West Virginia Code of State Rules Agency 43 - Minimum Wage Rate Board
West Virginia Code of State Rules – Agency 43: Minimum Wage Rate Board
Agency 43 of the West Virginia Code of State Rules (CSR) outlines the regulations adopted by the Minimum Wage Rate Board, which operates under the authority of West Virginia Code §21-5C. This board is responsible for holding public hearings and adopting rules related to minimum wage rates, overtime standards, and certain wage exemptions in the state.
🔹 Purpose of the Minimum Wage Rate Board (Agency 43):
Establish and adjust minimum wage rates when needed.
Ensure fair compensation in alignment with economic and labor conditions.
Provide oversight and guidance for exemptions and special wage classifications.
Conduct hearings and adopt wage orders as required by law.
📘 Key Provisions Typically Found in Agency 43 Rules:
| CSR Section | Subject |
|---|---|
| 43-1 | General Rules of the Minimum Wage Rate Board |
| 43-2 | Procedures for Wage Orders and Public Hearings |
| 43-3 | Rules Related to Special Minimum Wage Certificates or Exemptions |
Note: Specific CSR sections under Agency 43 are minimal and are often procedural in nature, as the Board’s main function is quasi-legislative, holding hearings and issuing findings based on economic data.
✅ Key Topics and Regulatory Scope:
1. Minimum Wage Determinations
The Board may recommend increases to the state minimum wage (currently $8.75/hour as of prior updates, unless changed by legislation).
Hearings are used to assess whether wage adjustments are needed.
2. Wage Orders
The Board can issue wage orders applicable to specific industries or occupations.
Orders may include standards for overtime pay and working conditions.
3. Exemptions & Special Cases
May advise on wage standards for:
Tipped employees
Learners, apprentices, or disabled workers
Certain nonprofit or agricultural employment
4. Hearings and Rulemaking Process
Rules establish how hearings are called, who may testify, how evidence is considered, and how wage orders are published.
🏛️ Legal Authority:
West Virginia Code §21-5C-5 through §21-5C-7 authorizes the creation and function of the Minimum Wage Rate Board.
Agency 43 CSR provides the procedural framework for how the Board operates.
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