The West Virginia Division of Labor, Wage and Hour Section, is responsible for the registration of employment agencies operating within the state of West Virginia. Once properly registered, the Division issues a letter of approval to the West Virginia State Tax Department authorizing the issuance of a business registration certificate to operate as a private employment agency. Only those agencies that make placements for individuals which are not on their own payroll are required to register. Temporary employment agencies that make placements of their own employees with other companies to perform work for a fee are not required to register.
The registration process requires the submission of a letter of application to the Commissioner of Labor, a completed state of West Virginia Business Tax Application Form (or other evidence of application for a state business registration certificate) and a sample copy of any placement contracts the agency will require of prospective clients or applicants. The letter of application to the Commissioner must state the name and address of the licensed person (or persons), the name and address under which the business will be conducted, the names and addresses of all owners or profit sharers, any related arrest records and the types of employment referrals the agency intends to make. Once licensed, employment agencies are required to issue monthly reports to the Division of Labor for the purpose of reporting placement activity. The report is to state for each placement, the individual’s name and address, job classification, hourly rate of pay (or salary), the amount charged for the placement fee and whether the fee was paid by the employer or the applicant.