USVI Public Records

(a) It is declared to be the policy of this chapter: (1) to establish, so far as practicable and as rapidly as possible, minimum wage and maximum hour standards, and labor conditions at levels consistent with the health, efficiency, and general well-being of workers in the different occupations, without substantially curtailing employment or earning power; (2) to increase employment opportunities; and (3) to promote regular employment of workers thereby promoting their economic welfare, enhancing their ability to support their families, and strengthening the economy of the Virgin Islands. (b) It is further declared to be the policy of this chapter to promote the progressive development of industries and businesses which operate in the Virgin Islands by endeavoring to establish conditions favorable to their economic stability and natural expansion. History: Amended Mar. 16, 1962, No. 844, § 1.

As used in this chapter- "Commissioner" means the Commissioner of Labor of the Virgin Islands; "employ" includes to suffer or to permit to work; "employee" includes any individual employed by an employer but does not include- (1) an individual employed in domestic service in a private home; (2) an individual employed in a bona fide executive, administrative, or professional capacity; (3) an individual employed by the United States, or by the Government of the Virgin Islands or any instrumentality thereof; (4) an individual engaged in the activities of an educational, charitable, religious, or non-profit organization where the employer-employee relationship does not, in fact, exist or where the services rendered to such organization are on a voluntary basis; or (5) an individual employed as a seaman or engaged in the catching, taking or selling of any fresh fish, shellfish, or crustacea; "employer" includes any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee; "occupation" means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which individuals are gainfully employed; "wage" means legal tender of the United States, or checks on banks convertible into cash on demand at full face value thereof and shall not include tips or gratuities of any kind, but shall include the reasonable cost, as determined by the Commissioner, to the employer of furnishing such employee with board, lodging, or other facilities, if such board, lodging, or other facilities are regularly furnished by such employer to such employee; Provided, however, That in the Tourist Service and Restaurant Industries, the Wage Board shall prescribe: (a) a minimum hourly cash wage which must actually be paid by the employer to the employee regardless of any deductions or offset from wages for board, lodging or other facilities regularly furnished by such employer to such employees. "wage board" means a board created as provided in section 6 of this title; "service personnel" means personnel who are employed as bartenders, barboys, doormen, bellboys, bellhops, waiters, waitresses, busboys, countermen, bar waiters, headwaiters or maitre de hotel; "tourist service industry" means an industry engaged in the operation of a hotel, a guesthouse, a tourist-oriented park, or a golf course operated primarily in the interests of the tourist trade whether or not in conjunction with a hotel or guesthouse, or such portion of an enterprise as is exclusively devoted to such operation; "restaurant industry" means the operation of restaurants, night clubs, bars, snack shops, soda fountains, coffee shops, and related enterprises, or such portion of an enterprise as is exclusively devoted to such operation. History: Amended Mar. 17, 1965, No. 1343, § 6, Sess. L. 1965, Pt. I, p. 81; Apr. 4, 1966, No. 1670, § 1(a), Sess. L. 1966, p. 132; June 15, 1966, No. 1756, Sess. L. 1966, p. 339; Jan. 22, 1980, No. 4400, § 1, Sess. L. 1980, p. 4; June 1, 1984, No. 4944, § 1, Sess. L. 1984, p. 145; Sept. 9, 1996, No. 6117, § 3, Sess. L. 1996, p. 92.

The Commissioner of Labor shall administer the provisions of this chapter. History: Amended Mar. 17, 1965, No. 1343, § 6, Sess. L. 1965, Pt. I, p. 81.

(a) Except as otherwise provided in this chapter, every employer shall pay to each of his employees including employees who are less than 18 years of age or full-time high school students at a rate not less than $8.35 per hour beginning 90 days immediately following the effective date of this subsection, not less than $9.50 per hour beginning June 1, 2017, not less than $10.50 an hour during the year beginning June 1, 2018, and beginning June 1, 2019, not less than the minimum wage determined in accordance with subsection (b) of this section; but tourist service and restaurant employees who are tipped employees, must be paid a minimum wage set in this subsection or in accordance with subsection (b) at a rate not less than 40% of the minimum wage. After 2020, the Virgin Islands Wage Board may, based on verifiable economic data, adjust the minimum wage for tourist service and restaurant employees who are tipped employees to a rate not greater than 45% of the minimum wage or less than the federal minimum wage for tipped employees. (b) After December 31, 2018, and in each succeeding year thereafter, the minimum wage rate in effect under subsection (a) of this section will be reviewed by the Virgin Islands Wage Board in accordance with the provisions set forth at Title 24, chapter 1, Virgin Islands Code. The Wage Board may determine a minimum wage rate equal to not more than 50 percent of the average private, nonsupervisory, nonagricultural hourly wage as determined by the Wage Board for the previous November, rounded to the nearest multiple of five (5) cents, but at no time less than the effective Federal Minimum Wage. (c) In complying with Title 24, section 8, subsection (b), Virgin Islands Code, the Commissioner of Labor shall direct the Virgin Islands Department of Labor, Bureau of Labor Statistics, to submit data inclusive of the minimum wage rate in effect under subsection (a), together with the average, private, nonsupervisory, nonagricultural hourly wage and the Federal Minimum Wage Guidelines, to the Wage Board within 30 days of the request thereof. History: Amended June 16, 1960, No. 627, § 1, Sess. L. 1960, p. 152; Mar. 24, 1988, No. 5336, § 1, Sess. L. 1988, p. 121; Oct. 20, 1992, No. 5819, § 1, Sess. L. 1992, p. 158; Nov. 14, 2005, No. 6814, § 1, Sess. L. 2005, p. 483; amended Mar. 23, 2016, No. 7856, § 1(a), (b), Sess. L. 2016, p. 31.

(a) The Commissioner shall have the authority to- (1) investigate, ascertain, and gather data regarding the wages, hours of work and labor conditions of persons employed in any occupation in the Virgin Islands; and (2) enter and inspect, during all reasonable hours, the place of business or employment of any employer of persons in any occupation in the Virgin Islands for the purpose of examining, inspecting, and making such transcription thereof of any or all books, registers, payrolls, and other records of any such employer that in any way relate to or have a bearing upon the question of wages, hours and other conditions of employment of any such persons, and may question such employees, and investigate such facts, conditions, practices or matters that he may deem necessary or appropriate for the purpose of ascertaining whether the provisions of this chapter and the orders and regulations issued thereunder have been and are being complied with and to otherwise aid him in furthering the policies of this chapter. (3) require from any such employer full and correct statements in writing and copies of records with respect to wages, hours, labor conditions, names, addresses and such other information pertaining to his employees and their employment as the Commissioner may deem necessary or appropriate. (b) The Commissioner or Governor may at any time cause the wage board, provided for by this chapter, to make any investigation or study, and to submit recommendations based thereon, on any subject which is within the wage board's authority and competence. History: Amended May 16, 1957, No. 160, § 69, Sess. L. 1957, p. 41; May 29, 1968, No. 2213, § 1, Sess. L. 1968, Pt. II, p. 13.

(a) The Virgin Islands Wage Board, heretofore established within the Department of Labor, is continued within the Department. (b) The Board shall be composed of eight members as follows: (1) Seven voting members appointed by the Governor with the advice and consent of the Legislature. At all times at least one member shall be a woman, at least two shall be citizens residing within the area comprising Saint Thomas and Saint John, and at least two shall be citizens residing in Saint Croix. Employers and employees shall be represented by two voting members each and the public shall be represented by 3 members; and (2) The Commissioner of Labor, or his designee, shall be a member ex officio, without vote, and shall be the Secretary of the Board. (c) All members shall serve terms of three years which begin on July 1st, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Each member shall serve until the appointment and qualification of his successor. (d) The Board shall elect annually one of its members to serve as its chairman, and one as vice chairman. (e) Five members present at a scheduled meeting shall constitute a quorum and no act shall be valid unless voted for by an affirmative vote of a majority of the members present. (f) Each member who is not a Government employee shall receive, for each day or part thereof spent in the work of the Board: (1) per diem in lieu of subsistence as established by existing regulations, (2) reimbursement of all travel expenses incurred in the discharge of his duties, and (3) a stipend equivalent in amount to the daily rate of per diem as established by existing regulations. (g) The Governor may seek recommendations for nominations from existing business or employee organizations and may make and establish, from time to time, rules and regulations governing the selection of wage boards and their mode of procedure not inconsistent with this chapter. (h) For the purposes of promoting effective management of the Board and the faithful execution of the laws of the Virgin Islands the Governor shall act expeditiously to submit to the Legislature the appointments of members to fill vacancies in the membership of the Board resulting from expiration of term or from any other cause. (i) A member may be removed by the Governor only for cause. (j) In addition to the performance of its functions as prescribed by statute, the Board may perform such related functions as the Governor or the Commissioner of Labor may request. (k) The Wage Board shall convene on the third Monday in January of each year and remain in session for so long as it is necessary to carry out its duties as provided under this title. The Board may remain convened or may reconvene on its own motion to perform such other functions as prescribed by the Governor or Commissioner of Labor. History: Amended June 2, 1959, No. 425, §§ 1-4, Sess. L. 1959, p. 30; June 16, 1960, No. 627, § 2, Sess. L. 1960, p. 152; Oct. 30, 1961, No. 791, § 1, Sess. L. 1961, p. 238; Mar. 16, 1962, No. 844, § 3; Apr. 4, 1966, No. 1670, §§ 1(b), 2(a), Sess. L. 1966, p. 132, 134; May 29, 1968, No. 2213, § 1, Sess. L. 1968, Pt. II, p. 14; Oct. 20, 1992, No. 5819, § 2(a), Sess. L. 1992, p. 159; amended Mar. 23, 2016, No. 7856, § 2(a), Sess. L. 2016, p. 31.

(a) The wage board shall make regular and systematic investigations and studies of wages, hours, and working conditions for occupations affected by this chapter, including the annual reconsideration of all wage orders issued pursuant to this chapter. (b) The wage board shall classify each industry or occupation into not less than three major categories or classes of employment and shall prescribe a wage rate for each category or class of employment. (c) In the case of the construction industry, the wage board shall prescribe a minimum wage rate for each of the following major categories of employment: (1) laborers; (2) helpers and semi-skilled workers; (3) truck drivers; (4) skilled craftsmen such as masons, carpenters, electricians, and plumbers; (5) steel workers; and (6) heavy equipment operators such as bulldozer and crane operators. (d) The wage board may prescribe overtime or part-time rates, special rates for special or extra work, limitations on deductions from wages for board, lodging, apparel, or other facilities or services customarily furnished by the employer to his employees. (e) The wage board may also prescribe a suitable scale of wages for learners and apprentices at rates less than the minimum wage otherwise applicable to the occupation. (f) The wage board may also prescribe maximum hours of work and other labor conditions required for the maintenance of health and safety and general well-being of employees. (g) The wage board may prescribe a maximum workweek of up to 40 hours before overtime rates must be paid to service personnel employed in the tourist service and restaurant industries. (h) The wage board shall prescribe the minimum recruitment wage pursuant to chapter 6 of this title and may prescribe a minimum workweek guarantee of not less than 20 hours nor more than 50 hours per week as provided for by section 124(d)(4) [sic] of this title. (i) In prescribing minimum wages pursuant to the powers and duties of this chapter, the wage board shall, to the best of its ability, protect the health, welfare, and economy of the people of the Virgin Islands and promote full employment. History: Amended Mar. 29, 1968, No. 2147, § 1, Sess. L. 1968, Pt. I, p. 423; May 29, 1968, No. 2213, § 1, Sess. L. 1968, Pt. II, p. 15; Jan. 22, 1980, No. 4400, § 2, Sess. L. 1980, p. 4; Oct. 20, 1992, No. 5819, § 2(b), Sess. L. 1992, p. 159; amended Mar. 23, 2016, No. 7856, § 2(b), Sess. L. 2016, p. 31.

(a) In prescribing minimum wage rates, the wage board shall request evidence from any interested party and, without being bound by any technical rules of evidence or procedure, shall consider, among other relevant factors: (1) the amount of compensation necessary to provide adequate maintenance and to protect the health, safety, and general well-being of the workers; (2) such factors as would guide a court in a suit for the reasonable value of services rendered where services are rendered at the request of the employer without contract as to the amount of the wage to be paid; and (3) the wages, including overtime and premium rates, paid in the Virgin Islands for work of like or comparable character by employers who maintain reasonable minimum wage standards. (b) The Commissioner shall present to the wage board all evidence and information in his possession relating to wages, hours of work and conditions of work in the occupations currently under investigation, and all other information which he may deem relevant to the establishment of minimum wage rates, maximum hours of work and other labor conditions for the persons in such occupations. (c) The wage board shall have the power to administer oaths and to require by subpoena the attendance and testimony of witnesses and the production of all books, records and other evidence relative to any matters under investigation. Such subpoenas shall be signed and issued by the chairman of the wage board and may be served in the same manner as subpoenas issued by the Superior Court of the Virgin Islands or may be served by registered mail receipted by the person subpoenaed and such subpoenas shall have the same effect as if issued out of the Municipal Court of the Virgin Islands. The wage board shall have the power to cause depositions of witnesses, residing within or outside the Virgin Islands, to be taken in the manner prescribed for like depositions in civil actions in the Superior Court. History: Amended May 29, 1968, No. 2213, § 1, Sess. L. 1968, Pt. II, p. 16; Sept. 9, 1976, No. 3876, § 6, Sess. L. 1976, p. 197.

(a) The wage board shall submit its report to the Commissioner within 60 days of the date of its request for evidence from interested persons. (b) The wage board reports shall contain findings of fact and recommendations with respect to the matters referred to it. History: Amended Mar. 29, 1968, No. 2147, § 2, Sess. L. 1968, Pt. I, p. 424; May 29, 1968, No. 2213, § 1, Sess. L. 1968, Pt. II, p. 17.

(a) Upon receiving the wage board's report, regarding recommended minimum wages and maximum hours, the Commissioner shall immediately publish such recommendations in the newspapers of general circulation and shall provide for an order incorporating the recommendations of this report and shall, subject to the approval of the Governor, publish this order in the Virgin Islands Rules and Regulations, which shall take effect upon the expiration of thirty (30) days after the date of the filing of the report with the Commissioner. (b) The Commissioner may make, and from time to time modify or add to, such regulations as may be appropriate to carry out the purposes of this chapter including but not limited to, exercising the functions of the wage board when the particular occupation, industry or question is not covered by a wage order issued pursuant to wage board recommendations which has been in effect less than 18 months. Regulations issued by the Commissioner pursuant to this section shall be effective only after consultation with the wage board, public hearing by the Commissioner and approval by the Governor. Advance notice of at least 10 days of the public hearing must be given. After the hearing, the Commissioner may issue an order, subject to the approval of the Governor, putting into effect such regulations, or modifications to or additions to, the regulations as he may deem appropriate. (c) Any wage order issued pursuant to the wage board's recommendations shall remain in effect for a minimum of 1 year. History: Amended May 29, 1968, No. 2213, § 1, Sess. L. 1968, Pt. II, p. 17.

(a) Any interested person in any occupation for which any wage order or any administrative regulation has been issued under the provisions of this chapter, who may be aggrieved by any such order or regulation, may obtain a review thereof in the district court by filing in such court within 30 days after the date of publication of such order or regulation a written petition praying that the order or regulation be modified or set aside. A copy of such petition shall be served upon the Commissioner. The finding of facts, if supported by evidence, shall be conclusive upon the court. The court shall determine whether the order or regulation is in accordance with law. If the court determines that such order or regulation is not in accordance with law it shall remand the case to the Commissioner with directions to modify or revoke such order or regulation and, if necessary, to resubmit the order or regulation to a wage board with directions to take further proceedings in accordance with law. If application is made to the court for leave to adduce additional evidence by any aggrieved party, such party shall show to the satisfaction of the court that such additional evidence is material, and that there were reasonable grounds for the failure to adduce such evidence before the wage board or the Commissioner. If the court finds that such evidence is material and that reasonable grounds exist for the failure of the aggrieved party to adduce such evidence in prior proceedings, the court may remand the case to the Commissioner with directions that such additional evidence be taken before such wage board or the Commissioner. The wage board or the Commissioner as the case may be, may modify its findings and conclusions, in whole or in part, by reason of such additional evidence. (b) The commencement of proceedings under subsection (a) of this section shall not, unless specifically ordered by the court, operate as a stay of a wage order or of an administrative regulation issued under the provisions of this chapter. The court shall not grant any stay of a wage order or of an administrative regulation pertaining to wage rates unless the person complaining of such order or regulation files in the court an undertaking with a surety or sureties satisfactory to the court for the payment to the employees affected by the order or regulation, in the event such order or regulation is affirmed, of the amount by which the compensation such employees are entitled to receive under the wage order or regulation exceeds the compensation they actually receive while such stay is in effect.

The Commissioner shall provide regulations, after public hearing, at which any person may be heard, for the employment of individuals whose earning capacity is impaired by physical or mental disability at such wages lower than the wage rates applicable under this chapter as he may find appropriate to prevent curtailment of opportunities for employment, to avoid undue hardship, and to safeguard the applicable wage rates under this chapter. History: Amended Mar. 23, 2016, No. 7856, § 2(c), Sess. L. 2016, p. 31.

(a) For any occupation for which no wage order, issued pursuant to section 7 of this title, is in effect the Commissioner may provide by regulation, subject to the approval of the Governor, after a public hearing at which any person may be heard, for the employment in such occupation at such wages lower than the wages applicable under this chapter for learners and apprentices as the Commissioner may find appropriate to prevent curtailment of opportunities for employment, and to safeguard the wage rates applicable under this chapter. No individual shall be employed at wages fixed pursuant to this section except under special license issued under applicable regulations of the Commissioner. (b) The provisions of subsection (a) of this section shall not apply to the employment of any person as such apprentice under the sponsorship, administration, or supervision of the Department of Education of the Virgin Islands, in which case the Department of Education shall determine the proper minimum standards.

Every employer subject to any provision of this chapter or of any regulation or order issued under this chapter shall make, and keep for a period of not less than three years, in or about the premises wherein any employee is employed, a record of the name, address, and occupation of each of his employees, the rate of pay, and the amount paid each pay period to each such employee, the hours worked each day and each week by such employee, and such other information as the Commissioner shall prescribe by regulation as necessary or appropriate for the enforcement of the provisions of this chapter or of the regulations or orders hereunder. Such records shall be open for inspection or transcription by the Commissioner at any reasonable time. Every such employer shall furnish to the Commissioner on demand a certified transcript of the required information from the records kept pursuant to the provisions of this chapter. The records of each employer referred to in this section shall be inspected by an authorized employee of the Department of Labor at least quarterly for the purpose of determining whether or not the provisions of the law are being complied with. History: Amended Mar. 16, 1962, No. 844, § 4, Sess. L. 1962, p. 83; Mar. 17, 1965, No. 1343, § 6, Sess. L. 1965, Pt. I, p. 81; Feb. 8, 1973, No. 3364, Sess. L. 1972, p. 562; Mar. 7, 1980, No. 4415, § 1, Sess. L. 1980, p. 28.

(a) Every employer subject to any provision of this chapter or of any regulation or order issued under this chapter shall keep a summary of this chapter approved by the commissioner, and copies of any applicable wage orders and regulations issued under this chapter, posted in a conspicuous and accessible place in or about the premises wherein any person subject thereto is employed. Employers shall be furnished by the Commissioner, on request without charge, copies of such summaries, orders, and regulations. (b) Every business licensed to conduct business in the Virgin Islands, including those receiving benefits conferred by the Virgin Islands Economic Development Commission under title 29, chapter 12, subchapter 1 of the Virgin Islands Code, and employs five or more persons, must post labor law posters in a conspicuous place on the inside of the business. A business that has more than one site must post labor law posters at each site. If a business is unable to post the required labor law posters inside the business, the employer may provide the information in an employee handbook that must be distributed to all employees. (c) The labor law posters must include posters describing: (1) employee rights under the Fair Labor Standards Act; (2) employee riFair Labor Standards Acts law; (3) the Employee Polygraph Protection Act; (4) the Family and Medical Leave Act; (5) the Equal Employment Opportunity Act; (6) the Uniformed Services Employment and Reemployment Rights Act (USERRA); and (7) job safety and health requirements pursuant to the Occupational Safety and Health Act of 1970 (OSH Act). (d) Any business found in violation of this section shall have the right to an appeal before an administrative hearing board. The Commissioner of Labor shall prescribe the rules and regulations governing the administrative review process. Decisions of the administrative hearing board shall be final and appealable to the Superior Court of the Virgin Islands. (e) The administrative hearing board shall consist of four members: the Commissioner of the Department of Labor, the Commissioner of the Department of Licensing and Consumer Affairs, the chairman of the Economic Development Commission, and the Director of Labor Relations. (f) Any business found in violation of this section shall be subject to an administrative fine of not less than $25 and not more than $5,000, as determined by the administrative hearing board. History: Amended Jan. 18, 2020, No. 8252, § 1(a), (b), Sess. L. 2019, p. 152, 153.

