West Virginia Commissioner of Labor
|West Virginia Commissioner of Labor|
|Office website:||Official Link|
|2013 FY Budget:||$3,427,325|
|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|
|Assumed office:||December 2010|
|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 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.|
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
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 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.
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.
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.
The budget for the Division of Labor in Fiscal Year 2013 was $3,427,325.
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.
West Virginia Division of Labor
749 B Building 6
Charleston, WV 25305
Department contact information
- ↑ West Virginia Department of Labor, "Home," accessed January 16, 2013
- ↑ West Virginia Division of Labor, "Overview," Accessed June 28, 2011
- ↑ West Virginia Code Chapter 21: Labor, Accessed June 28, 2011
- ↑ West Virginia State Budget Office, "Legislature's Enrolled FY 2013 Budget Bill," accessed April 3, 2013
- ↑ West Virginia Code, " Retrieved June 20, 2011
- ↑ The Council of State Governments,"The Book of States 2010 Table 4.11," retrieved April 23, 2011