West Virginia Commissioner of Labor

West Virginia Commissioner of Labor
General information
Office Type:	Non-partisan
Office website:	Official Link
2013 FY Budget:	$3,427,325
Term limits:	None
Structure
Length of term:	Concurrent with the term of the governor
Authority:	Chapter 21, Article 1 of the West Virginia Code
Selection Method:	Appointed by Governor
Current Officeholder
Name:	David Mullins
Assumed office:	December 2010
Compensation:	$70,000
Other West Virginia Executive Offices
Governor • Lieutenant Governor • Secretary of State • Attorney General • Treasurer • Auditor • Superintendent of Education• Agriculture Commissioner • Insurance Commissioner• Natural Resources Commissioner • Secretary of Commerce • Commissioner of Labor • Public Service Commission

The West Virginia Commissioner of Labor is an appointed state executive position in the West Virginia state government. The commissioner is the head of the state Division of Labor, which falls under the jurisdiction of the Secretary of Commerce, and is responsible for inspections, licensing, and labor law enforcement across the state.

Current officeholder

The current labor commissioner is David Mullins.

Authority

The state department of labor and the authority of the commissioner is established in Chapter 21, Article 1 of the West Virginia Code:

Chapter 21, Article 1, Section 1:

There shall be a state department of labor, which shall be under the control and management of a state commissioner of labor.

Qualifications

Chapter 21, Article 1 also establishes the qualifications for the office of labor commissioner:

The state Commissioner of Labor shall be appointed by the Governor, by and with the advice and consent of the Senate. He or she shall be a competent person, who is identified with the labor interests of the state. The Commissioner of Labor in office on the effective date of this section shall, unless sooner removed, continue to serve until his or her term expires and his or her successor has been appointed and has qualified. On or before the first day of April, one thousand nine hundred forty-one, and on or before the first day of April of each fourth year thereafter, the Governor shall appoint a Commissioner of Labor to serve for a term of four years, commencing on said first day of April. The commissioner shall receive an annual salary as provided in section two-a, article seven, chapter six of this code.

• a competent person
• identified with the labor interests of the state

Appointments

The Commissioner of Labor is an appointed position in West Virginia. The Governor nominates a candidate to the state senate, and the senate confirms the nominee. The incumbent serves at the will and pleasure of the governor for the term for which the Governor was elected and remains in office until their successor has been appointed and qualified.

Vacancies

Vacancies in the office of labor commissioner are filled by gubernatorial appointment with the consent of the state senate. The appointee continues to serve at the pleasure of the governor until their successor has been appointed and confirmed.

Duties

The West Virginia Division of Labor falls under the purview of the state Department of Commerce. The division conducts inspections of measurement devices, amusement rides, manufactured homes, elevators, and boilers. It licenses contractors, crane operators, and plumbers and enforces the state's labor and wage laws and regulations.

Chapter 21, Article 1 of the West Virginia Code elaborates on the duties of the commissioner. The officeholder, or their authorized representative, is authorized to enter any work place in the state to collect information relating to workers, wages, and working conditions. West Virginia's "principal factories and workshops" are inspected once a year, and the commissioner will inspect any work place if three or more "reputable citizens" lodge complaints with the office. The commissioner also provides an annual written report to the governor.

Divisions

The West Virginia Division of Labor has five sections:

• The Licensing section manages the state's application and licensing processes for bedding, contractors, crane operators, manufactured housing, and plumbers.
• The Wage & Hour section ensures West Virginia employees receive all wages and benefits due for the hours they work, and enforces compliance with wage and child labor laws and regulations.
• The Weights & Measures section inspects measurement devices for items ranging from tractor trailers and rail cars to gasoline and supermarket produce.
• The Manufactured Housing section enforces the West Virginia Manufactured Housing Construction and Safety Standards Act. The staff of this section licenses manufacturers, dealers, and installers, and manages the state's manufactured housing recovery fund.
• The Safety section enforces the Elevator Safety Act, the Steam Boiler Inspection Law, and the Amusement Rides and Amusement Attractions Safety Act. The office licenses private contractors who conduct inspections across the state, and issues certificates of inspection and permits to operate.

State budget

The budget for the Division of Labor in Fiscal Year 2013 was $3,427,325.

Compensation

Chapter 6, Article 7-2 of the West Virginia Code lays out the exact compensation for certain state officers. According to this section of the state code, the salary of the commissioner of labor, beginning in 2006 and for each calendar year thereafter, shall be $70,000. In 2010, the West Virginia Treasurer was paid an estimated $70,000 according to the Council of State Governments.

Contact information

West Virginia Division of Labor
749 B Building 6
Capitol Complex
Charleston, WV 25305

Phone: 304-558-7890
Fax: 304-558-2415
Department contact information

See also

• Labor Commissioner
• David Mullins

External links

Suggest a link

• West Virginia Division of Labor