(a) Any employer who wilfully hinders or delays the Commissioner or his authorized representative in the performance of his duties in the enforcement of this chapter, or wilfully refuses to admit the Commissioner or his authorized representative to any place of employment during business hours, or wilfully fails to make, keep, and preserve any records as required under the provisions of this chapter, or falsifies any such record, or wilfully refuses to make any such record accessible to the Commissioner or his authorized representative upon demand, or wilfully refuses to furnish, when required, a certified transcript of information from such records, or any other information required for the proper enforcement of this chapter to the Commissioner or his authorized representative upon demand, or wilfully fails to post a summary of this chapter or a copy of any applicable regulation or order required by section 15 of this title, shall be deemed in violation of this chapter and shall be fined not more than $2500. (b) Any employer who discharges or in any other manner discriminates against any employee because such employee has made any complaint on his employer to the Commissioner, or to his authorized representative, that he has not been paid wages in accordance with the provisions of this chapter, or because such employee has caused to be instituted or is about to cause to be instituted any proceeding under or related to this chapter, or because such employee has testified or is about to testify in any such proceedings, or because such employee has served or is about to serve on a wage board, shall be deemed in violation of this chapter and shall be fined not more than $2500. (c) Any employer who wilfully pays or agrees to pay wages at a rate less than the rate applicable under this chapter shall be deemed in violation of this chapter and shall be punished by a fine of not more than $2500 or by imprisonment for not more than 30 days, or both, and each week, or any portion thereof, during which such employer wilfully pays to any employee less than the rate applicable under this chapter shall constitute a separate offense as to each such employee. (d) Any employer who otherwise wilfully violates any provision of this chapter or of any regulation or order issued under this chapter shall be deemed in violation of this chapter and shall be fined not more than $2500. History: Amended June 5, 2001, No. 6413, § 1, Sess. L. 2001, p. 38.

(a) Any employer who pays any employee less than the applicable wage rate to which such employee is entitled, under or by virtue of this chapter, shall be liable to such employee affected for the full amount of such wage rate, less any amount actually paid to such employee by the employer, and for costs and such reasonable attorney's fees as may be allowed by the court. Any agreement between such employees and the employer to work for less than such wage rate shall be no defense to such action. (b) At the written request of any employee paid less than the wage to which he is entitled under or by virtue of this chapter, the Commissioner may take an assignment of such wage claim in trust for the assigning employee and may bring any legal action necessary to collect such claim, and the employer shall be required to pay the costs and such reasonable attorney's fees as may be allowed by the court. (c) In addition to any other remedies prescribed by law, the Attorney General may bring action in any court in the Virgin Islands to restrain violations of this chapter. History: Amended May 29, 1968, No. 2213, § 4, Sess. L. 1968, Pt. II, p. 19.

(a) All laws or ordinances or parts of laws or ordinances in conflict with this chapter are repealed: Provided, however, That the Ordinance to Prescribe Minimum Wage and Maximum Hour Standards and for Other Purposes, approved October 17, 1941, as amended, for the Municipality of Saint Thomas and Saint John and the Ordinance to Prescribe Minimum Wage and Maximum Hour Standards and for Other Purposes, approved January 12, 1950, as amended, for the Municipality of Saint Croix, shall subsist in all their terms as to industries, businesses and occupations until mandatory decrees fixing minimum wage rates, maximum hours of work, and labor conditions in each of the industries, businesses, or occupations are issued and put into force and effect. (b) No provision of this chapter or of any decree issued hereunder shall excuse noncompliance with any law of the United States establishing a minimum wage higher than that fixed by the board, or a maximum of working hours lower than the maximum established by the board.

Nothing in this chapter shall be deemed to interfere with, impede, or in any way diminish, the right of employees to bargain collectively with their employers through representatives of their own choosing in order to establish wages or other conditions of work in excess of the applicable minimum under the provisions of this chapter.

(a) No employer shall employ any of his employees for (1) more than 5 consecutive days, or (2) longer than a total of 40 hours in a workweek, unless otherwise provided for pursuant to section 6(e) of this title, or (3) for a workday longer than 8 hours, unless such employee receives compensation for his employment (1) on a sixth and/or a seventh consecutive day of work, or (2) in excess of 40 hours in a workweek, or (3) in excess of 8 hours in a workday, whichever excess is calculated to give the employee the greatest compensation, at a rate not less than 1 1/2 times the regular rate at which he is employed. (b) Notwithstanding subsection (a) of this section, an employer in either a tourist service or a restaurant industry may employ an employee for 6 consecutive days, provided, however, that such employee is employed for not less than 40 hours in the workweek during which any part of the 6 consecutive days are worked. No such employer shall employ any such employee for (1) more than 6 consecutive days, or (2) longer than a total of 40 hours in a workweek, unless otherwise provided for pursuant to section 6(e) of this title, or (3) for a workday longer than 8 hours, unless such employee receives compensation for employment (1) on a seventh consecutive day of work, or (2) in excess of 40 hours in a workweek, or (3) in excess of 8 hours in a workday, whichever excess is calculated to give the employee the greatest compensation, at a rate not less than 1 1/2 times the regular rate at which he is employed. (c) Except in the case of either a tourist service or a restaurant industry, whenever an employee is regularly required to work on more than one shift, all of which fall within one calendar day, and the interval between such shifts exceeds two hours, the employer shall pay compensation to the employee at the regular rate for the period of such interval in excess of two hours. The provisions of this paragraph shall not affect the payment of overtime compensation when such payment is otherwise applicable. (d) any employee of a carrier by air or other carriers, that are subject to the provisions of the Federal Railway Labor Act, are exempted from the overtime provision in subsection (a) of this section. History: Amended June 16, 1960, No. 627, § 3, Sess. L. 1960, p. 152; Oct. 30, 1961, No. 791, § 2, Sess. L. 1961, p. 239; Mar. 16, 1962, No. 844, § 2; July 23, 1965, No. 1495, Sess. L. 1965, Pt. I, p. 437; Apr. 4, 1966, No. 1670, § 1(c), Sess. L. 1966, p. 133; July 11, 1967, No. 2021, Sess. L. 1967, p. 384, 385; Feb. 7, 1968, No. 2097, Sess. L. 1968, Pt. I, p. 8; Dec. 30, 1994, No. 6064, § 16, Sess. L. 1994, p. 328.

Except as otherwise provided for in a written contract or by a collective bargaining agreement: (a) An employer shall allow paid rest periods of a minimum of ten minutes within each four hours of continuous work. (b) Employers need not provide rest periods for employees whose total daily work time is less than four hours. (c) An employer may not add the rest period to a meal period nor allow the employee to take his rest period at the beginning or end of the work period. (d) If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this section, the employee shall make up the missed rest period within the same work day, or within the same pay period or the employer shall pay the employee one-half hour pay at the employee's regular rate of compensation for each rest period that is not provided. (e) Subsections (a) through (d) of this section do not apply when all of the following conditions exist: (1) The employee is 18 years or older; (2) the employee is working alone; (3) the employee is employed in a retail or service establishment; and (4) the employee is allowed to leave the employee's assigned station when the employee must use the restroom facilities. (f) The Commissioner of Labor may promulgate rules and regulations not inconsistent with this section. History: Added July 19, 2006, No. 6843, § 1, Sess. L. 2006, pp. 103, 104.

Except as otherwise provided for in a written contract or by a collective bargaining agreement: (a) An employer shall provide its employees who work for a continuous period of seven hours or longer with: (1) An uninterrupted meal period of not less than 30 minutes during which the employee is relieved of all duties. The meal period must begin no later than five hours after the start of the work period; or (2) An "on-duty" meal period while continuing to perform duties or remaining on call. The employer must show that the nature or circumstances of the work prevent the employee from being relieved from duty. (b) Meal periods are not included as part of the work period, as used in this section, unless the employee continues to perform duties during the meal period. (c) The Commissioner of Labor may promulgate rules and regulations not inconsistent with this section. History: Added July 19, 2006, No. 6843, § 1, Sess. L. 2006, pp. 104, 105.

(a) An employee may voluntarily agree to forego any rest period or meal period. The employer has the burden of proving the existence of the agreement with the employee. (b) An employer may apply to the Commissioner of Labor for an exemption from providing to all or to one or more defined categories of his employees one or more benefits conferred in this section. The Commissioner of Labor may grant the exemption, if he believes that the employer has shown sufficient evidence that business necessity precludes providing the benefits, and that the exemption would not materially affect the welfare or comfort of employees. (c) The Commissioner of Labor may by regulation exempt a defined category of employers from providing to all or to one or more defined categories of their employees one or more benefits conferred by sections 20c and 20b, upon his own motion or upon the application of an association of employers. Each such application must be considered at a hearing and may be granted, if the Commissioner of Labor finds that business necessity precludes providing that particular benefit or benefits to the employees affected, and that the exemption would not materially affect the welfare or comfort of employees. History: Added July 19, 2006, No. 6843, § 2, Sess. L. 2006, p. 105.

The Commissioner shall aid and assist resident workers in the Virgin Islands to obtain, safeguard and protect their rightful preference to be employed in occupations and industries in the Territory. He shall have the power to issue rules and regulations, which when approved by the Governor, shall have the force and effect of law to effectuate the policy contained herein. History: Added Oct. 30, 1961, No. 791, § 3, Sess. L. 1961, p. 239.

The Commissioner shall compile, arrange, classify, and publish statistics on wages, working hours, labor conditions and living costs. The Commissioner shall every year submit to the Governor and to the Legislature of the Virgin Islands a report of his activities during the preceding year, including information, data and recommendations in connection with this chapter. History: Renumbered Oct. 30, 1961, No. 791, § 3, Sess. L. 1961, p. 239.

Any person doing business in the Virgin Islands shall submit to the Commissioner, when requested, a copy of his weekly, bi-weekly, or monthly payroll for examination. History: Renumbered Oct. 30, 1961, No. 791, § 3, Sess. L. 1961, p. 239.

(a) The Legislature has determined that in order for the Territory to better protect its public-sector workers, it should retain the duties of regulation and enforcement of rules in places of public employment by formulating and obtaining federal approval for a Public Employee Only State Plan under section 18 of the Occupational Safety and Health Act of 1970, 29 U.S.C.667. (b) The Legislature declares it to be its purpose and policy, through the exercise of its power to regulate commerce within the Territory of the Virgin Islands and to provide for the general welfare, to assure so far as possible every public sector employee in the Territory safe and healthful working conditions and to preserve our human resources by: (1) encouraging public sector employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate public sector employers and employees to institute new programs and to perfect existing programs for providing safe and healthful working conditions; (2) providing that public-sector employers and employees have separate but dependent responsibilities and rights with respect to achieving safe and healthful working conditions; (3) authorizing the Commissioner of Labor to set or adopt mandatory occupational safety and health standards applicable to public-sector workplaces within the Virgin Islands; (4) building upon advances already made through public-sector employer and employee initiatives for providing safe and healthful conditions; (5) providing for research in the field of occupational safety and health, including the psychological factors involved, and by developing innovative methods, techniques and approaches for dealing with local, occupational safety and health problems; (6) exploring ways to discover latent diseases, establishing casual [sic] connections between diseases and work in environmental conditions, and conducting other research relating to health problems, in recognition of the fact that occupational health standards present problems often different from those involved in occupational safety; (7) providing medical criteria that will assure insofar as practicable, that no public-sector employee will suffer diminished health, functional capacity, or life expectancy as a result of his work experience; (8) providing training programs to increase the number and competence of personnel engaged in the field of occupational safety and health; (9) providing an effective enforcement program that shall include a prohibition against giving advance notice of any inspection, and sanctions for an individual violating this prohibition; (10) providing for appropriate reporting procedures with respect to occupational safety and health which will help achieve the objectives of this chapter and accurately describe the nature of the occupational safety and health problems; and (11) encouraging joint labor-management efforts to reduce injuries and diseases arising out of employment. History: Added July 19, 2006, No. 6846, § 1, Sess. L. 2006, pp. 110-112.

For the purpose of this chapter (1) The term "Commissioner" means the Commissioner of the Virgin Islands Department of Labor or the Commissioner's authorized and accredited representatives. (2) The term "employ" means to suffer or permit to work. (3) The term "employee" means any individual employed by the Government of the Virgin Islands, its departments, agencies, instrumentalities, or political subdivisions, if any. (4) The term "employer" means the government of the Virgin Islands, its department, agencies, instrumentalities, or political subdivisions, if any. (5) The term "Occupational Safety and Health Standard" means a standard that requires conditions or the adoption or use of one or more practices, means, methods, operations, or processes reasonably necessary or appropriate to provide safe or healthful employment and places of employment. (6) The term "person" means one or more individuals, departments, agencies, instrumentalities, legal representatives, or any organized group of persons in the public sector. (7) The term "public sector" means the Government of the Virgin Islands, its department, agencies, instrumentalities or political subdivisions, if any. (8) The term "Secretary" means the Secretary of the United States Department of Labor. (9) The term, "State Plan" means the agreements and contractual arrangements made by the Commissioner with the United States Department of Labor and the Secretary of Labor under which Territorial development and enforcement of occupational safety and health rules may be carried forward. (10) The term "workplace" means any area where work is being performed at any time, by any person who is a public-sector employee. History: Added July 19, 2006, No. 6846, § 1, Sess. L. 2006, pp. 112, 113.

This chapter applies with respect to employment performed in a public-sector workplace within the Virgin Islands. History: Added July 19, 2006, No. 6846, § 1, Sess. L. 2006, p. 113.

Employees Nothing in this chapter may be construed to supersede in any manner to affect any Workers' Compensation Administration law or to enlarge or diminish or affect in any other manner the common law or statutory rights, duties, or liabilities of public-sector employers and employees under any law with respect to injuries, diseases, or death of employees arising out of, or in the course of employment. History: Added July 19, 2006, No. 6846, § 1, Sess. L. 2006, p. 113.

(a) Each public-sector employer shall: (1) furnish to each of its employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees; and (2) comply with occupational safety and health standards promulgated under this chapter. (b) Each public-sector employee shall comply with occupational safety and health standards and all rules, regulations and orders issued under this chapter which are applicable to his own actions and conduct. (c) Space leased by a public-sector employer is subject to all safety and health rules, regulations and orders in effect. Any deficiency, including a deficiency resulting either from occupant use or deferred maintenance by the lessor, is subject to correction in accordance with the governing rules, regulations and orders at the time that the deficiency is cited by the Commissioner. However, a public-sector employer may not execute a lease, unless the leased property is in conformance with such rules, regulations and orders as are in effect at the time the lease is executed. History: Added July 19, 2006, No. 6846, § 1, Sess. L. 2006, pp. 113, 114.

(a) The Commissioner may: (1) investigate, develop and gather data regarding all aspects of occupational safety and health with respect to public sector employers and employees; (2) adopt, promulgate, modify and revoke, such occupational safety and health standards as are necessary to carry out the purpose of this chapter in accordance with the procedures established in appropriate Virgin Islands Rules and Regulations; except that all federal occupational safety and health standards and regulations that are in effect as of the effective date of this chapter are adopted as rules and regulations of the Virgin Islands Division of Occupational Safety and Health. All federal occupational safety and health standards and regulations that the United States Secretary of Labor promulgated or amended after this date, in accordance with 29 U.S.C.651 through 678, shall become the Rules and Regulations of the Virgin Islands Division of Occupational Safety and Health upon Federal promulgation and shall go in effect for applicability in the public sector on the effective date specified in the standard. Notwithstanding this paragraph, the Commissioner may promulgate by rules and regulations an alternate standard or regulation that he finds to be as effective or better than the federal standard in providing safe and healthful employment in accordance with all Virgin Virgin Islands Statutesprovisions of this chapter; and (3) cooperate and consult with the Occupational Safety and Health Administration of the United States Department of Labor; (b) In carrying out his responsibilities under this chapter, the Commissioner may: (1) use, with the consent of the appropriate agency, the agency's services, facilities, and personnel with or without reimbursement. (2) employ experts and consultants or organizations thereof under such limitations as the Legislature may hereafter direct. (3) appoint such personnel as are needed to carry out the purpose of this chapter; except that the appointment of personnel must comply with title 3 Virgin Islands Code, chapter 25. (c) (1) (A) The Commissioner may adopt an emergency temporary standard immediately upon its issuance and publication in the Federal Federal Registerecretary under the terms of the OccupatioOccupational Safety and Health Act of 197096). (B) The Commissioner shall publish the standard as a rule or notice of the rule for a minimum of three days in newspapers. of general circulation in the Virgin Islands in order to provide notice of the rule's existence and the Commissioner's intent to enforce the rule under this chapter, and the Commissioner shall publish such rule in the Virgin Islands Register at his first opportunity. (C) The notice does not constitute a prerequisite to the enforcement of an emergency temporary rule by the Commissioner. (D) Where a Federal emergency temporary standard is adopted as a temporary rule by the Secretary and the Commissioner, the rule is effective until both the Secretary and the Commissioner have either withdrawn the temporary standard and rule or promulgated a permanent standard and rule superseding the temporary standard and rule. (2) (A) Where no federal emergency temporary standard has been provided, but the Commissioner determines that public-sector employees are exposed to a grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and that the emergency standard is necessary to protect the employees from the danger, the Commissioner shall provide for an emergency temporary rule to take immediate effect upon its publication for a minimum of three successive days in general circulation newspapers in the Virgin Islands. (B) The Commissioner shall publish the rule in the Virgin Islands Register at his first opportunity and make such further provisions by rule as he considers necessary to inform the public-sector employers and employees of the existence of the rule and his intention to enforce it. (C) Where the Commissioner has provided for an emergency, temporary rule under paragraph (1) of this subsection, the rule is effective until superseded by a rule promulgated in accordance with the procedures adopted pursuant to this chapter or a determination is made that no rule should be promulgated. (D) The Commissioner shall promulgate a rule or determine that no rule should be promulgated under this subsection no later than twelve months after publication of the emergency temporary rule, and shall publish notice of his intent within sixty days before the expiration of twelve-month period. (d) (1) Any public-sector employer may apply to the Commissioner for a temporary order granting a variance, from a standard or any provision promulgated under this section. The Commissioner may grant a temporary variance only if the employer files an application that meets the requirements of paragraphparagraph (2) subsection and establishes that (i) the employer is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard, or because necessary construction or alteration of facilities cannot be completed by the effective date; (ii) the employer is taking all available steps to safeguard his employees against hazards covered by the standard; and (iii) the employer has an effective program for coming into compliance with the standards as quickly as possible. Any temporary order issued under this paragraph must prescribe the practices, means, methods, operations and process that the employer must adopt and use while the order is in effect and state in detail the employer's program for coming into compliance with the standard. The temporary order may be granted only after notice to public-sector employees and an opportunity for hearing; except that the Commissioner may issue one interim order to be effective until a decision is made on the basis of the hearing. No temporary order may be in effect for longer than the period needed by the employer to achieve compliance with the standard or one year, whichever is shorter, except that the order nay be renewed not more than twice, so long as the requirements of this paragraph are met and if an application for renewal is filed at least 90 days prior to the expiration date of the order. No interim renewal of an order may remain in effect for longer than 180 days. (2) An application for a temporary order under this section must contain: (A) Name and address of applicant and location or locations to which the application pertains; (B) A specification of the standard or portion thereof from which the employer seeks a variance; (C) A representation by the public-sector employer, supported by representations from qualified persons having first-hand knowledge of the facts represented, that the employer is unable to comply with the standard or portion of the standard and a detailed statement of the reason for the inability to comply; (D) A statement of the steps the employer has taken and will take, including specific dates, to protect employees against the hazard covered by the standard; (E) A statement of when the employer expects to be able to comply with the standard and what steps the employer will take to come into compliance with the standard, including specific dates; and (F) A certification that the employer has informed its employees of the application by giving a copy of the application to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notice to employees are normally posted and by other appropriate means. (i) A description of how employees have been informed must be contained in the certification. (ii) The information to employees must also inform them of their right to petition the Commissioner for a hearing. (e) Any affected public-sector employer for the purpose of this section may apply to the Commissioner for a rule or order for a variance from a standard promulgated under this section. (1) The Commissioner shall give affected public-sector employees notice of each application and an opportunity to participate in a hearing. (2) The Commissioner shall issue the rule or order if he determines on the record, after opportunity for an inspection where appropriate and a hearing that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by an employer will provide employment and places for employment to his employees which are as safe and healthful as those that would prevail if he complied with the standard. (3) The rule or order so issued must identify the establishment and locations affected, prescribe the conditions the employer must maintain, and the practices, means, methods, operations and processes that he must adopt and utilize to the extent that they differ from the standard in question. (4) The rule or order may be modified or revoked upon application by a public-sector employee, public- sector employer, or by the Commissioner on his motion, in the manner prescribed for its issuance under this subsection at any time after six months from issuance. (f) When the Commissioner promulgates or revokes an alternative standard or regulation that differs from that adopted by Federal OSHA, or makes another rule or order, he shall cause a notice of such action to be published in general circulation newspapers in the Virgin Islands not less than once a week for four weeks, and shall afford interested persons a period of thirty days after publication to submit written data or comments. History: Added July 19, 2006, No. 6846, § 1, Sess. L. 2006, pp. 114-118.

