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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) Any employer who knowingly and willfully fails to maintain records as required by section four of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined one hundred dollars for each offense. Failure to keep records on each employee constitutes a separate offense.
(b) Any employer who knowingly violates the provisions of section three of this article by employing, hiring, recruiting or referring an unauthorized worker is guilty of a misdemeanor and, upon conviction thereof, is subject to the following penalties:
(1) For a first offense, a fine of not less than one hundred dollars nor more than one thousand dollars for each violation;
(2) For a second offense, a fine of not less than five hundred dollars nor more than five thousand dollars for each violation;
(3) For a third or subsequent offense, a fine of not less than one thousand dollars nor more than ten thousand dollars, or confinement in jail for not less than thirty days nor more than one year, or both.
(c) Any employer who knowingly and willfully provides false records as to the legal status or authorization to work of any employee to the commissioner or his or her authorized representative is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not more than one year or fined not more than two thousand five hundred dollars, or both.
(d) Any employer who knowingly and willfully and with fraudulent intent sells, transfers or otherwise disposes of substantially all of the employer's assets for the purpose of evading the record-keeping requirements of section four of this article is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not more than one year or fined not more than ten thousand dollars, or both.
Cite this article: FindLaw.com - West Virginia Code Chapter 21. Labor § 21-1B-5. Penalties - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-21-labor/wv-code-sect-21-1b-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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