WV Jobs Act

Because the unemployment rate in West Virginia is higher compared to many other states, the West Virginia Legislature passed the West Virginia Jobs Act. The West Virginia Jobs Act requires employers hired for construction work on state-funded public projects that cost $500,000.00 or more to hire 75% of their workers from the local labor market. The local labor market includes all counties within West Virginia and any counties outside of West Virginia that are within 50 miles of the state border. However, these rules don’t apply to projects that receive any federal funding.

If WorkForce West Virginia cannot refer enough qualified job applicants for the employer, or if less qualified applicants than requested are referred, WorkForce West Virginia must issue a waiver to the employer. This waiver states that there aren’t enough applicants available and allows the employer to hire workers from outside the local labor market. The waiver must be written and issued within three days. A certificate of the waiver will be given to the employer for their records and to the public authority.

For additional information on the West Virginia Jobs Act, contact workforce.wvjobsact@wv.gov.