(a) In order to carry out the purpose of this chapter, the Commissioner or his authorized representatives, upon presenting appropriate credentials to the government official in charge of the public sector workplace, may: (1) enter without delay and at reasonable times, any public sector facility, establishment, construction site, or other area, workplace, or environment, where work is performed by an employee of a public- sector employer; and (2) inspect and investigate, during regular working-hours, and at other reasonable times and within reasonable limits and in a reasonable manner, any such place of public sector employment and all pertinent conditions, structures, machines, apparatus, devices, equipment and materials therein, and to question privately any such public-sector employer, operator, agent or employee. In case any person refuses the Commissioner or his representatives entry at any place of employment, or interferes with, or limits, an inspection or investigation provided for in this section, the Commissioner may petition any Superior Court of the Virgin Islands for an order requiring the person to permit entry to the place of employment described in the petition, or to cease and desist from interfering or limiting such inspection or investigation. (b) In making his inspection and investigations under this chapter, the Commissioner may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses must be paid the same fees and mileage that are paid witnesses in the Superior Court of the Virgin Islands. In case of a contumacy, failure, or refusal of any person to obey such an order, any Superior Court of the Virgin Islands within the jurisdiction of which such person is found, or resides, or transacts business, upon application by the Commissioner shall have jurisdiction to issue to such a person an order requiring the person to appear to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question and any failure to obey the order of the court may be punished by the court as contempt. (c) (1) Each public-sector employer shall make, keep, and preserve, and make available to the Commissioner and the Secretary such records regarding his activities relating to this chapter as the Commissioner may by regulation prescribe as necessary or appropriate for the enforcement of this chapter, or for developing information regarding the causes and prevention of occupational accidents and illnesses. In order to carry out the provisions of this paragraph, the regulations may include provisions requiring public-sector employers to carry out periodic inspections. The Commissioner shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under this chapter, including the provisions of applicable standards. (2) The Commissioner shall prescribe rules and regulations requiring public-sector employers to maintain accurate records of, and make periodic reports on work-related deaths, injuries and illnesses other than minor injuries requiring only first-aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, transfer to another job. (3) The Commissioner shall adopt standards or issue rules and regulations requiring the use of labels or other appropriate forms of warning as necessary to ensure that the public-sector employees are appraised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treatment, and proper conditions and precautions of safe use or exposure. (A) Where appropriate, the standards or regulations must also prescribe suitable protective equipment and control or technological procedures to be used connection with those hazards and must provide for monitoring or measuring employee exposure at such locations and intervals, and in such manner as may be necessary for the protection of employees. (B) In addition, any such standard or regulation must prescribe the type and frequency of medical examinations or other tests that are available from the public-sector employer or at its cost to employees exposed to the hazards in order to most effectively determine whether the health of the employees is adversely affected by such exposure. (C) The result of such examinations or tests must be furnished to the Secretary, the Commissioner or, at the employees request, to the employee's physician. (4) The Commissioner shall issue regulations requiring public sector employers to maintain accurate records of employee exposures to potentially toxic materials of harmful physical agents, for which standard have been set in accordance with the chapter. (A) The regulations must provide employees or their representatives with an opportunity to observe any monitoring or measuring, and to have access to the records thereof. (B) The regulations must also make provisions for each employee or former employee to have access to such records as will indicate his exposure to any toxic materials or harmful physical agents. (5) Each public-sector employer shall promptly notify any employee who has been or is being exposed to any such toxic materials or harmful physical agent in concentrations or at levels that exceed those prescribed by applicable occupational safety and health standards promulgated under section 36(a)(2) of this chapter and shall inform any employee who is being thus exposed of the corrective actions being taken. (d) Any information obtained by the Commissioner under this chapter must be obtained with a minimum burden upon public-sector employers. Unnecessary duplication of efforts in obtaining information shall be reduced to the maximum extent feasible. (e) Subject to regulations promulgated by the Commissioner, a representative of the public-sector employer and a representative authorized by the employees must be given an opportunity to accompany the Commissioner or his authorized representative during the physical inspection of any workplace under subsection (a) of this section for the purpose of aiding such inspection. Where there is no authorized employee representative, the Commissioner or his authorized representative shall consult with a reasonable number of employees concerning matters of health and safety in the workplace. (f) (1) Any public-sector employee or representative of employees who believes that a violation of a safety or health standard exists that threatens physical harm or that an imminent danger exists, may request an inspection by giving notice to the Commissioner or his authorized representative of such violation or danger. Any such notice must be reduced to writing, must set forth with reasonable particularity the grounds for the notice, and must be signed by the employee or representative of employees, and a copy must be presented to the employer or his agent no later than at the time of inspection, except that, upon the request of the person giving such notice, his name and the names of individual employees referred to therein must not appear in such copy or on any record published, released or made available pursuant to subsection (g) of this section. If upon receipt of such notification the Commissioner determines that there are reasonable grounds to believe that such violation or danger exists, he shall make a special inspection in accordance with the provisions of this section, as soon as practicable, to determine if such a violation or danger exists. If the Commissioner determines there are no reasonable grounds to believe that a violation or danger exists, he shall notify the employees or representative of the employees in writing of such determination. (2) Before or during an inspection of a workplace, any public-sector employee or representative of employees employed in such a workplace, may notify in writing the Commissioner or any representative of the Commissioner responsible for conducting the inspection, of any violation of this chapter which he has reason to believe exists in the workplace. The Commissioner shall, by regulation, establish procedures for informal review of any refusal by a representative of the Commissioner to issue a citation with respect to any such alleged violation, and shall furnish the employees requesting the review with a written statement of the reason for the Commissioner's final disposition of the case. (g) (1) The Commissioner may compile, analyze and publish, either in summary or detailed form, all reports or information obtained under this section and furnish copies of all such reports to the Secretary. (2) The Commissioner shall prescribe such rules and regulations as he may consider necessary to carry out his responsibilities under this chapter, including rules and regulations relating to the inspection of a public-sector employer's establishment. History: Added July 19, 2006, No. 6846, § 1, Sess. L. 2006, pp. 118-122.

(a) If upon inspection or investigation, the Commissioner or the Commissioner's authorized representative believes that a public-sector employer has violated a requirement of section 35 of this chapter, of any standard, rule or order promulgated pursuant to section 36 of this chapter, or of any regulations prescribed under this chapter, he shall with reasonable promptness issue a citation to the employer. Each citation must be in writing and must describe with particularity the nature of the violation including a reference to the provision of this chapter, standard, rule, regulation or order alleged to have been violated. In addition, the citation must fix a reasonable time for abatement of the violation. The Commissioner may prescribe procedures for issuance of a notice in lieu of a citation with respect to de minimis violations that have no direct or immediate relationship to safety and health. (b) Each citation issued under this section or a copy of the citation must be prominently posted, as prescribed in regulations issued by the Commissioner, at or near each place a violation referred to in the citation occurred. (c) No citation may be issued under this section after the expiration of six months following the discovery of a violation during an inspection. History: Added July 19, 2006, No. 6846, § 1, Sess. L. 2006, p. 122.

(a) If after an inspection or investigation the Commissioner issues a citation under section 38(a) of this chapter, he shall, within a reasonable time after the termination of the inspection or investigation, notify the public-sector employer by certified-mail of the proposed citation, and that the employer has fifteen working days within which to notify the Commissioner that he wishes to contest the citation, and if, within fifteen working days from the receipt of the notice issued by the Commissioner the employer fails to notify the Commissioner that he intends to contest the citation or proposed assessment of penalty, and no notice is filed by any employee or representative of employees under subsection (c) within such time, the citation and the assessment, as proposed, must be deemed a final order of the Commission and not subject to review by any court or agency. (b) If the Commissioner has reason to believe that a public sector employer has failed to correct a violation for which a citation has been issued within the period permitted for its correction, which period does not begin to run until the entry of a final order by the Commissioner in the case of any review proceedings under this section initiated by the public-sector employer in good faith and not solely for delay or avoidance of penalties, the Commissioner shall notify the public-sector employer by certified mail of such failure and of the penalty proposed to be assessed under section 44 by reason of such failure, and that the public sector employer has fifteen working days within which to notify the Commissioner that he wishes to contest the Commissioner's notification or the proposed assessment of penalty. If, within fifteen working days from the receipt of notification issued by the Commissioner, the public sector employer fails to notify the Commissioner that he intends to contest the notification or proposed assessment of penalty, the notification and assessment, as proposed, shall be deemed a final order of the Commissioner and not subject to review by any court. (c) If the public sector employer notifies the Commissioner that he intends to contest a citation issued under section 38 or notification issued under subsection (a) or (b) of this section, or if within fifteen working days of the issuance of a citation under section 38(a), any employee or representative of employees files a notice with the Commissioner alleging that the period of time fixed in the citation for the abatement of the violation is unreasonable, the Commissioner shall immediately advise a hearing examiner of such notification, and the hearing examiner shall afford an opportunity for a hearing. The hearing examiner shall thereafter issue an order, based on finding of facts and conclusions of law affirming, modifying or vacating the Commissioner's citation or proposed penalty, or directing other appropriate relief, and such order shall become final thirty days after its issuance, except as provided in section 41(b). Upon a showing by a public sector employer of a good faith effort to comply with the abatement requirement in of [sic] a citation, and that abatement has not been completed because of factors beyond his reasonable control, the Commissioner, after an opportunity for a hearing as provided in this subsection, shall issue an order affirming or modifying the abatement requirement such citation. The rules of procedure prescribed by the Commissioner shall provide affected public sector employees or representatives of employees an opportunity to participate as parties to hearing under this subsection. (d) If, after following all the procedures allowed under this act, the Commissioner finds that a public sector employer continues to disregard his responsibility under this act, the Commissioner may submit copies of the citation issued under section 38 to the Governor for further action to achieve compliance. History: Added July 19, 2006, No. 6846, § 1, Sess. L. 2006, pp. 123, 124.

(a) Any person adversely affected or aggrieved by a final order of the hearing examiner issued under subsection (c) of section 39 of this title, or a final order of the Commissioner under section 41(b), may obtain a review of such order in the Superior Court of the Virgin Islands by filing in such court within thirty days following the issuance of such order a written petition praying that the order be modified or set aside. Upon such fling the court shall have jurisdiction of the proceeding and of the question determined therein, and may grant such temporary relief or restraining order as it considers just and proper, and to make and enter upon the pleadings, testimony, and proceeding set forth in such record a decree affirming, modifying, or setting aside in whole or in part, the order of the Commissioner and enforcing the order to the extent that the order is affirmed or modified. The commencement of proceedings under this subsection does not, unless ordered by the Court, operate as a stay of the order of the Commissioner. No objection that has not been urged before the Commissioner may be considered by the Court unless the failure or neglect to urge the objection is excused, because of extraordinary circumstances. The finding of the Commissioner with respect to question of fact, if supported by substantial evidence on the record considered as a whole, is conclusive. If any party applies to the Court for leave to adduce additional evidence and shall show to the satisfaction of the Court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence in the hearing before the Commissioner, the Court may order the additional evidence to be taken before the Commissioner and to be made a part of the record. The Commissioner may modify the findings as to the fact, or make new findings by reason of findings with respect to question of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive, and the recommendations, if any, for the modification or setting aside of its original order. Upon filing of the record with it, the jurisdiction of the Court shall be exclusive and its judgment and decree shall be final, except that the same judgment and decree shall be subject to review by the appellate court. (b) All proceedings under this section shall be heard summarily and given preference over all other civil proceedings. The Commissioner may petition for enforcement of his final order by filing a petition for such relief in the Superior Court of the Virgin Islands and the provisions of subsections (a) and (b) shall govern such proceedings to the extent applicable. lf no petition for review, as provided in subsection (a) of this section is filed within thirty days after service of the Commissioner's order, the Commissioner's findings of fact and order shall be conclusive in connection with any petition for enforcement which is filed by the Commissioner after expiration of such thirty-day period. In any such case, as well as in the case of a non- contested citation or notification by the Commissioner which has became a final order of the Commissioner under subsection (a) or (b) of section 39, the Clerk of the Court, unless otherwise ordered by the Court, shall forthwith enter a decree enforcing the order and shall transmit a copy of the decree to the Commissioner and the employer named in the petition. In any contempt proceeding brought to enforce a decree of the court entered pursuant to this subsection or subsection (a), the Court may assess the penalties provided in section 44 to this chapter, in addition to invoking any other available remedies. (c) (1) No person shall discharge or in any manner discriminate against any public sector employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter. (2) Any public-sector employee who believes that he has been discharged or otherwise discriminated against by any person in violation of this subsection may within thirty days after the violation occurs, file a complaint with the Commissioner alleging discrimination. Upon receipt of the complaint, the Commissioner shall cause the investigation to be made as he considers appropriate. If upon investigation, the Commissioner determines that the provisions of this subsection have been violated, he shall bring an action in the Superior Court of the Virgin Islands against the violator. In any such action the Superior Court of the Virgin Islands has jurisdiction, for cause shown, to restrain violations of paragraphparagraph (1)subsection and order all appropriate relief, including rehiring or reinstatement of the employee to his former position with back pay. Petitions filed under this subsection must be heard expeditiously. (3) Within ninety days from the receipt of a complaint filed under this subsection, the Commissioner shall notify the complainant of his determination under paragraph (2) of this subsection. History: Added July 19, 2006, No. 6846, § 1, Sess. L. 2006, pp. 124-126.

(a) One or more hearing examiners shall be appointed by the Governor of the Virgin Islands upon the recommendation of the Commissioner of Labor who by reason of training, education, or experience are qualified to hear and render decisions in contested cases arising under this chapter. (b) The function of hearing examiners, acting as individuals or in assembly, shall be to hear and make a determination upon any proceeding instituted before them or upon any motion in connection therewith, assigned to them by the Commissioner and shall make a written report of such determination which shall constitute the final disposition of the proceedings. The report of the hearing examiner shall be transmitted by certified mail to the parties. The report of the hearing examiner shall become a final decision and order of the Commissioner within 30 days after receipt of the report by the parties, unless, within such period the Commissioner directs review of the report and the report is modified by the Commissioner. Thereafter, the modified report shall become the final order of the Commissioner. The decision becomes the final order of the Commissioner upon its receipt of the parties when transmitted to the parties by certified mail five working days after its issuance by the Commissioner. (c) The appointment, terms of office, compensation and removal of hearing examiners shall be fixed in accordance with the provisions of title [sic] chapter 25 of the Virgin Islands Code. (d) The Commissioner may prescribe such rules as are necessary for the lawful and orderly transaction of proceedings and hearings under this chapter. (e) Hearing examiners may order testimony to be taken by deposition in any proceedings pending before them. Any person may be compelled to appear and depose and to produce papers or documents in the same manner as witnesses may be compelled to appear and testify and produce like documentary evidence before a hearing examiner. Witnesses whose depositions are taken under this subsection and the persons taking such depositions are entitled to the same fees as are paid for like services in the courts of the Virgin Islands. History: Added July 19, 2006, No. 6846, § 1, Sess. L. 2006, pp. 126, 127.

(a) The Superior Court of the Virgin Islands has jurisdiction, upon petition of the Commissioner, to restrain any conditions or practices in any place of public-sector employment which are such that a danger exists that may reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this chapter. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct, or remove the imminent danger and prohibit the public-sector employment or presence of any individual in any location or under conditions where the imminent danger exists, except individuals whose presence is necessary to avoid, correct or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operation, or where a cessation of operation is necessary, to permit such to be accomplished in a safe, orderly manner. (b) Upon the filing of a petition, the Superior Court of the Virgin Islands has jurisdiction to grant injunctive relief or temporary restraining order pending the outcome of an enforcement proceeding pursuant to this chapter. The proceeding shall be as provided by the Rules of the Superior Court of the Virgin Islands, except that no temporary restraining order shall be effective for a period longer than five days. (c) Whenever and as soon as an inspector concludes that conditions or practices described in subsection (a) of this section exist in any place of employment, he shall inform the affected public-sector employer and employees of the danger and that he is recommending to the Commissioner that relief be sought. (d) If the Commissioner arbitrarily or capriciously fails to seek relief under this section, any public-sector employee who may be injured by reason of such failure or the representative of such employee, may bring an action against the Commissioner in the Superior Court of the Virgin Islands for an order to compel the Commissioner to seek such and order and for such further relief as may be appropriate. History: Added July 19, 2006, No. 6846, § 1, Sess. L. 2006, pp. 126, 127.

All information reported to or otherwise obtained by the Commissioner or his representative in connection with any inspection or proceeding under this chapter which contains or which might reveal a trade secret referred to in Title 14, section 1665 of the Virgin Islands Code is considered confidential for the purposes of that section, except that such information may be disclosed to other officers and employees concerned with carrying out this chapter, or when relevant in any proceeding under this chapter. In any such proceeding the Commissioner, or the court shall issue such orders as may be appropriate to protect the confidentiality of trade secrets. History: Added July 19, 2006, No. 6846, § 1, Sess. L. 2006, p. 128.

(a) (1) Any public-sector employer who fails to correct a serious violation for which a citation has been issued under section 38(a) within the period permitted for its correction may be assessed a civil penalty of not more than $1,000 for each day during which such failure or violation continues. (2) The period permitted for correction in paragraph (a) does not begin to run until the date of the final order of the Commissioner in the case of any review proceeding under section 39 initiated by the public-employer in good faith and not solely for delay or avoidance of penalties. (b) Any person who gives advance notice of any inspection to be conducted under this chapter, without authority from the Commissioner or the Commissioner's designee shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months or by both the fine and the imprisonment provided in this section. (c) Whoever knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter shall upon conviction, be punished by a fine of not more than $10,000 or by imprisonment for not more than 6 months or by both such fine and imprisonment. (d) The Commissioner may assess all failure to abate penalties provided in this section, giving due consideration to the appropriateness of the penalty with respect to the size of the public sector workplace whose employer being charged, the gravity of the violation, the good faith of the public sector employer and the history of previous violations. (e) For the purposes of failure-to-abate penalties, a serious violation exists in a place of public-sector employment, if there is a substantial probability that death or serious physical harm could result from a condition that exists, or, from one or more practices, means, methods, operations or processes that have been adopted or are in use, in such place of public-sector employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation. (f) Civil fail-to-abate penalties owed under this chapter, must be paid to the Commissioner for deposit with the Commissioner of Finance and accrue to the Virgin Islands Government Insurance Fund. (g) Any Division of Occupational Safety and Health employee who violates the provisions of section 43 of this chapter relating to disclosure of trade secrets and confidential information shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment of not more than a year or by both such fine and imprisonment. History: Added July 19, 2006, No. 6846, § 1, Sess. L. 2006, pp. 128-130.

(a) There is established in the Department of Labor, a Division of Occupational Safety and Health headed by a Director who has the rank of Assistant Commissioner and is responsible for the administration and operation of the Occupational Safety and Health Program. (b) The Governor shall appoint the Director. The Director may be removed by the Governor only for good cause shown. (c) All other personnel must be classified and appointed under the provisions of title 3, chapter 25 of the Virgin Islands Code. History: Added July 19, 2006, No. 6846, § 1, Sess. L. 2006, p. 130.

(a) The Commissioner shall seek the aid of appropriate state and federal agencies in securing information regarding research, experiments, and demonstrations for the purpose of study and development of rules and for developing criteria dealing with toxic materials and harmful agents and substances. (b) The Commissioner shall secure and maintain any statistical information required for the administration of this chapter and to meet the requirements of the Secretary of Labor under the Federal Act. History: Added July 19, 2006, No. 6846, § 1, Sess. L. 2006, p. 130.

(a) The Commissioner may consult with the United States Departments of Labor and Health and Human Services to develop and conduct: (1) education programs to provide an adequate supply of qualified personnel to carry out the purposes of this chapter; and (2) informational programs on the importance of the proper use of adequate safety and health equipment. (b) The Commissioner, in consultation with the United States Departments of Labor and Health and Human Services shall: (1) provide for the establishment and supervision of programs for the education and training of public- sector employers and employees in the recognition, avoidance, and prevention of unsafe or unhealthful working conditions in places of public sector employment covered by this chapter; and (2) consult with and advise of the public-sector employers, employees and organizations thereof, as to effective means of preventing occupational injuries and illnesses. History: Added July 19, 2006, No. 6846, § 1, Sess. L. 2006, pp. 130, 131.

Duties (a) Whosoever forcibly assaults, resists, opposes, impedes, intimidates or interferes with any officer or employee of the Virgin Islands Department of Labor while engaged in or on account of the performance of his official duties shall be fined not more than $5,000 or imprisoned for not more than three years, or shall be both fined and imprisoned as provided in this section. (b) Whosoever, in the commission of any such act uses a deadly or dangerous weapon, shall be fined not more than $10,000 or imprisoned for not more than ten years, or both such fine and imprisonment. History: Added July 19, 2006, No. 6846, § 1, Sess. L. 2006, p. 131.

The Commissioner, upon the recommendation of the Secretary of Labor of the United States, may allow reasonable exemptions from any or all provisions of this chapter when the exemption is necessary to avoid serious impairment of the national defense. An exemption may not be in effect for more than six months, without an opportunity being granted to any affected employee for a hearing. History: Added July 19, 2006, No. 6846, § 1, Sess. L. 2006, p. 131.

If any provision of this chapter or the application of the provision to any person or circumstances, is held invalid, the remainder of this chapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. History: Added July 19, 2006, No. 6846, § 1, Sess. L. 2006, p. 131.

The purpose of this chapter is to encourage the friendly adjustment of employer-employee disputes through the practice and procedure of collective bargaining, and to protect the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or mutual aid or protection.

As used in this chapter- "Commissioner" means the Commissioner of Labor; "employee" includes any employee or any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice, and who has not obtained any other regular and substantially equivalent employment, but does not include any individual employed as an agricultural laborer or as a seaman or engaged in the catching, taking or selling of any fresh fish, shellfish or crustacea, or in domestic service of any family or person at his home, or any individual employed by his parent or spouse, or an individual engaged in the activities of an educational, charitable, religious or non-profit organization where the employer-employee relationship does not, in fact, exist or where the services rendered to such organization are on a voluntary basis or any individual employed in a bonafide position in an executive or professional capacity; or any alien temporarily admitted to the Virgin Islands, except one who has a currently valid authorization to work for his employer, but does not include any person who has been employed by an employer for less than six (6) calendar months or is a "public employee" as defined in chapter 14 of this title; "employer" includes any person acting in the interest of an employer directly or indirectly that has employed five (5) or more employees for each working day in each of the twenty (20) or more calendar weeks in the two (2) year period preceding a discharge, but not a "public employer" as defined in chapter 14 of this title; "employer" includes any person acting in the interest of an employer directly or indirectly that has employed five (5) or more employees for each working day in each of the twenty (20) or more calendar weeks in the two (2) year period preceding a discharge, but not a "public employer" as defined in chapter 14 of this title; "labor dispute" includes any controversy concerning terms, tenure or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee; "labor organization" means any organization of any kind or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work; "representative" includes any individual or labor organization; and "unfair labor practice" means any unfair labor practice listed in this chapter. History: Amended Mar. 8, 1963, No. 958, Sess. L. 1963, p. 174; Mar. 17, 1965, No. 1343, § 6, Sess. L. 1965, Pt. I, p. 81; June 2, 1980, No. 4440, § 2(a), (b), Sess. L. 1980, p. 81; Feb. 1, 2001, No. 6391, § 3(b)(4), Sess. L. 2000, p. 487.

