public improvement construction projects from the local labor market, with at least two employees from outside the local labor market permissible for each employer per project.
Any employer unable to employ the minimum number of employees from the local labor market must inform the nearest office of the Bureau of Employment Programs' Division of Employment Services of the number of qualified employees needed and provide a job description of the positions to be filled.
If within 3 business days of this notification the Division is unable to refer any qualified job applicants to the employer or refers less qualified job applicants than the number requested, the division will issue a waiver to the employer, allowing the employer to fill any positions covered by the waiver from outside the local labor market. A waiver certificate will be sent to both the employer for its permanent project records and to the public authority. Any employer that violates this Act will be subject to a civil penalty of $100 per day of violation (WV Code Sec. 21-1C-1et seq.).
Compliance statement. Every ...