(a) The Commissioner of Labor shall administer the provisions of this chapter. (b) The Commissioner, with the approval of the Governor, shall make, amend, and rescind such regulations as may be necessary to carry out the provisions of this chapter. History: Amended Mar. 17, 1965, No. 1343, § 6, Sess. L. 1965, Pt. I, p. 81.

(a) Employees shall have the right of self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, free from interference, restraint, or coercion by employers. (b) [Repealed.] (c) [Repealed.] (d) [Repealed.] History: Amended June 20, 1961, No. 772, § 1, Sess. L. 1961, p. 212; Feb. 11, 1969, No. 2416, §§ 1, 2, Sess. L. 1969, p. 61; Feb. 20, 1970, No. 2641, Sess. L. 1970, p. 27; June 2, 1980, No. 4440, § 2(c), Sess. L. 1980, p. 81.

It shall be an unfair labor practice for an employer to- (1) spy upon or keep under surveillance, whether directly or through agents or any other person, any activities of employees or their representatives in the exercise of the rights set forth in section 64 of this title; (2) dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it: Provided, That subject to rules and regulations adopted by the Commissioner, an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay; (3) by discrimination in regard to hire or tenure of employment or any term of condition of employment, encourage or discourage membership in any labor organization, except that nothing in this chapter shall preclude an employer from making an agreement with a labor organization (not established, maintained or assisted by any act defined in this chapter as an unfair labor practice) to require as a condition of employment membership therein, if such labor organization is the representative of the employees; (4) discourage or otherwise discriminate against an employee because he has filed charges or given testimony under provisions of this chapter; (5) refuse to bargain collectively with the representatives of his employees, subject to the provisions of this chapter; (6) refuse to discuss grievances with representatives of employees, subject to the provisions of this chapter; (7) give employment to persons who are illegally residing within the Virgin Islands. The responsibility of investigating and determining the legal residence of employees before they are hired shall rest upon employers; or (8) do any acts other than those enumerated in this section which restrain, coerce or interfere with employees in the exercise of the rights set forth in section 64 of this title; (9) no employer may dismiss or discharge an employee for the sole reason that the wages of the employee, due or to become due, have been made subject to an attachment or execution levied under the provisions of Chapter 44, Title 5 of this code. (10) segregate or classify an employee on the basis of sex, race, color, national origin, or marital status, for purposes of an employee pension benefit plan or an employee welfare benefit plan, as defined in section 3 of Title 1 of the Federal Employee Retirement Income Security Act (Public Law 93-406). This paragraph shall not apply to the employment of an individual by his parent, spouse, or child. History: Amended Apr. 23, 1968, No. 2160, § 2, Sess. L. 1968, Pt. I, p. 444; May 18, 1979, No. 4294, Sess. L. 1979, p. 46; Feb. 21, 1996, No. 6092, § 16, Sess. L. 1996, p. 11.

Groups Representatives designated or selected for the purpose of collective bargaining by the majority of the employees in a unit appropriate for such purposes, shall be exclusive representatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment. Any individual employee or group of employees shall have the right at any time to represent grievances to their employer.

(a) Whenever a question arises concerning the representation of employees, the Commissioner may investigate such controversy and certify to the parties, in writing, the name or names of the representatives that have been designated or selected. In any such investigation, the Commissioner shall provide for an appropriate hearing upon due notice, and shall take a secret ballot of employees to ascertain such representatives. (b) The Commissioner shall have the power to determine who may participate in the election, when ordered, and to establish the rules governing such election. No election need be directed by the Commissioner solely because of the request of an employer or of the employees prompted thereto by their employer, nor shall any individual employed for the duration of a strike or lockout be eligible to vote in such election, nor shall such election be conducted with the employer's participation, assistance or supervision. History: Amended Apr. 6, 1964, No. 1187, Sess. L. 1964, p. 198; Mar. 25, 1971, No. 2964, Sess. L. 1971, p. 78; Mar. 7, 1980, No. 4415, § 2, Sess. L. 1980, p. 28.

Commissioner As Federal Agent; Settlement of Strikes (a) The Commissioner is empowered to prevent any person from engaging in any unfair labor practice. (b) Whenever it is charged that any person has engaged in or is engaging in any unfair labor practice, the Commissioner may issue and cause to be served upon such person a complaint stating the charges in that respect, and containing a notice of hearing before the Commissioner, at a place therein fixed, not less than 5 days after the serving of the complaint. The person so complained of may file an answer to the complaint and appear in person or otherwise and give testimony at the time and place fixed in the complaint. In any such proceedings, rules of evidence prescribed by the Commissioner shall be controlling. (c) If upon all the testimony taken the Commissioner is of the opinion that any person named in the complaint has engaged in or is engaging in any such unfair labor practice, the Commissioner shall state his finding of fact and shall issue and cause to be served on such person an order requiring such person to cease and desist from such unfair labor practice, and to take such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies of this chapter. Such order may further require such person to make reports from time to time showing the extent to which he has complied with the order. If upon all the testimony taken the Commissioner is of the opinion that no person named in the complaint has engaged in or is engaging in any unfair labor practice, then the Commissioner shall state his finding of fact and shall issue an order dismissing the complaint. (d) Notwithstanding the provisions of this chapter, the Commissioner shall be empowered by agreement with the National Labor Relations Board, to act as the Board's agent in any case within the Virgin Islands assigned to him by the said Board, and to accept and apply the provisions and procedures of the Federal Labor Management Relations Act of 1947, as amended, in any such case referred to the Commissioner by the Board. (e) In the event of a strike or work stoppage of any kind, the Commissioner or his representative may intervene, using such means as may be necessary, in his discretion, to resolve said dispute. In the exercise of this power, he may appoint mediators and compensate them for their services. The Commissioner may, at the request of the parties act or appoint an individual to act as an arbitrator to make a final and binding award. History: Amended June 3, 1959, No. 426, § 1; June 20, 1961, No. 772, § 2, Sess. L. 1961, p. 212.

The Commissioner may petition the Superior Court or the District Court of the Virgin Islands for the enforcement of such an order under section 68 of this title and for appropriate temporary relief or restraining order and shall certify and file in the court a transcript of the record in the proceedings, including the pleading and testimony upon which the order was entered and the findings and order of the Commissioner. Upon such filing, the court shall cause notice to be served upon the person against whom the order is directed. Thereupon the court shall have jurisdiction of the proceeding and of the question determined therein, and may grant such temporary relief or restraining order as it deems just and proper, or issue a decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part the order of the Commissioner. In all such actions the Commissioner shall be represented by the United States attorney, and shall not be required to give bond as a condition to filing or maintaining any action for an injunction or restraining order. History: Amended Feb. 8, 1965, No. 1291, § 18, Sess. L. 1965, Pt. I, p. 12; Sept. 9, 1976, No. 3876, § 6, Sess. L. 1976, p. 197.

(a) Any person aggrieved by a final order of the Commissioner granting or denying in whole or in part the relief sought may obtain a review of such order by filing in the Superior Court or the District Court, within 30 days of its issuance, a written petition praying that such decision of the Commissioner be modified or set aside. (b) No objection that has not been urged before the Commissioner shall be considered by the Court unless the failure or neglect to urge such objection is excused because of extraordinary circumstances. The findings of the Commissioner as to the facts, if supported by substantial evidence, shall be conclusive. History: Amended May 16, 1957, No. 160, § 70, Sess. L. 1957, p. 41; June 20, 1961, No. 772, § 3, Sess. L. 1961, p. 212; Feb. 8, 1965, No. 1291, § 19, Sess. L. 1965, Pt. I, p. 12. Sept. 9, 1976, No. 3896, § 6, Sess. L. 1976, p. 197.

The commencement of proceedings under sections 69 and 70 of this title shall not operate as a stay of the Commissioner's order, unless specifically ordered by the court.

Petitions filed under the provisions of this chapter shall be heard expeditiously and, if possible, within ten days after they have been docketed.

For the purpose of all hearings and investigations which in the opinion of the Commissioner are necessary and proper for the exercise of the powers vested in him, the Commissioner shall at all reasonable times have access to, and for the purpose of examination, the right to copy any evidence of any person being investigated that relates to any matter under investigation. The Commissioner may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation or in question, before him. He may administer oaths and affirmations, examine witnesses and receive evidence.

In case of contumacy or refusal to obey a subpoena issued to any person, the Superior Court or the District Court of the Virgin Islands, upon application of the Commissioner, shall have jurisdiction to issue to such person an order requiring such person to appear before the Commissioner or his duly authorized representative, there to produce evidence as so ordered, or there to give testimony concerning the matter under investigation or in question. Any failure to obey such order of the court may be punished by the court as a contempt thereof. History: Amended Feb. 8, 1965, No. 1291, § 20, Sess. L. 1965, Pt. I, p. 12; Sept. 9, 1976, No. 3876, § 6, Sess. L. 1976, p. 197.

(a) Notwithstanding an employment contract that provides for the use of arbitration to resolve a controversy arising out of or relating to the employment relationship, arbitration may be used to settle such a dispute only if: (1) the employer or employee submits a written request after the dispute arises to the other party to use arbitration; and (2) the other party consents in writing not later than sixty (60) days after the receipt of the request to use arbitration. (b) An employer subject to this chapter may not require an employee to arbitrate a dispute as a condition of employment. History: Added Sept. 18, 2002, No. 6570, § 34, Sess. L. 2002, p. 537.

Whoever wilfully resists, prevents, impedes or interferes with the Commissioner or his duly authorized representative, in the performance of his duties pursuant to this chapter, shall be fined not more than $500 or imprisoned not more than 3 months, or both.

(a) Unless modified by union contract, an employer may dismiss any employee: (1) who engages in a business which conflicts with his duties to his employer or renders him a rival of his employer; (2) whose insolent or offensive conduct toward a customer of the employer injures the employer's business; (3) whose use of intoxicants or controlled substances interferes with the proper discharge of his duties; (4) who wilfully and intentionally disobeys reasonable and lawful rules, orders, and instructions of the employer; provided, however, the employer shall not bar an employee from patronizing the employer's business after the employee's working hours are completed; (5) who performs his work assignments in a negligent manner; (6) whose continuous absences from his place of employment affect the interests of his employer; (7) who is incompetent or inefficient, thereby impairing his usefulness to his employer; (8) who is dishonest; or (9) whose conduct is such that it leads to the refusal, reluctance or inability of other employees to work with him. (b) The Commissioner may by rule or regulation adopt additional grounds for discharge of an employee not inconsistent with the provisions enumerated in subsection (a) of this section. (c) Any employee discharged for reasons other than those stated in subsection (a) of this section shall be considered to have been wrongfully discharged; however, nothing in this section shall be construed as prohibiting an employer from terminating an employee as a result of the cessation of business operations or as a result of a general cutback in the work force due to economic hardship, or as a result of the employee's participation in concerted activity that is not protected by this title. History: Added Dec. 29, 1986, No. 5227, § 2, Sess. L. 1986, p. 378; amended Feb. 21, 1996, No. 6092, Sess. L. 1996, p. 8.

(a) Any employee discharged for any reason other than those contained in section 76 of this chapter may, within thirty (30) days after discharge, file a written complaint with the Commissioner. (b) The Commissioner shall cause to be served upon the employer a copy of the complaint stating the charges and a written notice of hearing before the Commissioner which shall be held ten (10) days after service of the complaint. The Commissioner shall also provide such written notice to the employee filing the complaint. The employer named in the complaint may file an answer to the complaint and such employer and the employee filing the complaint may appear in person or otherwise and give testimony at the time and place of the hearing as fixed in the complaint. In any such proceedings, rules of evidence prescribed by the Commissioner shall be controlling. (c) If upon all testimony taken the Commissioner finds that the employer named in the complaint has wrongfully discharged an employee, the Commissioner shall state his findings and shall serve on the employer an order requiring that the employee be reinstated with back pay. If upon all the testimony taken the Commissioner finds that the employee has not been wrongfully discharged, then the Commissioner shall state his findings of fact and shall issue an order dismissing the complaint. History: Added Dec. 29, 1986, No. 5227, § 2, Sess. L. 1986, p. 379.

The Commissioner may request the Superior Court of the Virgin Islands to enforce any order issued under section 77 of this chapter. The findings of the Commissioner with respect to questions of fact shall be considered conclusive if supported by substantial evidence on the record considered as a whole. The court may enforce any order of the Commissioner it deems just and proper and enter a decree enforcing, modifying and enforcing as so modified, or setting aside, in whole or in part, the order of the Commissioner. History: Added Dec. 29, 1986, No. 5227, § 2, Sess. L. 1986, p. 380.

In addition to the remedies provided by sections 77 and 78 of this chapter, any wrongfully discharged employee may bring an action for compensatory and punitive damages in any court of competent jurisdiction against any employer who has violated the provisions of section 76 of this chapter. The court in such action shall award to the plaintiff reasonable attorney's fees and costs of the action, in addition to any judgment in favor of the plaintiff. History: Added Dec. 29, 1986, No. 5227, § 2, Sess. L. 1986, p. 380.

The chapter shall be known and cited as the "Full Employment Act of 1972". History: Added Sept. 1, 1972, No. 3308, § 1, Sess. L. 1972, p. 445.

As used in this chapter, unless the context clearly indicates otherwise, the following terms shall have the following meanings: (1) "Administration" means the Virgin Islands Full Employment Administration. (2) "Administrator" means the Administrator of the Administration. (3) "Board" means the Advisory Board to the Administration. (4) "Job training and placement services" or "job training and placement programs" mean any job training, placement, or related services administered or supervised by the Administration or provided under contract with the Administration, directly calculated to increase employability or improve the employment of the individual. (5) "Unemployed person" means a person who lacks employment, suffers economic problems because of lack of employment, capable of becoming employable becoming employable through the services under this chapter. (6) "Underemployed person" means a person who has bona fide employment by whose employment, be it full time, or part time, or intermittent, is insufficient to provide an income to avoid economic deprivation. (7) "Economic deprivation" means an annual income insufficient to enable the family or individual to meet a table of income criteria adopted by the Administrator with the approval of the Governor. (8) "Eligible person" means any bona fide resident of the Virgin Islands, sixteen years of age and over, for whom suitable employment opportunities are or may be substantially limited because of lack of skills needed to obtain suitable full-time employment or because existing or prospective conditions in the labor market reduce or limit employment opportunities in his present occupation or skill and who has been unable to find employment through normal employment channels. (9) "Fund" means the Employment Development Fund. (10) "Economically displaced persons" means persons who have been subjected to an involuntary layoff or separation from their employment, and who have not quit voluntarily or been dismissed for disciplinary reasons. (11) "Training programs" mean any prevocational, institutional, on-the-job training or related program for occupational training or retraining of training program participants. (12) "Training program sponsor" means any public or private institution of learning, employer, trade association, labor organization, or other public or private agency or organization, including the Administration, which the Administrator determines is qualified to conduct one or more training programs. (13) "Training program participant" means an eligible person who has been admitted to a training program. (14) "Training program costs" mean the aggregate of costs actually incurred by a training program and approved by the Administrator as reasonable and necessary for the development and carrying out of a training program. History: Added Sept. 1, 1972, No. 3308, § 1, Sess. L. 1972, p. 445.

There is hereby created within the Office of the Governor an independent agency of the Government of the Virgin Islands to be designated as the "Virgin Islands Full Employment Administration". The powers of the Administration shall be vested in and exercised by the Governor. The administrative functions of the Administration shall be carried out by the Administrator, who shall be appointed by the Governor, with the advice and consent of the Legislature, for a term of four years and until his successor is appointed and qualified. The Administrator shall receive an annual salary of $16,000. Additional personnel may be employed by the Administrator subject to the provisions of chapter 25 of Title 3 of this Code. The Administration may also retain the services of additional personnel, including professional and technical services, on a contract basis. History: Added Sept. 1, 1972, No. 3308, § 1, Sess. L. 1972, p. 447.

History: Repealed. June 24, 1987, No. 5265, § 1101(b), Sess. L. 1987, p. 88.

The function and objectives of the Administration shall be, to the limit of funds available for such purposes and in cooperation with Federal and Territorial departments and agencies and the private sector, to generate maximum employment opportunities in the public and private sectors of the economy by every available means, including but not limited to job training programs, special public works projects sponsored by Government agencies or, if deemed necessary, by the Administration, and through appropriate incentives to private employers. History: Added Sept. 1, 1972, No. 3308, § 1, Sess. L. 1972, p. 449.

The Administration shall, in cooperation with the Department of Labor, the Employment Security Agency and other Government agencies, maintain a data system to provide continuing information on the unemployed categorized by age, sex, family responsibility and other factors designed to assist the Administration in meeting its objectives. The Administration shall also conduct studies and surveys relative to under-employment, for the establishment of pilot projects and special job incentive programs, to determine present and future job skill requirements and the present and projected supply of such skills. History: Added Sept. 1, 1972, No. 3308, § 1, Sess. L. 1972, p. 449.

(a) No individual shall be approved by the Administrator for admission to a training program unless the Administrator finds in accordance with regulations prescribed by him, that: (1) Suitable employment opportunities for the individual are or may be substantially limited because: (i) The individual lacks skills needed to obtain suitable fulltime employment, or (ii) Existing or prospective conditions in the market, technological change, plant closing or removal, discontinuance of specific plant operations, the seasonal nature of the industry or other factors reduce or limit employment opportunities for the individual in his present occupation or skill; and (2) The individual has the required qualifications and aptitude to complete the program successfully. (b) In the cases of eligible persons between 16 and 21 years of age, the Administration shall seek to place such persons in an approved training program whenever possible, although persons within this age group shall be eligible for all the benefits provided by this chapter. Eligible persons over 21 years of age shall be placed in regular employment positions whenever possible. History: Added Sept. 1, 1972, No. 3308, § 1, Sess. L. 1972, p. 449.

(a) The Administrator shall develop and approve the development of training programs for training participants. (b) To implement the provisions of subsection (a) of this section, the Administrator may enter into agreement with training program sponsors for the development and operation of training programs. The Administrator, in accordance with standards prescribed by him, may reimburse training program sponsors for training program costs for a period not to exceed two years, within the amounts available for appropriation. (c) In approving any training program under this chapter, the Administrator shall give due consideration to existing and prospective conditions of the labor market in the Virgin Islands, taking into account the present and anticipated supply of, and demand for, labor in the occupation or skill to which the training program relates, and to other relevant factors. The Administrator shall not approve any training program unless he determines, in accordance with regulations as he may prescribe, that: (1) The program relates to an occupation or skill for which there are, or are expected to be in the immediate future, reasonable employment opportunities in the Virgin Islands; and (2) The program will not result in the displacement of employed workers: and (3) The training program sponsor is competent and reliable, and has adequate and safe facilities, and adequate training personnel; and (4) The content of the training program is adequate, and will result in the qualification of trainees for suitable employment; and (5) The training program sponsor has agreed to maintain records of attendance and progress of training program participants and to furnish any information and reports, as the Administrator may prescribe by regulation. (d) If a training program approved by the Administrator fails to meet the standards provided in subsection (c) of this section, or if a training program sponsor breaches any of his undertakings, the Administrator, after due notice and an opportunity for the sponsor to be heard, may cancel, terminate or suspend the agreement with the sponsor in whole or in part. Other sanctions may be imposed and remedies invoked as provided by law. History: Added Sept. 1, 1972, No. 3308, § 1, Sess. L. 1972, p. 450.

(a) The Administrator, in accordance with standards prescribed by him, may pay: (1) Training allowances to training program participants; (2) Subsistence allowances to training program participants who are required to live away from their normal residence to attend a training program; (3) Transportation allowances to training program participants who are required to travel substantial distances to attend a training program. (b) In setting standards for these allowances, the Administrator shall take into consideration data relating to the costs of living to training program participants, any wages or unemployment compensation paid to participants, and, in the case of transportation allowances, the costs of transportation involved. (c) The Administrator may make advance payments of the allowances to training program participants who, because of immediate financial needs for the maintenance of themselves or their dependents pending receipt of allowances, would otherwise be unable to enter upon or continue training. History: Added Sept. 1, 1972, No. 3308, § 1, Sess. L. 1972, p. 451.

Notwithstanding any provision of the Virgin Islands Unemployment Insurance Laws, an eligible person participating in a training program shall not become ineligible for unemployment compensation benefits solely because of his attendance at a training program which the Administrator has approved and continues to approve from time to time for such eligible persons. (a) Job agents shall be selected for their ability to understand and work with eligible persons to be served by the provisions of this chapter, their educational background and other factors, including, but not limited to, military experience, related work experience and vocational training. (b) The Director of Personnel shall prepare a special examination for job agents in accordance with the criteria established by this section. The Administrator shall cooperate in the development of such examinations and shall use the probationary period to insure that these selection criteria are maintained. At such times as job performance standards have been developed and performance measurement is feasible, the Administrator shall recommend to the Director of Personnel the establishment of a form of compensation for job agents based primarily on the job agent's achievement in obtaining successful completion of training and employment goals by eligible persons. (c) The Administrator shall conduct training programs for job agents and shall provide job agents with any information necessary to carry out the provisions of this chapter. Such programs shall be developed in consultation with the Board. (d) The job agent shall provide each eligible person with such job training, placement and related services necessary to his employability on an individualized basis by means of the following: (1) The development of a training and employment plan for each individual served; (2) Procuring from public and private agencies and individuals, the training and related services required by each individual eligible person; (3) A continuing review and evaluation of each individual's progress up to and including placement and retention in employment for at least 18 months; (4) A postemployment followup at intervals to be determined by the Administrator; (5) Assistance in overcoming obstacles which threaten to deter the progress of the eligible person through the various programs. (e) The training and employment plan for each eligible person assigned to a job agent shall be considered successfully completed when the goal specified in the eligible person's plan has been achieved or after 18 months of continuous employment. The goal in each plan shall be related to the employment potential of each eligible person served. History: Added Sept. 1, 1972, No. 3308, § 1, Sess. L. 1972, p. 452.

(a) In the fulfillment of the functions assigned to it by this chapter, the Administration may promote and develop employment programs and special work projects for eligible persons in the construction, repairing, maintenance and ornamentation of public works or buildings, including highways, public housing, streets, roads, parks, recreation facilities and other public properties; in the cleaning, improvement and conservation of beaches, places of exceptional beauty and recreation zones; in the conservation of lands, water, fishing, and other wildlife; in activities of environmental sanitation; in artisan projects; in cultural activities; in the rendering of services in offices or of personal attention such as housekeepers, nursing of the sick, the children or the old in hospitals, nurseries, health homes, and private homes when these projects are carried out under the sponsorship of nonprofit organizations or by public entities; in the protection of students against the traffic risks in the immediate school areas; in training or retraining projects in any type of occupation; in education, in the teaching of the illiterate or other persons; in the improvement and expansion of public services; and in any project similar to those mentioned. (b) The projects to be carried out under the programs of the Administration shall be those of social utility, in which the cost of labor is a predominant factor, and shall be designed to provide employment opportunities which otherwise would not be available. No special work project shall be carried out which may have the effect of producing an unfair competition between different employers of th private enterprises; which may reduce regular employment in the Government or with private employers or which lowers the cost of labor of the employer for whom the work is to be done under contract, except in those cases where part of the wages is contributed by the Administration toward the creation of employment opportunities which would not arise should the employer be compelled to pay the entire cost of said wage. Neither shall there be carried out projects which have, as a result, the effect of displacing persons already employed, including partial displacement that may result from the reduction of working hours or of types of wages or other benefits of the workers. The projects carried out under the sponsorship of public agencies shall, in no case, be a substitution of the projects normally carried out by said agencies, but only in addition to the latter and to the normal increases in same. (c) The Administration may enter into contracts with the private employers, whether they be natural or artificial persons, of profit or nonprofit character, and with workers organizations. In these cases the Administration may contribute any part of the necessary funds to pay the wages of such workers. (d) Subject to the provisions of this chapter, when contracting with private employers or with public agencies, the Administration may not otherwise change or vary the conditions established by the agreements entered into, between the latter and labor organizations; nor may it change the obligations fixed in the training agreements approved by the Department of Labor; nor interfere in any manner with the management and labor relations in those cases in which a labor union has initiated or initiates activities for the organization of a specific group of workers for the purpose of being recognized or certified as the legal representative of said workers. Neither shall the Administration furnish workers, or enter into a contract to furnish them, to any employer, if the normal employees of said employer are on strike or the employer is involved in an unlawful labor practice. (e) The wages to be paid by private employers to the workers under the provisions of this chapter shall be those in effect at any given moment, determined by the Minimum Wage Act, or by collective agreements for similar work. In case the employer be a public agency, the wages to be paid shall be those as received by the regular employees of such agency, for similar jobs. (f) When it is the Administration which is directly offering the employment, the wages shall be fixed taking into consideration the prevailing wages for similar labor and the legislative intention that through these special work projects and employment programs there will not be established an unfair competition towards private employers. (g) The Administration shall determine the total of the hours that a worker may work in a determined week or in any period of time, considering the nature of the work, the manner in which it is done and the legislative intention that the workers who avail themselves of the benefits of this chapter shall always have sufficient incentive to accept normal employment as soon as such employment is available. (h) Any eligible person employed or assigned to a training program pursuant to the provisions of this chapter shall not be deemed employees of the Administration or of the Government except that the provisions of chapter 11 of Title 24 and chapter 118 of Title 33 of this Code shall apply to eligible persons employed directly by the Administration or any other public agency. History: Added Sept. 1, 1972, No. 3308, § 1, Sess. L. 1972, p. 453.

The Administration may request, accept and utilize for the purposes of this chapter funds and assistance from any Federal department or agency or private source. The Administration, with the approval of the Governor, is authorized to sponsor projects originated under Federal law, to act as constituent or delegating agency and to supervise the use of said funds in accordance with this chapter and Federal law. History: Added Sept. 1, 1972, No. 3308, § 1, Sess. L. 1972, p. 455.

The provisions of Title 19 of this Code, pertaining to civil rights, shall specifically apply to all special work projects, employment programs, job training programs or retraining programs provided by this chapter. History: Added Sept. 1, 1972, No. 3308, § 1, Sess. L. 1972, p. 455.

If the Secretary of Labor, the Secretary of Health, Education and Welfare or any Federal agency issues a formal ruling that any provision of this chapter pertaining to job training, retraining, special work projects or employment programs cannot be given effect without causing the Territory's plan to be out of conformity with Federal requirements or does not otherwise conform with Federal requirements, with the approval of the Governor that provision shall become inoperative to the extent that it does not conform. History: Added Sept. 1, 1972, No. 3308, § 1, Sess. L. 1972, p. 455.

(a) There is created and established in the Treasury of the Virgin Islands a special fund to be designated the Employment Development Fund. The Commissioner of Finance shall maintain and provide for the administration of said Fund as a separate and distinct fund in the Treasury, and no fund shall be available for expenditure except as provided by this chapter or other applicable law. (b) All monies from whatever source to be used for the purposes of this chapter, except that for administrative purposes of the Administration shall be deposited in the Fund. Monies may be disbursed by the Commissioner of Finance at the discretion of the Administrator with the approval of the Governor. History: Added Sept. 1, 1972, No. 3308, § 1, Sess. L. 1972, p. 456.

The Administrator shall prescribe rules and regulations implementing the provisions of this chapter, which shall become effective in accordance with applicable law. History: Added Sept. 1, 1972, No. 3308, § 1, Sess. L. 1972, p. 456.

Fund (a) A surcharge of one-tenth of one percent (0.1%) of the taxable wages paid shall accrue and become payable by each employer every quarter of each calendar year subject to the limitations on wages established in section 308(c) of this title. The surcharge shall become due and be paid by each employer to the Department of Labor to be remitted to the Commissioner of Finance and deposited in the Labor Administrative and Training Fund as established under section 99 of this subchapter, and shall not be deducted, in whole or in part, from the wages of individuals in employment for the employer. (b) Any employer who fails to pay the surcharge, as provided under this section shall be subject to a fine of $50 for each month the surcharge remains unpaid. History: Added Jan. 1, 2002, No. 6481, §§ 2 and 4, Sess. L. 2001, p. 347.

(a) There is established in the Treasury of the Government of the Virgin Islands a special fund, separate and apart from all other public money or funds of the Government of the Virgin Islands, to be known as the "Labor Administrative and Training Fund" (hereinafter the "Fund"). (b) The Fund shall consist of the surcharge collected under the provisions of section 98 of this subchapter. Moneys in the fund may not be commingled with other funds of the Government of the Virgin Islands, but shall be maintained in a separate account on the books of the depository bank. (c) (1) The Commissioner of Finance shall be the custodian of the Fund. Monies in the Fund shall be disbursed from the Fund by the Commissioner of Finance at the direction of the Commissioner of Labor exclusively for the purposes provided in subsection (d) of this section. (2) The Commissioner of Finance shall be liable on his official bond for the faithful performance of his duties in connection with the Fund. The liability on the official bond shall be effective immediately upon the enactment of this section, and the liability exists in addition to the liability upon any other separate bond that may be given by the Commissioner. All funds recovered on any official bond for losses sustained by the Fund shall be deposited into the Fund. The premium for the official bond authorized under this subsection shall be paid from the fund. (3) Monies in the Fund shall remain available to the Commissioner of Labor until expended. (d) The moneys in the Fund shall be used exclusively for the following purposes: (1) $100,000 of the money collected each fiscal year under this subchapter shall be appropriated to the Department of Labor to administer the provisions of section 98 of this subchapter including the payment of salaries. The payment of the administrative expenses provided for under this paragraph shall be appropriated and apportioned before any other appropriation is made in accordance with the provisions of this subsection. (2) Forty percent of the monies collected each fiscal year shall be deposited into the Union Arbitration Award and Government Employees Increment Fund established in title 33, section 3066, of this Code. (3) Twenty percent of the monies collected each fiscal year shall be appropriated to the Division of Personnel to train government employees. (4) Forty percent of the monies collected each fiscal year shall be used to train eligible persons, as defined in section 81(8) of this title, in the areas of computer programming, computer repairs, computer security, web page designing, electronics maintenance and other related areas associated with the computer, internet, and electronics industries. History: Added Jan. 1, 2002, No. 6481, §§ 2 and 4, Sess. L. 2001, p. 348.

(a) It is the responsibility of the Government of the Virgin Islands to foster free competitive private enterprise and the investment of private capital. (b) All Virgin Islanders able to work and seeking work are entitled to an opportunity for useful, remunerative, regular, and full-time employment, including self-employment in agriculture, commerce, industry or the professions. (c) In order to assure the free exercise of the opportunity for employment set forth above and in order to- (1) foster free competitive private enterprise and the investment of private capital; (2) promote the general health and welfare of the Virgin Islands; (3) foster the American home and American education as the foundation of the American way of life; (4) raise the standard of living of the people of the Virgin Islands; (5) provide adequate employment opportunities for returning veterans; (6) develop trade and commerce among the several States and with foreign countries; (7) maintain expanding markets for agricultural products and assure expanding income for agricultural enterprises; (8) contribute to the economic development of underdeveloped areas of the country; and (9) encourage and strengthen competitive small business enterprises- the Government of the Virgin Islands has the responsibility, with the assistance and concerted efforts of industry, agriculture and labor and consistent with the needs and obligations of the Government of the Virgin Islands to assure continuing full employment, that is, the existence at all times of sufficient employment opportunities for all Virgin Islanders able to work and seeking work. (d) To that end the Government of the Virgin Islands shall, in cooperation with industry, agriculture, labor, and others, develop and pursue a consistent and carefully planned economic program with respect to, but not limited to, taxation, banking and credit, monopoly and monopolistic practices, wages, hours, and working conditions, agriculture, education, housing, social security, natural resources, the provision of public services, works, and research, and other revenue, investment, expenditure, service, or regulatory activities of the Government of the Virgin Islands. Such program shall, among other things- (1) stimulate, encourage, and assist private enterprises to provide, through an expanding production and distribution of goods and services, the largest feasible volume of employment opportunities; (2) provide for an income for the aged sufficient to enable them to maintain a decent and healthful standard of living, and promote the retirement from the labor force of the older citizens; and (3) to the extent that continuing full employment cannot otherwise be attained, request such volume of Federal investments and expenditure as may be needed, in addition to the investment and expenditure by private enterprises, consumers, and municipal governments, to achieve the objective of continuing full employment. Federal investment and expenditure, whether direct or indirect, or whether for public works, for public services, for assistance to business, agriculture, home owners, veterans, or consumers, or for other purposes, shall be requested, designed to contribute to the insular wealth and well-being and to stimulate increased employment opportunities by private enterprises.

(a) The Governor shall transmit to the Legislature of the Virgin Islands at the beginning of each regular session a Production and Employment Budget, which shall set forth- (1) for the ensuing fiscal year and such longer period as the Governor may deem appropriate, an estimate of the number of employment opportunities needed for full employment, the production of goods and services at full employment, and the volume of investment and expenditure needed for the purchase of such goods and services; (2) current and foreseeable trends in the number of employment opportunities, the production of goods and services, and the volume of investment and expenditure for the purchase of goods and services, not taking into account the effects of the general program provided for in paragraphparagraph (3)and, (3) a general program, pursuant to section 111 of this title, for assuring continuing full employment, together with such recommendations for legislation as he may deem necessary or desirable. Such program shall include whatever measures he may deem necessary to prevent inflationary or deflationary dislocations or monopolistic practices from interfering with the assurance of continuing full employment. (b) The Production and Employment Budget shall include a review of the economic program of the government of the Virgin Islands during the preceding year and a report on its effect upon the amount of the income of the Virgin Islands and upon the distribution of such income among agriculture, industry, labor, and others. (c) The Governor shall transmit quarterly to the Legislature a report on economic developments, together with such modifications in the Production and Employment Budget and such legislative recommendations as he may deem necessary or desirable.

(a) The Production and Employment Budget shall be prepared under the general direction and supervision of the Governor and in consultation with heads of departments and establishments. (b) The Governor shall consult with industry, agriculture, labor, consumers, and others, with regard to the preparation of such Budget, and for this purpose shall establish such advisory boards as he deems desirable.

(a) When the Production and Employment Budget and the quarterly reports thereon are transmitted to the Legislature as provided by section 112 of this title, they shall be referred to the appropriate committee of the Legislature. (b) It shall be the function of such committee- (1) to make a continuing study of matters relating to the Production and Employment Budget and to consult with the Governor with respect thereto; and (2) to make a study of the Production and Employment Budget transmitted to the Legislature by the Governor in accordance with section 112 of this title. (c) The committee, or any duly authorized sub-committee thereof, is authorized to sit and act at such places and times, to require by subpoena or otherwise the attendance of such witnesses and the production of such books, papers, and documents, to administer such oaths, to take such testimony, to procure such printing and binding, and to make such expenditures as it deems advisable.

Nothing contained in this chapter shall be construed as directing or authorizing- (1) the operation of plants, factories, or other productive facilities by the Government of the Virgin Islands; (2) the use of compulsory measures of any type whatsoever in determining the allocation or distribution of manpower; (3) any change in the existing procedures on appropriations; or (4) the carrying out of, or any appropriation for, any program set forth in the Production and Employment Budget, unless such program has been authorized by provisions of law other than this chapter.

For the purposes of this chapter, unless it is otherwise provided or the context requires a different construction, application or meaning- "Commissioner" means the Commissioner of Labor or his authorized representative. "Employment Service" means the Virgin Islands Employment Service. "Minimum recruitment wage" means the wage paid for a particular occupation or skill as determined semiannually by the board after public notice and hearing. In determining the minimum recruitment wage the board shall take into consideration the average wage paid for a particular occupation or skill by the three employers in the Virgin Islands who maintain the highest wage rates, the wage rates which prevail under union contracts, the ability of employers to pay, the cost-of-living appraisals, such wage rates necessary to induce residents to accept the jobs available, and any other pertinent factors; Provided, however, That the rate set by the board shall not exceed the average paid for an occupation or skill by the three employers who maintain the highest wage rates. The initial determination of the minimum recruitment wage shall be made by the board not later than April 15, 1966. Nothing contained herein shall be construed to be applicable in the determination of "wages" for the purpose of claims for unemployment insurance under the provisions of chapter 12 of this title. "Board" means a wage board which is created by section 6 of this title. "Nonresident worker" means any person who is capable of performing services or labor and who is a nonimmigrant alien admitted to the United States under the provisions of section 101(a)(15) (H) (ii), Immigration and Nationality Act (June 27, 1952, c. 477, § 101(a)(15)(H)(ii); 66 Stat. 166(a)(15)(H)(ii); 8 U.S.C. §1101(a)(15)(H)(ii)), and under the provisions of related sections of such Act. "Resident worker" means any person who is capable of performing services or labor and who is a citizen of the United States or an immigrant alien admitted to the United States for permanent residence under the provisions of the Immigration and Nationality Act, as amended (June 27, 1952, c. 477, § 101 et seq.; 66 Stat. 166 et seq.; 8 U.S.C. §1101 et seq.). History: Added Feb. 25, 1964, No. 1102, § 2, Sess. L. 1964, p. 42; amended May 5, 1964, No. 1227, § 1, Sess. L. 1964, p. 332; Mar. 17, 1965, No. 1343, § 6, Sess. L. 1965, Pt. I, p. 81; Dec. 1, 1965, No. 1537, § 1, Sess. L. 1965, Pt. I, p. 530; Apr. 4, 1966, No. 1670, §§ 2(b), 3, Sess. L. 1966, p. 134.

Resident workers shall be given preference in employment in the Virgin Islands in any industry or occupation for which such workers are qualified and available. Nonresident workers shall be employed only to supplement the labor force of available and qualified resident workers. No resident worker shall suffer any reduction in his workweek below 40 hours a week by reason of an employer employing a nonresident worker. No employer shall employ a nonresident worker except in strict accordance with the provisions of this chapter and regulations issued hereunder. Nothing contained herein shall be construed to interfere with the policy of the Employment Service in the canvassing of affiliated state employment services to obtain workers before issuing clearance certification for alien workers. History: Added Feb. 25, 1964, No. 1102, § 2, Sess. L. 1964, p. 42; amended May 5, 1964, No. 1227, § 2, Sess. L. 1964, p. 333; Apr. 4, 1966, No. 1670, § 4(a), Sess. L. 1966, p. 135.

Commissioner (a) The procedures set forth in this chapter shall not apply to the employment of domestic workers in private homes; Provided, That nothing contained herein shall be construed to limit compliance with any procedure now or hereafter required by the Employment Service in connection with such employment of domestic workers. (b) For the purposes of this chapter, and without limitation on the scope or extent of powers, duties or responsibilities vested by other provisions of this chapter, or of any other federal or territorial law and/or regulation -the Employment Service shall (1) in the placement of workers, perform all certification functions relating to wage requirements and the determination of the occupational qualifications and classifications applicable to individual workers, resident or nonresident. Nothing contained herein shall be construed to limit the power of the Commissioner to make wage or classification determinations in accordance with applicable law. (2) canvass state employment services to obtain workers before issuing clearance certificates. (3) in cooperation with the Commissioner conduct continuing surveys of manpower needs, prepare training programs and recommend other measures for alleviating shortages and reducing the need for nonresident workers. -the Commissioner shall (1) enforce the provisions of this chapter, including the performance of investigatory functions necessary or appropriate thereto, and the enforcement of clearance orders issued by the Employment Service as well as agreements entered into by him and employers concerning the employment of nonresident workers as provided for herein. (2) furnish a listing of the minimum recruitment wages to the Employment Service on a regular and continuous basis. (3) cooperate with the Employment Service in furtherance of the objectives of this chapter and in effectuation of the provisions hereof. (4) cooperate with the United States Department of Labor in the enforcement of the conditions and the minimum wage prescribed on MA-VI-1 certifications of nonresident workers. History: Added Feb. 25, 1964, No. 1102, § 2, Sess. L. 1964, p. 333; amended May 5, 1964, No. 1227, § 3, Sess. L. 1964, p. 42; May 26, 1971, No. 3042, Sess. L. 1971, p. 173.

(a) An employer applying for workers through the Employment Service shall, at the same time, file a signed copy of his application with the Commissioner and shall state (1) the place and nature of the employer's business, (2) the number of workers desired and occupational qualifications of such workers, and (3) the wages to be paid to such workers, which shall not be less than the minimum recruitment wage as certified by the Commissioner. (b) Upon receipt of an application pursuant to the provisions of subsection (a) of this section, the Employment Service shall first endeavor to fill the job vacancies reported by the employer by referral of qualified resident workers registered with such Service. In the event of inability to supply sufficient qualified resident workers from such source, the Service shall cause the existence of the vacancies and the applicable minimum recruitment wage rates for each occupation as determined by the Commissioner, to be publicized, including notice to active labor unions, posting of notice in public places in the judicial division where the workers are to be employed, the use of newspaper and other advertising media when appropriate, and such other means as the service may determine to be feasible. The Commissioner shall be empowered at the request of the Employment Service to assist the Employment Service in advertising the job vacancies referred to in this section. (c) No later than 20 days from the date of filing of the employer's application in accordance with the provisions of subsection (a) of this section, the Employment Service upon a finding that (1) there are no occupationally qualified resident workers available to fill all or some of the vacancies applied for and (2) such employment of nonresident workers will not adversely affect the wages and working conditions of domestic workers similarly employed (3) upon receiving no later than 10 days from the date of filing the employer's application a favorable recommendation from the Commissioner, may issue a clearance order for the employment of nonresident workers for the position for which no qualified resident workers are available. If, at any time, a qualified resident worker becomes available for a position in an occupational classification occupied by a nonresident worker pursuant to a clearance order, the Employment Service shall so notify the Commissioner and the Immigration and Naturalization Service. (d) Before submission of a clearance order to the Immigration and Naturalization Service, the Commissioner shall require a written agreement from the employer in the form set forth as Annex A to this section, stating that (1) the employer requires such nonresident workers for immediate employment, and the clearance of none is sought for the purpose of building a labor reserve; (2) the employer is paying or intends to pay not less than the minimum recruitment wage to all employees in the same or related occupational classification as the nonresident workers; (3) the employer agrees to comply with minimum employment conditions or other pertinent matters consistent with the provisions of this chapter and such other applicable laws as the Commissioner may determine; and (4) such workers are guaranteed a workweek of not less than 40 hours, except that a lesser workweek, not to be less than 20 hours per week, shall be guaranteed nonresident workers in such industries and occupations as the board, under the provisions of section 6(e) of this title, may determine to be in reasonable need of such lesser workweek guarantee, except, further, that any employer who has a bona fide labor union contract, as determined by the Commissioner, under which the employer's workers are guaranteed full employment and such other benefits as the Commissioner may deem satisfactory shall not be required to guarantee any minimum workweek under the provisions of this clause. (e) The Commissioner shall provide nonresident workers covered by this chapter with a copy of the agreement required by subsection (d) of this section and with a certificate, the information on which shall be determined by the Commissioner. The nonresident worker shall be required to keep the certificate on his person at all times. History: Added Feb. 25, 1964, No. 1102, § 2, Sess. L. 1964, p. 42; amended May 5, 1964, No. 1227, § 4, Sess. L. 1964, p. 334; Dec. 1, 1965, No. 1537, §§ 3, 4, Sess. L. 1965, Pt. I, p. 530; Apr. 4, 1966, No. 1670, § 4(b), Sess. L. 1966, p. 135.

(a) If at any time subsequent to the employment of a nonresident worker pursuant to a clearance order the Commissioner, upon notice to such effect by the Employment Service or upon his own investigation, shall ascertain that there is available an occupationally qualified resident worker to fill the position of such nonresident worker, or if at any time the Commissioner finds, after investigation and hearing, that the public interest and welfare demand such action, the Commissioner shall notify the employer in writing and thereupon the employer shall, after giving the nonresident worker 14 days notice of such fact, terminate the employment of the nonresident worker. (b) A resident worker who has replaced a nonresident worker pursuant to the provisions of this chapter and whose services are contracted for without a definite term may not be discharged except for incompetence, insubordination, misconduct, violation of employers' rules and regulations or other just cause and shall not be replaced by the same or by any other nonresident worker unless so discharged and no other resident worker with the required skills is available. (c) Any discharged resident worker, who is aggrieved and believes his dismissal was without just cause, may file a complaint with the Commissioner within 10 working days following such dismissal, and the Commissioner shall cause an investigation to be made. If upon investigation the Commissioner determines that a prima facie case of wrongful dismissal exists, he shall hold a hearing at which the employer and employee may introduce evidence to establish the facts. If it is the Commissioner's determination that the worker was discharged in violation of the provisions set forth in this section, then the Commissioner shall order the reinstatement of the worker, and the employer shall be ordered to pay the employee back pay from the date of dismissal to the date of reinstatement. The hearing and determination of the Commissioner shall be concluded not later than twenty (20) working days after the date of filing of the complaint. (d) No employer shall reduce the regular workday or workweek of resident workers for the purpose of giving employment to nonresident workers. (e) Any layoffs, by reasons of reduction in force, shall affect nonresident workers first. No resident worker shall be laid off while a nonresident worker is retained in the same occupational classification for which the resident worker is qualified and available. (f) No clearance order shall be approved by the Employment Service to an employer for work in any place of employment where a strike is in progress, nor in any case where said order will aid directly or indirectly in filling a job (1) which is vacant because the former incumbent is on strike or is being locked out in the course of a labor dispute, or (2) the filling of which is an issue in a labor dispute. For purposes of this section, the Commissioner shall certify to the Employment Service when he finds that a strike or lockout is in progress or that filling of a job is an issue in a labor dispute. History: Added Feb. 25, 1964, No. 1102, § 2, Sess. L. 1964, p. 42; amended May 5, 1964, No. 1227, § 5, Sess. L. 1964, p. 335; Dec. 1, 1965, No. 1537, § 5, Sess. L. 1965, Pt. I, p. 530; April 4, 1966, No. 1670, § 5, Sess. L. 1966, p. 136; March 22, 1972, No. 3196, Sess. L. 1972, p. 50; June 20, 1975, No. 3704, Sess. L. 1975, p. 41.

Each employer who is engaged in business in the Virgin Islands shall keep and present immediately upon demand of the Commissioner up-to-date records with the following information: (1) number, names and addresses of employees in his employ; (2) status of each with respect to legal residence; (3) if bonded, their country of origin and date when bonds will expire; (4) classification and wage rate of each employee and payrolls showing number of hours worked each day and each week and compensation received by each employee, and whatever deductions have been made from his wages. An employer shall acquaint each nonresident worker employed by him under bond as to the provisions of the clearance order for agreement which stipulates the wages and conditions of employment. History: Added Feb. 25, 1964, No. 1102, § 2, Sess. L. 1964, p. 42.

The Commissioner shall determine prevailing wage rates after public notice and hearing, and shall cause the same to be published in newspapers of general circulation in the Territory. Such prevailing wage rates may also be advertised throughout the Territory to all interested parties by such suitable means and media as the Commissioner may determine. The Commissioner shall have the power to establish minimum standards of qualifications for occupational categories to which the prevailing wage rates apply. History: Added Feb. 25, 1964, No. 1102, § 2, Sess. L. 1964, p. 42.

(a) The Commissioner shall investigate all complaints involving violations of these regulations, and after notice and hearing issue an order disposing of the matter. (b) The Commissioner may petition any court of competent jurisdiction of the Virgin Islands for the enforcement of an order issued under the provisions of this chapter, and the appropriate temporary relief or restraining order, and shall file in the court a transcript of the records in the proceedings, including where appropriate the pleading and testimony upon which the order was entered and the findings and order of the Commissioner. Upon such filing, the court shall cause notice to be served upon the person against whom the order is directed. Thereupon the court shall have jurisdiction of the proceeding and may grant such temporary relief or restraining order as it shall deem just and proper, or issue a decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part the order of the Commissioner. In all such actions the Commissioner shall be represented by the Attorney General of the Virgin Islands, and shall not be required to give bond as a condition to filing or maintaining any action for an injunction or restraining order. History: Added Feb. 25, 1964, No. 1102, § 2, Sess. L. 1964, p. 42; amended Dec. 1, 1965, No. 1537, § 6, Sess. L. 1965, Pt. I, p. 530.

Anyone aggrieved by a decision or order of the Commissioner may appeal said decision to the Superior Court or the Court of competent jurisdiction of the Virgin Islands within ten days following the date of the decision or order. The commencement of any proceedings in any court shall not operate as a stay of compliance with any provisions of this chapter or any rules, regulations or orders issued thereunder. All findings, decisions or orders by the Commissioner as to questions of fact shall be deemed final if supported by substantial evidence. History: Added Feb. 25, 1964, No. 1102, § 2, Sess. L. 1964, p. 42; amended Sept. 9, 1965, No. 1525, Sess. L. 1965, Pt. I, p. 504; Dec. 1, 1965, No. 1537, § 7, Sess. L. 1965, Pt. I, p. 530. Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

Within 15 days after approval of this Act, the Commissioner shall issue, subject to the approval of the Governor, rules and regulations necessary or appropriate to effectuate the provisions of this chapter. Said rules and regulations shall become effective immediately and shall have the force and effect of law. History: Added Feb. 25, 1964, No. 1102, § 2, Sess. L. 1964, p. 42.

Any employer who wilfully violates the provisions of this chapter or of any rules or regulations issued pursuant thereto shall be guilty of a misdemeanor. Each week or portion of week thereof during which an employer continues in wilful violation shall constitute a separate offense. History: Added Feb. 25, 1964, No. 1102, § 2, Sess. L. 1964, p. 42.

In addition to any other penalties prescribed by law, the Attorney General may bring action in any court in the Virgin Islands to restrain violations of this chapter. History: Added Feb. 25, 1964, No. 1102, § 2, Sess. L. 1964, p. 42.

Nothing contained in this chapter shall be construed as abrogating or interfering with the responsibility of the Employment Service to carry out rules and regulations promulgated by the United States Secretary of Labor for operation of affiliates of the United States Employment Service. History: Added May 5, 1964, No. 1227, § 6, Sess. L. 1964, p. 335.

The purpose of this chapter is to continue in this Code applicable legislation to enable the continuance in the Virgin Islands of a system of free public employment offices for workers seeking employment and for employers seeking workers, and to continue to obtain for the Virgin Islands the benefits of the Act of Congress approved June 6, 1933 (48 Stat. 113), as amended, and as provided and authorized in this chapter. History: Amended May 16, 1957, No. 160, § 71, Sess. L. 1957, p. 41.

The Virgin Islands hereby accepts the provisions of the Act of Congress entitled "An Act To Provide for the Establishment of a National Employment System and for other Purposes", approved June 6, 1933 (48 Stat. 113), as amended. History: Amended May 16, 1957, No. 160, § 71, Sess. L. 1957, p. 41.

(a) The Virgin Islands Employment Security Agency, as heretofore established as an independent agency of the Virgin Islands within the Office of the Governor is hereby transferred to and made a division of the Department of Labor as provided by Title 3, section 355(a) of the Code, and said Agency shall be under the general supervision and control of the Commissioner of Labor. The Virgin Islands Employment Service heretofore continued by former section 153 of this title, and the Virgin Islands Unemployment Compensation Service (hereby redesignated the "Virgin Islands Unemployment Insurance Service"), heretofore established in the said Virgin Islands Employment Service, are continued and designated as divisions of the Virgin Islands Employment Security Agency. (b) All powers, duties and functions conferred on the Virgin Islands Employment Service heretofore continued by former section 153 of this title, and all property, assets, liabilities, contracts, records, unexpended balances of appropriations, and all personnel and equipment of the same are hereby transferred and continued in the Virgin Islands Employment Service as a division of the Virgin Islands Employment Security Agency. (c) All powers, duties, and functions conferred on the Virgin Islands Unemployment Compensation Service, heretofore established in the Virgin Islands Employment Service by section 312(a) of this title, and all property, assets, liabilities, contracts, records, unexpended balances of appropriations, and all personnel and equipment of the same are hereby transferred and continued in the Virgin Islands Unemployment Insurance Service as a division of the Virgin Islands Employment Security Agency. (d) The Virgin Islands Employment Security Agency division of the Department shall be administered by a full time Director and the subdivisions thereof shall be administered by Assistant Directors, under the supervision and direction of the Director who shall, in turn, be under the supervision and direction of the Commissioner of Labor. The Director, Assistant Directors and other employees of the division shall be appointed pursuant to the provisions of Title 3, chapter 25, of the Code. (e) The Virgin Islands Employment Security Agency, acting through its respective divisions, shall administer the provisions of this chapter and of chapter 12 of this title. (f) The Virgin Islands Employment Security Agency, acting through the Virgin Islands Employment Service, is hereby designated and constituted the agency for the Government of the Virgin Islands for the purpose of the Act of Congress referred to in section 152 of this title with full power and authority to cooperate with all authorities of the United States having powers or duties under the said Act and to do and perform all things necessary to secure to the Virgin Islands the benefits of such Act in the promotion and maintenance of a system of public employment offices. (g) Services rendered by the Virgin Islands Employment Security Agency under this chapter shall comply with the authorizations and regulations of the Bureau of Employment Security of the United States Department of Labor. The Director shall, subject to the supervision of the Commissioner of Labor, be empowered to establish and maintain free public employment offices in such manner and in such plans as may be necessary for the proper administration of this chapter and for the purpose of performing such duties as are within the purview of the aforesaid Act of Congress. History: Added Jan. 8, 1959, No. 383, § 3, Sess. L. 1958, p. 176; amended June 25, 1963, No. 1036, § 1, Sess. L. 1963, p. 399; Dec. 27, 1973, No. 3505, § 2, Sess. L. 1973, p. 296.

There is hereby created in the treasury of the Virgin Islands a special fund to be known as the Employment Service Administration Fund. All monies deposited or paid into this fund shall be continuously available to the Director of the Virgin Islands Employment Security Agency for expenditure, solely for the purposes and the amounts found necessary by the Secretary of Labor for the proper and efficient administration of the public employment service, and shall not lapse at any time or be transferred to any other fund. The fund shall consist of all moneys received for the administration of the Virgin Islands Employment Service from the United States of America, or any agency thereof, or from any other source; all moneys received from any agency of the United States or any State or territory as compensation for services or facilities supplied to such agency; all amounts received pursuant to any surety bond or insurance policy or from other sources for losses sustained by the Employment Service Administration Fund or by reason of damage to property, equipment, or supplies purchased from moneys in such fund; and all proceeds realized from the sale or disposition of any such property, equipment or supplies which may no longer be necessary for the proper administration of services provided under the Act of Congress referred to in section 152 of this title. History: Amended June 24, 1958, No. 335, § 19, Sess. L. 1958, p. 117; June 25, 1963, No. 1036, § 2, Sess. L. 1963, p. 401.

Moneys covered into the Employment Service Administration Fund pursuant to the provisions of section 154 of this title shall be secured by the depository bank by collateral in the full amount of the funds on deposit as required by the Virgin Islands law and in compliance with the Bureau of Employment Security fiscal standards. History: Amended May 16, 1957, No. 160, § 71, Sess. L. 1957, p. 41.

The Commissioner of Finance of the Virgin Islands shall be liable on his official bond for the faithful performance of his duties in connection with the Employment Service Administration Fund provided for under this chapter. Such liability on the official bond shall continue to be effective immediately upon the enactment of this Code, and such liability shall exist in addition to any liability upon any separate bond existent on the effective date of this provision, or which may be given in the future. History: Amended May 16, 1957, No. 160, § 71, Sess. L. 1957, p. 41.

Moneys placed in the Employment Service Administration Fund of the Virgin Islands Employment Security Agency shall not be commingled with other funds of the Virgin Islands but shall be maintained in a separate account on the books of the Department of Finance. All moneys granted, accruing to or received by said fund are hereby appropriated for the purposes mentioned in this chapter, and shall be paid out by the Commissioner of Finance of the Virgin Islands only upon vouchers prepared and approved and certified to by the Director of the Virgin Islands Employment Security Agency or his duly authorized agent for such purposes and in the amounts found necessary by the United States Secretary of Labor for the proper and efficient administration of the Virgin Islands Employment Service. History: Amended May 16, 1957, No. 160, § 71, Sess. L. 1957, p. 41; Feb. 14, 1963, No. 932, Sess. L. 1963, p. 31; June 25, 1963, No. 1036, § 3, Sess. L. 1963, p. 401.

If any moneys from the Employment Service Administration Fund are found by the United States Secretary of Labor, because of any action of contingency, to have been lost or to have been expended for purposes other than or in amounts in excess of those determined by the Secretary to be necessary for the proper and efficient administration of the Virgin Islands Employment Service, such moneys shall be replaced by moneys appropriated for such purposes from the general funds of the Virgin Islands to the Employment Service Administration Fund for expenditure as provided in section 154 of this title. Upon receipt of notice of such findings by the Secretary of Labor, the Director of the Virgin Islands Employment Security Agency shall promptly report the amount required for such replacement to the Governor and the Governor shall, at the earliest opportunity, submit to the Legislature a request for the appropriation of such amount. History: Amended June 24, 1958, No. 335, § 20, Sess. L. 1958, p. 117; June 25, 1963, No. 1036, § 2, Sess. L. 1963, p. 401.

History: Repealed. June 24, 1987, No. 5265, 1101(c), Sess. L. 1987, p. 89.

(a) No officer or employee who is directly or indirectly engaged in the administration of this chapter shall directly or indirectly coerce, attempt to coerce, command or advise any officer or employee who is appointed pursuant to the requirements and authority of section 153 of this title, to pay, lend, or contribute any part of his salary or compensation or anything else of value to any party, committee, organization, agency, or person for political purposes. No officer or employee who is engaged in the administration of this Service and who is appointed pursuant to the requirements and authority of section 153 of this title shall (1) use his official authority or influence for the purpose of interfering with an election or nomination for office, or affecting the result thereof, or (2) take any active part in political management or in political campaigns. All officers and employees so engaged and appointed shall retain the right to vote as they may choose and to express their opinions on all political subjects and candidates. (b) Any officer or employee violating the provisions of subsection (a) of this section shall be immediately removed from the position or office held by him and shall perform no further duties incidental thereto, and thereafter no funds appropriated by the Virgin Islands Legislature or granted by any agency of the Federal Government for the purposes of this chapter shall be used to pay the compensation of such person. (c) Whoever directly or indirectly coerces, attempts to coerce or commands any officer or employee appointed pursuant to the requirements and authority of section 153 of this title to pay, lend or contribute any part of his salary or compensation or anything of value to any party, committee, organization, agency or person for political purposes, shall be fined not more than $1,000 or imprisoned not more than one year, or both. History: Amended May 16, 1957, No. 160, § 71, Sess. L. 1957, p. 41.

(a) Any employer who desires to import alien workers for employment shall first notify the Virgin Islands Employment Service as to the unavailability of occupationally qualified residents, the number of alien workers required, and the occupational classification of such workers. The Virgin Islands Employment Service shall thereupon investigate the circumstances and shall cause to be advertised throughout the Virgin Islands, by whatever means it shall determine to be feasible, the existence of the vacancies which the employer desires to fill and the prevailing wage rates for each occupation as determined by the Commissioner of Labor. Upon the expiration of ten days after the first advertisement by the Employment Service, the said Service finding that there are no occupationally qualified resident workers available to fill all or some of the vacancies advertised, shall issue a clearance for the employment of nonresident workers for the vacancies for which no qualified resident workers are available. (b) The Virgin Islands Employment Service is authorized to require such agreements or conditions as the payment of wages or benefits to nonresident workers as it shall determine to be necessary and consistent with the policy and purposes of this chapter to be executed by the employer; and any such agreement or conditions agreed to by an employer shall be legally enforceable in the courts of the Virgin Islands, upon action taken by an aggrieved employee or on his behalf by the Commissioner of Labor. (c) The Commissioner of Labor shall, after public notice and hearing, determine the prevailing wage rates for laborers, workmen or other persons in occupations in the Virgin Islands in the occupational categories applicable for the purposes of this section. History: Added Oct. 30, 1961, No. 791, § 4, Sess. L. 1961, p. 239; amended Mar. 17, 1965, No. 1343, § 6, Sess. L. 1965, Pt. I, p. 81.

Upon receipt of a notice of vacancy for which the employer intends to hire an employee which notice was submitted pursuant to section 303b of Title 27 of this Code, the Director of the Employment Security Agency shall cause such notice to be posted in a public manner. History: Added June 20, 1986, No. 5174, § 7, Sess. L. 1986, p. 169.

History: Repealed. Mar. 29, 1974, No. 3547, § 2, Sess. L. 1974, p. 66.

It shall be illegal for any person to engage in contracting for domestic help, workmen or employees whose services are to be used outside of the Virgin Islands, in the United States or in any foreign country, without first securing from the Commissioner of Finance a license to operate as an employment agency in accordance with the provisions of this chapter. History: Amended Mar. 29, 1968, No. 2135, Sess. L. 1968, Pt. I, p. 389.

Any person desiring to operate an employment agency shall make application for a license to the Commissioner of Finance and submit for his approval all contract forms to be used in contracting for the services of persons seeking employment. Such forms after approval can not be altered, changed or amended without the approval of the Commissioner of Finance. History: Amended Mar. 29, 1968, No. 2135, Sess. L. 1968, Pt. I, p. 389.

Upon payment of a license fee of $50, to be deposited in the treasury of the Virgin Islands, and upon approval of the contract forms to be used, the Commissioner of Finance shall issue to the applicant a license to operate an employment agency. History: Amended Mar. 29, 1968, No. 2135, Sess. L. 1968, Pt. I, p. 389; Nov. 7, 1983, No. 4877, § 310(i), Sess. L. 1983, p. 242.

The Commissioner of Finance shall not approve contract forms to be used for the purpose of contracting for labor to be employed outside the Virgin Islands unless the contracts set forth the following provisions: (1) the total payments for the services of the employment agency shall not exceed 10% of the first 3 months' earnings, provided that no more than a total of $50 can be collected from any one person, fifty per cent of which shall be borne by the employer. (2) the employee shall be guaranteed return expenses to the point of departure at any time during the first year of employment if the conditions of employment offered in the employment contract are not adhered to. (3) conditions of employment and wages shall not be inferior in any respect to the minimum conditions of employment and wages offered for similar work in the locality in which the employee contracts to work, and in no case less favorable in any respect than similar conditions in the Virgin Islands. (4) the contract shall contain an accurate description of the work to be performed and all pertinent information concerning the job. The employment agency shall fully explain to the employee all the conditions stipulated in the contract. History: Amended Mar. 29, 1968, No. 2135, Sess. L. 1968, Pt. I, p. 389.

Bonds or other security shall be posted by the employment agency in such amounts as may be required by the Commissioner of Finance from time to time to guarantee the carrying out of the provisions of this chapter. History: Amended Mar. 29, 1968, No. 2135, Sess. L. 1968, Pt. I, p. 389.

Any employee covered by this chapter shall communicate to the Commissioner of Finance any breach of his or her employment contract. The Commissioner of Finance shall immediately investigate the matter and take whatever action he deems necessary to correct or remedy the situation. History: Amended Mar. 29, 1968, No. 2135, Sess. L. 1968, Pt. I, p. 389.

An employment agency contracting the services of workmen or employees outside the Virgin Islands, shall furnish all information or records to the Commissioner of Finance which he requires. History: Amended Mar. 29, 1968, No. 2135, Sess. L. 1968, Pt. I, p. 389.

Contracting for the services of minors under 16 and persons over 60 years of age is absolutely prohibited.

The Commissioner of Finance may suspend or revoke any employment agency license for gross or wilful violation of this chapter. History: Amended Mar. 29, 1968, No. 2135, Sess. L. 1968, Pt. I, p. 389.

Whoever fails to comply with any of the provisions of this chapter shall be fined not more than $500.

When used in this chapter the term, (1) "Apprentice" means a worker at least 16 years of age, except where a higher minimum age standard is otherwise fixed by law, who is employed to learn an apprenticeable occupation, as provided in the regulations authorized to be promulgated pursuant to section 230(g). (2) "Apprentice program" means a plan containing terms and conditions for the qualifications, recruitment, selection, employment and training of apprentices, including such matters as the requirement for a written apprenticeship agreement, as provided in the regulations authorized to be promulgated pursuant to section 230(g) and under title 29 Code of Federal Regulations, Part 30. (3) "Federal Purposes" includes any federal contract, grant, agreement or arrangement dealing with apprenticeship; and any federal, financial or other assistance, benefit, privilege, contribution, allowance, exemption, preference or right pertaining to apprenticeship. (4) "Registration of an apprenticeship program" means the acceptance and recording of such program by the Virgin Islands Department of Labor, as meeting the basic standards and requirements for approval of such programs for Federal Purposes. Approval is evidenced by a Certificate of Registration. (5) "Sponsor" means any person, association, committee, or organization operating an apprenticeship program and in whose name the program is registered and approved. (6) "State" includes the Virgin Islands for Federal Purposes. (7) "State Apprenticeship Agency" means the Virgin Islands Department of Labor which has been properly authorized by the federal Office of Apprenticeship to register and oversee apprenticeship programs and agreements for Federal Purposes, and which has responsibility and accountability for apprenticeship within the Virgin Islands. (8) "State Apprenticeship Council" means the entity established in section 222 to provide advice and guidance on the operation to the Virgin Islands Department of Labor in its roles as State Apprenticeship Agency and as State Registration Agency. History: Amended Oct. 27, 1961, No. 778, § 1, Sess. L. 1961, p. 224; July 31, 1978, No. 4168, Sess. L. 1978, p. 165; amended Sept. 11, 2012, No. 7405, § 1(a), Sess. L. 2012, p. 260-261; amended July 9, 2018, No. 8063, § 1(a)(1)-(5), Sess. L. 2018, p. 120.

The State Apprenticeship Council is established in the Department of Labor and is composed of nine members appointed by the Commissioner of Labor. Of the nine members appointed, two members must be selected from the Virgin Islands Department of Labor, one of whom must be the Department's legal counsel; two members must be selected from the Virgin Islands Board of Career and Technical Education. Of the private-sector members, two must be persons who represent the interests of workers; two must be persons who represent the interests of employers, and one must be a person who is familiar with apprenticeable occupations. History: Amended Oct. 27, 1961, No. 778, § 1, Sess. L. 1961, p. 224; Feb. 16, 1962, No. 815, Sess. L. 1962, p. 42; Mar. 17, 1965, No. 1343, § 6, Sess. L. 1965, Pt. I, p. 81; amended Sept. 11, 2012, No. 7405, § 1(b), Sess. L. 2012, p. 261.

(a) Public-sector members shall serve for the duration of their term of office. (b) Private-sector members shall serve a term of three years. However, the initial two persons appointed who represent the interests of workers shall serve an initial term of three years. The initial two persons appointed who represent the interest of employers shall serve an initial term of three years. The initial person appointed for the person's knowledge of apprenticeable occupations shall serve an initial term of two years. History: Amended Oct. 27, 1961, No. 778, § 1, Sess. L. 1961, p. 224; Feb. 16, 1962, No. 815, Sess. L. 1962, p. 42; amended Sept. 11, 2012, No. 7405, § 1(c), Sess. L. 2012, p. 261-262.

Any member appointed to fill a vacancy occurring before the expiration of the term of his predecessor, shall be appointed for the unexpired portion of said term, and shall hold office until his successor has been appointed and has qualified. History: Amended Oct. 27, 1961, No. 778, § 1, Sess. L. 1961, p. 224.

The Council shall annually elect a Chairman and a Secretary from among its membership. The Council shall meet as frequently as considered necessary by a majority of the membership. The Secretary shall notify each Council member at least one week in advance of each meeting. A majority of the membership of the Council shall constitute a quorum provided that each group has at least one representative present. History: Amended Oct. 27, 1961, No. 778, § 1, Sess. L. 1961, p. 224.

History: Repealed. Sept. 11, 2012, No. 7405, § 2, Sess. L. 2012, p. 267.

The Commissioner of Labor may at any time remove any member of the State Apprenticeship Council for cause. Such members as may have been appointed by reason of their official positions in the Government shall cease to be members of the Council upon ceasing in their official positions. History: Amended Oct. 27, 1961, No. 778, § 1, Sess. L. 1961, p. 224; amended Sept. 11, 2012, No. 7405, § 1(c), Sess. L. 2012, p. 261-262.

(a) The State Apprenticeship Council, at the direction of the Department of Labor, shall assist in the development of procedures and policies for the promotion of apprenticeship in the Virgin Islands, and to that end it shall seek the advice of employers, employees and such other groups, both public and private, as it may deem advisable. The State Apprenticeship Council shall provide advice and guidance to the Department of Labor in the establishment of standards of apprenticeship in trades and apprenticeable occupations suitable to the economy and conditions in the Islands, and shall develop such programs and agreements as may be necessary to carry out the intent and purpose of this chapter. The standards developed by the Council for registration of apprenticeship programs must at a minimum require apprentice programs to have an organized, written plan or program standards, embodying the terms and conditions of employment, training, and supervision of one or more apprentices in an apprenticeable occupation, as defined in section 230(a)(6), and subscribed to by a sponsor who has undertaken to carry out the apprentice training program. The program standards developed by the Council must contain provisions that address: (1) The employment and training of the apprentice in a skilled occupation; (2) The term of apprenticeship, which for an individual apprentice may be measured either through the completion of the industry standard for on-the-job learning, at least 2,000 hours, known as "the time-based approach", the attainment of competency, known as "the competency-based approach", or a blend of the time-based and competency-based approaches, known as "the hybrid approach"; (3) An outline of the work processes in which the apprentice will receive supervised work experience and training on the job, and the allocation of the approximate amount of time to be spent in each major process; (4) Provision for organized, related instruction in technical subjects related to the occupation and the qualifications of apprenticeship instructors; (5) A progressively increasing schedule of wages to be paid to the apprentice consistent with the skill acquired, with the entry wage not less than the minimum wage prescribed by the Fair Labor Standards Act, where applicable, unless a higher wage is required by other applicable federal law,Fair Labor Standards Active regulations, or by collective bargaining agreement; (6) Periodic review and evaluation of the apprentice's performance on the job and in related instruction; and the maintenance of appropriate progress records; (7) A numeric ratio of apprentices to journey workers consistent with proper supervision, training, safety, and continuity of employment, and applicable provisions in collective bargaining agreements, if not prohibited; (8) A probationary period reasonable in relation to the full apprenticeship term, not exceeding 25 percent of the length of the program, or one year, whichever is shorter, with full credit given for such period toward completion of apprenticeship; (9) Adequate and safe equipment and facilities for training and supervision, and safety training for apprentices on the job and in related instruction; (10) The minimum qualifications required by a sponsor for persons entering the apprenticeship program, with an eligible starting age not less than 16 years; (11) The placement of an apprentice under a written Apprenticeship Agreement that meets the requirements of this chapter and incorporates the standards of the program as part of the agreement; (12) Assurance of qualified training personnel and adequate supervision on the job; (13) Recognition for successful completion of apprenticeship, as evidenced by an appropriate certificate issued by the State Apprenticeship Agency; (14) Provision for the registration, cancellation and deregistration of the program; and for the prompt submission of any program standard modification or amendment to the State Apprenticeship Agency for approval; (15) Provision for registration of apprenticeship agreements, modifications, and amendments; notice to the State Apprenticeship Agency of persons who have successfully completed apprenticeship programs; and notice of transfers, suspensions, and cancellations of apprenticeship agreements and a statement of the reasons their cancellation. (16) Authority for the cancellation of an apprenticeship agreement during the probationary period by either party without stated cause; cancellation during the probationary period will not have an adverse impact on the sponsor's completion rate; (17) Compliance with 29 CFR 29 CFR part 30ng the equal opportunity pledge prescribed in 29 CFR30.3(b); an affirmative action plan complying with 29 CFR30.4; and a method for the selection of apprentices authorized by 29 CFR30.5; and (18) All other provisions required for Federal Purposes and for purposes of this chapter. (b) The State Apprenticeship Council shall coordinate its functions or activities for the purposes of this chapter, with other governmental agencies, officials and organizations in any manner connected with apprenticeship in the Virgin Islands; but agencies, officials and organizations are hereby empowered and obliged to coordinate functions and activities for the apprenticeship program. (c) [Deleted]. (d) [Deleted]. (e) [Deleted]. (f) [Deleted]. (g) [Deleted]. (h) The Council shall give policy guidance to the Apprenticeship Division in the performance of its functions under the provisions of this chapter, and hear and decide upon any apprenticeship or case brought to it for consideration. The Council shall report annually to the Governor on its progress and accomplishments. (i) [Deleted]. History: Added Oct. 27, 1961, No. 778, § 1, Sess. L. 1961, p. 224; amended Mar. 27, 1974, No. 3545, § 5, Sess. L. 1974, p. 60; Nov. 14, 1977, No. 4069, § 1, Sess. L. 1977, p. 273; amended Sept. 11, 2012, No. 7405, § 1(d)(1)-(4), Sess. L. 2012, p. 262; amended July 9, 2018, No. 8063, § 1(b)(1)-(3), Sess. L. 2018, p. 120, 121.

An Apprenticeship Division is hereby created in the Department of Labor. The Governor shall appoint, subject to the laws and regulations applicable to such appointments, the personnel necessary for the operation of the Division. History: Added Oct. 27, 1961, No. 778, § 1, Sess. L. 1961, p. 224; amended Mar. 17, 1965, No. 1343, § 6, Sess. L. 1965, Pt. I, p. 81; amended Sept. 11, 2012, No. 7405, § 1(e), Sess. L. 2012, p. 264.

(a) The Commissioner of Labor shall administer this chapter with the advice and guidance of the State Apprenticeship Council. The Commissioner shall: (1) Promote the development of apprenticeship programs and the execution of appropriate agreements; including: (2) Registering, and determining eligibility for registration of apprenticeship programs in conformity with the apprenticeship program standards published in 29 C.F.R. Part 29 and this chapter; (3) Providing29 C.F.R. Part 29tion and deregistering of apprenticeship programs, and for temporary suspension, cancellation, and deregistration of apprenticeship agreements; (4) Providing sufficient resources to carry out the functions of a Registration Agency, including: Outreach and education; registration of programs and apprentices; provision of technical assistance, and monitoring as required to fulfill the requirements of this chapter; (5) Implementing policies and procedures to promote equality of opportunity in apprenticeship programs pursuant to a State Plan for Equal Employment Opportunity in Apprenticeship which adopts and implements the requirements of 29 CFR part 30, and to require appre29 CFR part 30rams to operate in conformity with such State Plan and 29 CFR part 30 ; (6) Prescr29 CFR part 30ents of apprenticeship agreements, and ensuring that the apprenticeship agreement contains at a minimum: (A) Names and signatures of the contracting parties (apprentice, and the program sponsor or employer), and the signature of a parent or guardian if the apprentice is a minor. (B) The date of birth and, on a voluntary basis, Social Security number of the apprentice; (C) Contact information of the Program Sponsor and State Apprenticeship Agency; (D) A statement of the occupation in which the apprentice is to be trained, and the beginning date and term of apprenticeship; (E) A statement showing: (i) The number of hours to be spent by the apprentice in work on the job in a time-based program; or a description of the skill sets to be attained by completion of a competency- based program, including the on-the-job learning component; or the minimum number of hours to be spent by the apprentice and a description of the skill sets to be attained by completion of a hybrid program; and (ii) The number of hours to be spent in related instruction in technical subjects related to the occupation, not less than 144 hours per year, (F) A statement setting forth a schedule of the work processes in the occupation or industry divisions in which the apprentice is to be trained and the approximate time to be spent at each process; (G) A statement of the graduated scale of wages to be paid to the apprentice and whether or not the required related instruction is compensated; (H) Statements providing: (i) for a specific period of probation during which the apprenticeship agreement may be cancelled by either party to the agreement upon written notice to the State Apprenticeship Agency, without adverse impact on the sponsor; (ii) that, after the probationary period, the agreement may be: (a) Cancelled at the request of the apprentice, or (b) Suspended or cancelled by the sponsor, for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action, and with written notice to the apprentice and to the State Apprenticeship Agency of the final action taken. (I) A reference incorporating as part of the agreement the standards of the apprenticeship program as they exist on the date of the agreement and as they may be amended during the period of the agreement; (J) A statement that the apprentice will be accorded equal opportunity in all phases of apprenticeship employment and training, without discrimination because of race, color, religion, national origin, or sex; and (K) Contact information, including name, address, phone, and e-mail if, appropriate, of the appropriate authority designated under the program to receive, process and make disposition of controversies or differences arising out of the apprenticeship agreement when the controversies or differences cannot be adjusted locally or resolved in accordance with the established procedure or applicable collective bargaining provisions. (7) Ensuring that the registration of apprenticeship programs occurs only in apprenticeable occupations as provided in the regulations to be promulgated pursuant to subsection (g), including occupations in high growth and high demand industries. For purposes this chapter, an apprenticeable occupation is one which is specified by industry and which must: (A) Involve skills that are customarily learned in a practical way through a structured, systematic program of on-the-job supervised learning; (B) Be clearly identified and commonly recognized throughout an industry; (C) Involve the progressive attainment of manual, mechanical or technical skills and knowledge which, in accordance with the industry standard for the occupation, would require the completion of at least 2,000 hours of on-the-job learning to attain; and (D) Require related instruction to supplement the on-the-job learning; (8) Reviewing all programs for quality and for conformity with the requirements of this chapter; and (9) Performing all other acts necessary to carry out the purposes of this chapter. (b) provide staff assistance to the Council; (c) make surveys and studies of occupational and trade trends in the various industries; (d) [Deleted]. (e) monitor as required to fulfill the requirements of this chapter. (f) [Deleted]. (g) The Commissioner of Labor shall promulgate regulations necessary for the administration and enforcement of this chapter. In consultation with the Department of Property and Procurement, the United States Department of Labor Office of Apprenticeship, semi-autonomous agencies, and the procurement divisions of the legislative and judicial branches of the Government, the Commissioner shall also ensure that regulations are promulgated that are designed to ensure that all contracts executed between private firms and the Government of the Virgin Islands contain provisions requiring apprentices to be hired by the contracting firm or any of its subcontractors for all occupations for which standards have been established, and the priority for hiring apprentices be given to veterans of the Armed Forces of the United States. History: Added Oct. 27, 1961, No. 778, § 1, Sess. L. 1961, p. 224; amended Mar. 17, 1965, No. 1343, § 6, Sess. L. 1965, Pt. I, p. 81; Mar. 27, 1974, No. 3545, § 2, Sess. L. 1974, p. 59; amended Sept. 11, 2012, No. 7405, § 1(f)(1)-(3), Sess. L. 2012, p. 264-265; amended July 9, 2018, No. 8063, § 1(c)(1)- (5), Sess. L. 2018, p. 121; amended July 20, 2019, No. 8184, § 5, Sess. L. 2019, p. 26.

Funds necessary for carrying out the provisions of this chapter shall be provided for by the Legislature of the Virgin Islands, out of any available funds in the Treasury of the Virgin Islands, in the annual budget for the operation of the Government of the Virgin Islands. History: Added Oct. 27, 1961, No. 778, § 1, Sess. L. 1961, p. 224.

History: Repealed. Sept. 11, 2012, No. 7405, § 2, Sess. L. 2012, p. 267.

History: Repealed. Sept. 11, 2012, No. 7405, § 2, Sess. L. 2012, p. 267.

Nothing contained in this chapter or in any rules and regulations or apprenticeship agreements approved hereunder, shall operate to invalidate any provision on apprenticeship contained in any collective report, award, or working contract between employers and workmen, establishing improved apprenticeship standards. History: Added Oct. 27, 1961, No. 778, § 1, Sess. L. 1961, p. 224.

(a) The Legislature of the Virgin Islands hereby finds and declares that the inability of common-law rights and remedies in redressing injuries received by workers has given rise to the need for Worker's Compensation legislation that will afford expeditious compensation to employees or their dependents without regard to fault or negligence of employer or employee. (b) The Legislature also finds that the current Organizational structure and bureaucratic processes of the Government of Virgin Islands: (1) makes the Division of Workmen's Compensation too dependent on the performance of other officials and agencies; (2) causes an inordinate delay in the resolution of a significant number of Workers' Compensation claims; (3) prolongs the economic hardship on claimants that the law was created to prevent. (c) The newly enacted legislation in this chapter by this act is hereby declared to be necessary in the public interest to expeditiously compensate injury or disease which arises out of and in the course of employment without regard to the negligence of the employee or employer. History: Added Oct. 13, 1994, No. 6033, § 1(a), Sess. L. 1994, p. 254.

(a) As used in this chapter- "Commissioner" means the Commissioner of Labor. "Employee" means any person, including a minor, employed under any appointment or contract, express or implied, oral or written, or in the service of any employer. "Employer" means the Government of the Virgin Islands, all public and quasi-public corporations, any person or body of persons whether incorporated or not, any partnership or association, contractors and subcontractors. "Injury" means any harmful change in the human organism arising out of and in the course of employment, including damage to or loss of a prosthetic appliance, but does not include any communicable disease unless the risk of contracting such disease is increased by the nature of the employment. "Death" means death resulting from an injury. "Disability" means, except for purposes of Scheduled Income Benefits, a decrease of wage earning capacity due to injury. Wage earning capacity prior to injury shall be the employee's average weekly wage. Wage earning capacity after the injury shall be presumed to be actual earnings after the injury. This presumption may be overcome by showing that these earnings after injury do not fairly and reasonably represent wage earning capacity, and in such cases, wage earning capacity shall be determined in the light of all factors and circumstances in the case which may affect the injured worker's capacity to earn wages. "Medical Services" means medical, surgical, dental, hospital, nursing and medical rehabilitation services. "Wages" means, in addition to money payments for services rendered, the reasonable value of board, rent, housing, lodging, fuel or similar advantage received from the employer, and gratuities received in the course of employment from other than the employer. "Alien" means a person who is not a citizen, a national or a resident of the United States. Any person not a citizen or national of the United States who relinquishes or is about to relinquish his residence in the United States shall be regarded as an alien. "Income benefits" means compensation for temporary total or partial disability. "Scheduled income benefits" means compensation for permanent partial disability. "Continuous income benefits" means compensation for permanent total disability. "Rehabilitation income benefits" means compensation during the time an employee is undergoing vocational rehabilitation. "Average weekly wage" means the average weekly wage in the Virgin Islands as determined by the Commissioner as follows: On or before June 1st of each year, the total wages reported on contribution reports to the Employment Security Agency for the preceding calendar year shall be divided by the average monthly number of insured workers. The average annual wage thus obtained shall be divided by 52 and the average weekly wage thus determined rounded to the next highest dollar. The average weekly wage as so determined shall be applicable for the full period during which income benefits are payable, when the date of occurrence of injury or of disablement in the case of disease, falls within the calendar year commencing January 1, following the June 1st determination. "Administrator" means the person appointed by the board to run the day to day affairs of the Workers' Compensation Administration. "Administrative LawAdministrative Lawwho presides at an administrative hearing pertaining to Workers' Compensation claims, with power to administer oaths, take testimony, rule on questions of evidence, regulate the course of proceedings, and make determinations of fact. "Director" means a person appointed by the Commissioner of Labor to administer the operations of the Workers Compensation Administration. "Waiting Period" means the time that must pass before disability benefits can be paid to an employee who has sustained a personal injury or occupational disease arising out of and in the course of employment. The waiting period is counted as consecutive business days, not calendar days. The date of the injury triggers the start of the waiting period. (b) This chapter shall be applicable to all employers who employ one or more employees affected by this chapter, whatever their wages may be, except that- (1) in administering this section in the case of employers not normally affected by this chapter, temporary employment outside the usual course of the employer's business shall be considered on its own footing, without regard to the regular employment rolls of the employer; and (2) if such temporary employment is affected by this chapter, it shall not cause to be affected the regular employment not usually affected. (c) The following employees are exempt from the coverage of this chapter: (1) Any person employed as a domestic servant in a private home. (2) Any person employed, for not exceeding 10 consecutive work days, to do maintenance, repair, remodeling, or similar work in or about the private home of the employer, or, if the employer has no other employees subject to this act, in or about the premises where such employer carries on his trade, business or profession. (3) Any person performing services in return for aid or sustenance only, received from any religious or charitable organization. (4) Any person for whom a rule of liability for injury or death is provided by the laws of the United States. (d) Contractors shall be liable for reimbursement to the Workers' Compensation Trust Fund for benefits given under this chapter to all employees of their uninsured subcontractors during such time as the employee is actually doing work for the benefit of the contractor. (e) By consent, both of employer and employees concerned, and under regulations to be prescribed by the Commissioner, an employer and his employee or employees exempt under this chapter may elect to accept the terms and conditions hereof. Employers and employees making such election shall be entitled to all rights and privileges of and shall be subject to all obligations imposed by this chapter. Individual proprietors and members of partnerships may also elect to be covered under this chapter under regulations to be prescribed by the Commissioner. (f) (1) The provisions of this chapter shall apply to all accidents occurring within the Virgin Islands and to accidents occurring to employees of the Government of the Virgin Islands who are engaged in duly authorized business of the Government outside the Virgin Islands. (2) If an employee, while working outside the territorial limits of the Virgin Islands, suffers an injury on account of which he, or in the event of his death, his dependents would have been entitled to the benefits provided by this chapter had such injury occurred within the Virgin Islands, such employee, or in the event of his death resulting from such injury, his dependents, shall be entitled to the benefits provided by this chapter, provided, that at the time of such injury (A) his employment is principally localized in the Virgin Islands, or (B) he is working under a contract of hire made in the Virgin Islands in employment not principally localized in any state, or (C) he is working under a contract of hire made in the Virgin Islands in employment principally localized in another state whose workman's compensation is not applicable to his employer, or (D) he is working under a contract of hire made in the Virgin Islands for employment outside of the United States, for the first 90 days of such employment. (3) The payment or award of benefits under the Workmen's Compensation law of another state, territory, province or foreign nation to an employee or his dependents otherwise entitled on account of such injury or death to the benefits of this chapter shall not be a bar to a claim for benefits under this chapter; provided that a claim under this act is filed within two years after such injury or death. If compensation is paid or awarded under this chapter: (A) The medical and related benefits furnished or paid for by the employer under such other Workmen's Compensation law on account of such injury or death shall be credited against the medical and related benefits to which the employee would have been entitled under this chapter had claim been made solely under this chapter; (B) The total amount of all income benefits paid or awarded the employee under such other Workmen's Compensation law shall be credited against the total amount of income benefits which would have been due the employee under this chapter, had claim been made solely under this chapter; (C) The total amount of death benefits paid or awarded under such other Workmen's Compensation law shall be credited against the total amount of death benefits due under this chapter. A person's employment is principally localized in this or another state when (A) his employer has a place of business in this or such other state and he regularly works at or from such place of business, or (B), if clause (A) of the foregoing is not applicable, he is domiciled and spends a substantial part of his working time in the service of his employer in this or such other state. An employee whose duties require him to travel regularly in the service of his employer in this and one or more other states may, by written agreement with his employer, provide that his employment is principally localized in this or another state, and unless such other state refuses jurisdiction, such agreement shall be given effect under this chapter. "Workmen's Compensation law" includes "occupational disease law". History: Amended Mar. 5, 1965, No. 1323, §§ 1, 2, Sess. L. 1965, Pt. I, p. 39; Mar. 17, 1965, No. 1343, § 6, Sess. L. 1965, Pt. I, p. 81; June 3, 1970, No. 2733, § 1, Sess. L. 1970, p. 137; Oct. 17, 1978, No. 4217, § 1(a), Sess. L. 1978, p. 237; Oct. 13, 1994, No. 6033, § 1(b), (g), Sess. L. 1994, pp. 239; amended Aug. 9, 2024, No. 8859, § 1(d), Sess. L. 2024, p. -.

History: Repealed. Aug. 9, 2024, No. 8859, § 1(e), Sess. L. 2024, p. -.

In addition to the duties as provided in this chapter, the Commissioner of Labor shall have the following powers and duties: (a) be a policy making body for the administrator of the Insurance Fund; (b) appoint the Director of the Workers' Compensation Administration; (c) to determine the salary of the Director of the WCA; (d) the Commissioner of Labor shall hear appeals of decisions rendered by the administrative law judge; (e) to hold meetings as may be necessary to carry out its functions in any district as needed; (f) consider and adopt rules regulations governing the WCA and the Fund in order to effectuate the intents and purposes of the system; (g) report to the Governor and the Legislature annually on the activities of the WCA and the Fund, showing among other things, the number of injuries; the cost of claims and Fund balances; (h) as an appeal body, the Commissioner of Labor is empowered to open, modify, terminate or reinstate awards, taking into account increased disability, restoration or earning power, aggravation of original injury, or any significant change which would justify a change in an award; and (i) administer the Workers' Compensation Trust Fund including the following: (1) protect the solvency of the Workers' Compensation Trust Fund by conducting actuarial studies; determining premium rates in accordance with the costs of administration and payment of claims; (2) pay claims issued by the Commissioner of Labor; (3) through the use of technology, plan and improve the payment of claims; (4) maintain accounts of income, expenditures, and balances; (5) manage the staff of the Workers' Compensation Trust Fund; (6) prepare the budget of the Workers' Compensation Trust Fund; (7) certify documents; (8) collect interest on the Workers' Compensation Trust Fund for the benefit of the Fund; and (9) perform other duties related to the management of the Workers' Compensation Trust Fund.; (j) nothing in this chapter shall be construed as exempting the Commissioner of Labor from any law made specifically applicable to independent instrumentalities of the Government of the Virgin Islands. History: Added Oct. 13, 1994, No. 6033, § 1(d), Sess. L. 1994, p. 241; amended Aug. 9, 2024, No. 8859, § 1(f), Sess. L. 2024, p. -.

(a) The Director of the WCA, appointed pursuant to section 251b(b) of this chapter, shall have a minimum of three (3) years of experience and training in Workers' Compensation law and current issues. (b) The Director shall be responsible for executing and upholding the policies, directives, rules and regulations promulgated by the Commissioner of Labor and the Laws of the Virgin Islands pertaining to Workers' Compensation. (c) The Director shall prescribe rules and regulations for the purpose of conducting continuing education seminars at least bi-annually for all personnel associated with Workers' Compensation claims, subject to the approval of the Commissioner of Labor. (d) The Director shall file a complete and detailed written report accounting for all funds disbursed during the preceding fiscal year with the Commissioner of Labor. The Commissioner of Labor shall annually submit the report to the Governor and the Legislature. (e) The Director, with the approval of the Commissioner of Labor, shall appoint appropriate advisory committees on Workers' Compensation matters, including an advisory committee consisting of three (3) members who are medical practitioners in the Virgin Islands, one of whom shall be a chiropractor, and who shall be selected by the Director from nominations submitted from the Virgin Islands Board of Medical Examiners; an advisory committee consisting of three (3) members who are dental practitioners in the Virgin Islands, and who shall be selected by the Director from nominations submitted from the Virgin Islands Board of Dental Examiners; and an advisory committee consisting of three members who are active in the field of mental health in the Virgin Islands and who shall be selected by the Director from nominations submitted by the Virgin Islands Division of Mental Health, Alcoholism and Drug Dependency Services. Provided, however, that none of the members selected to serve on the advisory committees shall have a direct or indirect interest in the rate of reimbursement or payment of medical, dental, chiropractic, mental illness or other related costs by the Workers' Compensation Administration. (f) The three advisory committees provided for herein shall advise the Director and make recommendations to ascertain the prevailing rate of reimbursement or payment of medical, dental and chiropractic costs in the Virgin Islands. (g) The three advisory committees shall make recommendations to the Director with regard to the implementation of all rules and regulations pertaining to medical, dental, chiropractic, mental illness or other related evaluations and shall propose a review process by a group of peers in the associated field when such evaluations are in dispute. (h) The three advisory committees shall advise and guide the administrator in determining all rules and regulations required to accomplish the goals of ensuring quality care, the control of costs and a speedy settlement of claims. (i) The administrator shall administer the business of the agency and be responsible for its proper operation, subject to the orders, resolutions and directives of the Commissioner of Labor. The administrator may employ such clerical, professional and technical support services as the Commissioner of Labor may determine is necessary for the proper operation of the agency. (j) The Director of the Workers' Compensation Administration shall have, in addition to the foregoing authority, the following duties and powers: (1) establish offices for the Workers' Compensation Administration and provide for a complete and adequate system of accounts and records as may be required for the effectuation of the provisions of this chapter; (2) with the advice of a technical advisor, develop a system for the expeditious resolution of claims; (3) attend the meetings of the Commissioner of Labor and carry out the resolutions and directives of the Commissioner of Labor; (4) certify payments to be made in accordance with this chapter; (5) render an accounting of the Commissioner of Labor of all monies received and expended according to the law and the rules and regulations in force; (6) formulate rules and regulations to govern the operation of the agency for presentation to the Commissioner of Labor for its approval and subsequent promulgation; (7) make recommendations to the Commissioner of Labor on any change or revision of this chapter; (8) prepare the annual report on the operations of the administration and submit the same to the Commissioner of Labor for its approval and to the Governor and the Legislature for their information; (9) with actuarial assistance, develop a schedule of fees and other charges for medical services which shall be subject to the approval of the Commissioner of Labor. (10) take all necessary steps to facilitate resolution of Workers' Compensation claims; (11) develop and implement a system of transmittal of documents and payment of checks from one district to another by electronic means and in order to expeditiously carry out the prompt payment of benefits as stipulated by this chapter; (12) render any reports to the Commissioner of Labor that it may request in connection with any matter relative to the operations of the chapter. (13) review title 24,title 24 1chapter 11 recommendations for amendments every five years; and (14) establish, in partnership with the local medical community, a fee schedule for the payment of medical procedures that must be implemented not later than 60 days after it has been established. History: Added Oct. 13, 1994, No. 6033, § 1(e), Sess. L. 1994, p. 242; amended Aug. 9, 2024, No. 8859, § 1(g), Sess. L. 2024, p. -.

History: Repealed. Aug. 9, 2024, No. 8859, § 1(h), Sess. L. 2024, p. -.

The Workers' Compensation Administration shall prescribe the form and format for the collection and dissemination of information and data as the Administration of this chapter requires. Provided, however, that in the event the proper format requires the submission of a complete paper document, the administration shall have distributed such blank forms, including forms of notice and claims and forms for processing injury, death, medical, or other attendance or treatment, employment or wage earning as necessary. History: Added Oct. 13, 1994, No. 6033, § 1(g), Sess. L. 1994, p. 245.

Disease (a) Every employer shall pay compensation as hereinafter specified for the disability or death of an employee resulting from a personal injury or occupational disease arising out of and in the course of his employment, irrespective of fault as a cause of the injury or death. There will be a five-day waiting period before disability benefits may be paid. If an employee is found eligible for payment on the 15th day, the compensation is retroactive to the first full day of disability. Compensation shall begin on the first full day of disability, except that compensation for medical attendance provided for at section 254(a) of this chapter shall begin at the time of injury. No compensation shall be paid if the injury or death is caused solely by the willful misconduct of the employee or by the willful intention of the employee to injure or kill himself or another or by the intoxication of the employee, in which case, the burden of proof shall be on the employer to show that the injury was so caused. Injuries resulting from travel to and from home immediately before or after working hours and injuries resulting from travel to and from an eating place during an authorized break period shall be considered as arising out of and in the course of employment, provided that such travel is by a reasonably direct route. (b) Pleuro-pneumonic injuries of a tuberculous origin acquired during the course of employment and as a consequence thereof, by workers who come in contact with said disease in sanatoriums, government hospitals, or entities or private places where patients suffering from pulmonary tuberculosis are treated, shall be regarded as compensable, and shall be entitled to compensation; Provided, That every person shall, before his employment begins, or if already employed and undergone with negative results, submit to the examinations hereinafter described, and which shall be performed by the Department of Health: a general physical examination, a fluoroscopic and radiographic examination of the thorax, three examinations of concentrated sputa at intervals of one week, and any other examination which in the judgment of the Director may be necessary to make for the purpose of investigating the Koch bacillus; Provided, likewise, That the period for incubation of said disease shall no be less than ninety days; Provided, further, That persons thus employed in the above-mentioned institutions and places shall report for the examinations hereinbefore set forth at lease once each year; during the term of their employment; and they are likewise required to submit to said examinations when their employment in the occupations herein listed become terminated; Provided, finally, That if the examinations made to persons leaving the occupation herein referred to are negative, they shall have no right to compensation unless the disease develops within ninety day following the date of the termination of their employment in the aforesaid occupations. The Department of Health shall be responsible under this chapter to perform the examinations determined herein without cost whatever to the person or persons undergoing same, and to file with the Director a certified copy of the reports in each case. History: Amended Mar. 5, 1965, No. 1323, §§ 3, 4, Sess. L. 1965, Pt. I, p. 40; Mar. 17, 1965, No. 1343, § 6, Sess. L. 1965, Pt. I, p. 72; Apr. 23, 1968, No. 2177, § 1, Pt. I, p. 457; June 3, 1970, No. 2733, § 2, Sess. L. 1970, p. 140; Oct. 13, 1994, No. 6033, § 2(b), Sess. L. 1994, p. 254; amended Aug. 9, 2024, No. 8859, § 1(i), Sess. L. 2024, p. -.

(a) Except as otherwise provided in subsection (b) of this section, wages, for all purposes of this chapter, shall be determined on the basis of earnings of the worker, at the time of injury, from the employer liable to pay compensation, except that, in the case of employees whose tenure at the time of injury was less than one month, the weekly wages of such employees shall be determined by the Administrator on the basis of weekly wages for permanent employment of similar character. Special overtime rates shall not be taken into account unless earned regularly over a period of two months immediately preceding the accident. Compensation for any fractional portion of a week shall be computed on the basis of the working days involved. (b) In the case of part-time workers or workers holding jobs with two or more employers wages, for the purpose of computation of benefits only, shall be the greater of (1) the weekly wages for permanent full- time employment of similar character or (2) the actual total wages received from all of the worker's employers legally required to be insured. History: Amended April 23, 1968, No. 2177, § 2(a), (b), Sess. L. 1968, Pt. I, p. 457.

Every employee who suffers an injury or death under the conditions specified in this chapter shall be entitled to: (a) [Deleted.] (b) [Deleted.] (c) [Deleted.] (d) [Deleted.] (e) [Redesignated.] (f) The four (4) year limitation periods specified in subsections (c) and (d) of this section may not affect the eligibility of a person for compensation thereunder in any case where compensable disability to such person results from a recurring injury for which any benefits under this section have previously been received. History: Amended Dec. 17, 1958, No. 277, § 1, Sess. L. 1958, p. 172; May 25, 1960, No. 564, Sess. L. 1960, p. 67; June 16, 1960, No. 624, §§ 1-5, Sess. L. 1960, p. 147; Feb. 17, 1965, No. 1297, § 2, Sess. L. 1965, Pt. I, p. 18; Mar. 5, 1965, No. 1323, §§ 5-13, Sess. L. 1965, Pt. I, pp. 40-42; Apr. 23, 1968, No. 2177, § 3(a)- (e), Sess. L. 1968, Pt. I, p. 458; June 3, 1970, No. 2733, § 3, Sess. L. 1970, p. 140.

(a) For any injury covered by this chapter, and the employee shall be entitled to all medical services, including chiropractic, optometric and dental services, appliances, supplies and transportation which are required by the nature of his injury and which will relieve pain and promote and hasten his restoration to health and employment. This includes such services, appliances and supplies and necessary replacements or repairs of such appliances unless the need for such replacements or repair is due to lack of proper care by the employee. In addition to the income benefits otherwise payable, the employee, who is entitled to income benefits shall be paid an additional sum as for a medical benefit of not more than $200 weekly, as may be deemed necessary, when the service of an attendant is necessary constantly to be used by reason of the employee's being totally blind or having lost both hands or both feet or the use thereof being paralyzed and unable to walk, or by reason of other disability resulting from the injury actually rendering him so helpless as to require the constant attendance. An employee shall have the right to select the medical or chiropractic physician or dentist of his choice, however, the Director shall have the authority to determine the necessity, character and sufficiency of any medical services furnished or to be furnished and shall have authority to order a change of practitioner, hospital or rehabilitation facility when in his judgment such change is desirable or necessary. (b) All practitioners attending injured employees shall comply with any rules and regulations adopted by the Director and shall make such reports as may be required by him at any and such times as required by him upon the condition or treatment of any injured employee, or upon any other matters concerning cases in which they are employed. Generally all medical information relevant to the particular injury shall, on demand, be made available to the employer, employee, fund, and the Director. No relevant information developed in connection with treatment or examination which compensation is sought shall be considered a privileged communication. When a physician willfully fails to make any report required of him under this section the Director may in his discretion order the forfeiture of his right to all or part of payments due for services rendered in connection with the particular case. (c) If the employee unreasonably refuses to submit to medical examination or treatment, the Director shall, by order, suspend the payment of further compensation and his right to further proceedings during such time as such refusal continues. (d) Whenever the Director deems it necessary, in order to assist him in resolving any issue of medical fact or opinion he shall cause such employee to be examined by a physician or physicians selected by the Director and obtain from such physician or physicians a report upon the condition or matter which is the subject of injury. (e) All fees and other charges for medical services shall not be higher than such charges as prevail in the Virgin Islands for similar services to injured persons and shall be subject to approval by the Director. (f) An employee shall be entitled to a maximum of $75,000 in benefits under this section, except that in cases determined by the Director to require specialized medical attendance in institutions outside of the Virgin Islands, the maximum allowable benefit shall be $200,000. However, an employee classified pursuant to section 371 of this title, as a member of any Class III bargaining unit that consists of police officers, corrections officers, firefighters, prison guards, or other persons employed in similar positions to protect the public safety and welfare or protect the property of a public employer, who is injured in the line of duty, is entitled to a maximum allowable benefit of $750,000, of which the first $250,000 must be covered by the Workers' Compensation Fund. Thereafter, the health care bills must be paid first by claimant's primary insurance carrier and second by the Workers' Compensation Fund up to the maximum allowable benefit of $750,000. For purposes of this subsection "injured in the line of duty" means the employee sustained an injury during the active performance and actual discharge of the duties of the position. (g) Any bill for medical or hospitalization expenses which is submitted more than 30 days after a written request from the Director for such billing shall be uncollectible, from both the claimant and the Workers' Compensations Trust Fund, provided that in the case of a private physician, the Director may, for good cause, permit a reasonable extension of this time. (h) An employee who receives his initial treatment for a compensable injury in the out-patient or emergency ward at a Government facility shall be considered a public patient and billing for his care shall be made accordingly until such time as the employee designates a private physician in writing. (i) A physician employed by the Virgin Islands Government may not charge for services rendered a claimant which are rendered during the time that the claimant is a public patient or during such time that the physician is performing his duties for the Government. No physician shall charge for the use of any facilities or for materials furnished by the Virgin Islands Government. (j) There is a four-year statute of limitations on medical care. If there has been no activity in a case for four consecutive years, the case will be closed. (k) If there has been no activity on a claim for six months, that claim is inactive. The injured worker must submit a medical report for the Director's consideration in determining if the case will return to active status. A claim may remain inactive for not more than four years. History: Added June 3, 1970, No. 2733, § 3, Sess. L. 1970, p. 140; amended Oct. 17, 1978, No. 4217, § 1(b), Sess. L. 1978, p. 238; Dec. 14, 1989, No. 5493, Sess. L. 1989, p. 160; Jan. 7, 1992, No. 5824, § 31, Sess. L. 1992, p. 182; Oct. 13, 1994, No. 6033, § 1(h), Sess. L. 1994, p. 245; amended Sept. 11, 2012, No. 7406, § 1, Sess. L. 2012, p. 268; amended Aug. 9, 2024, No. 8859, § 1(j), Sess. L. 2024, p. -.

(a) One of the primary purposes of this act shall be restoration of the injured employee to gainful employment and to assist in lessening or removing any handicaps resulting from his injuries. (b) An employee who has suffered an injury covered by this act who, as a result of the injury, is unable to perform work for which he has previous training or experience, shall be entitled to such vocation rehabilitation services, including retraining and job placement, as may be reasonably necessary to restore him to suitable employment. The Administrator shall refer to the Director of Vocational Rehabilitation Services all cases which in his opinion might be potential rehabilitation cases, and shall refer all cases of serious head injuries, severe back injuries, major amputations, loss of eye or hearing, heart attacks, injuries to nervous system and all cases of falls of considerable distance and severe explosions or fires. (c) The Director of Vocational Rehabilitation Services shall evaluate the practicability of, need for, and kind of service, treatment or training. (d) If the injured employee is not eligible for benefits under the Vocational Rehabilitation statute, the Administrator may refer such employee and the Director of Vocational Rehabilitation Services shall process such injured employee in the same manner as other vocational rehabilitation claimants and the cost of these services may be paid under this chapter provided that all costs shall be subject to the approval of the Administrator prior to the rendering of the services. (e) If in the opinion of both the Director of Vocational Rehabilitation and of the Administrator, an employee unreasonably refuses the services and treatment recommended by the Director of Vocational Rehabilitation, the Administrator shall, by written order which sets forth the reasons, suspend the payment of further income benefits and the employee's right to further proceedings during such time as such unreasonable refusal continues; Provided, however, that the administrator shall consult with the district directors and the claimant and take into consideration any extenuating circumstances brought to light, and given a time certain, not in excess of 15 working days, consult with the claimant whenever necessary. Refusal of vocational rehabilitation benefits shall not affect the employee's right to receive medical rehabilitation. (f) Where vocational rehabilitation requires residence at or near the facility or institution, away from the employee's customary residence, the reasonable cost of his board, lodging or travel may be allowed by the Administrator; provided that such costs arise during the period of time wherein the employee is receiving rehabilitation income benefits. (g) The Administrator, subject to the approval of the employee and the Director of Vocational Rehabilitation Services, may allow a lump sum payment of any scheduled income benefits which an employee may be entitled to, to be utilized for the establishment or improvement of any type of small business including such things as tools, equipment, initial stocks and supplies. (h) Rehabilitation income benefits during the period of vocational rehabilitation shall be 75% of the employee's earnings at the time of injury, not to exceed the average weekly wage in the Virgin Islands nor be less than $75 a week, except that if the wages earned were less than $75 a week, compensation shall be in a sum equal to said wages. History: Added June 3, 1970, No. 2733, § 3, Sess. L. 1970, p. 142; amended Oct. 17, 1978, No. 4217, § 1(c), Sess. L. 1978, p. 238; Oct. 13, 1994, No. 6033, § 1(i), Sess. L. 1994, p. 245.

(a) Income benefits for temporary total disability shall be 66 2/3 percent of the employee's weekly wage rate at the time of injury, not to exceed 66 2/3 percent of the average weekly wage of the Virgin Islands nor be less than $60.00 a week, except that if the wages earned were less than $60.00 a week, the benefits shall be awarded in a sum equal to said wages. Income benefits under this subsection shall be paid for the total period of temporary total or partial disability as supported by medical evidence including unemployed periods spent waiting for prostheses in case of bodily losses. Income benefits shall be paid for temporary partial disability equal to 66 2/3 percent of the difference between the weekly wage rate at the time of injury and the wages, if any, earned by the injured worker during his partial disability, limited to the minimum and maximum as set forth by this subsection, payable weekly or as the Director may order. An employee shall not be entitled to compensation for disability as above for any period during which he received from his employer full wages or wages not less than the compensation rate provided above; provided, however, that an insured employer shall be entitled to reimbursement for wages paid the employee which said employee would otherwise have been entitled to receive as benefits hereunder. (b) Scheduled income benefits for permanent partial disability, provided that such disability is a consequence of the injury, shall be 66 2/3 percent of the average weekly wage rate in the Virgin Islands, payable weekly or as the Director may order. Scheduled income benefits shall be in addition to income benefits, and rehabilitation income benefits under this section and section 254b respectively, and shall be paid pursuant to the following schedule: Bodily Losses Weeks of Payment (1) Foot.................... 200 (2) Leg.................... 250 (3) Hand.................... 200 (4) Arm.................... 250 (5) Eye.................... 250 (6) A testicle.................... 180 (7) Both testicles.................... 250 (8) Penis.................... 270 (9) Penis and both testicles.................... 270 (10) Total loss of hearing in one ear.................... 180 (11) Total loss of hearing in both ears.................... 250 (12) Thumb.................... 150 (13) Index finger.................... 100 (14) Middle finger.................... 100 (15) Ring finger.................... 100 (16) Little finger.................... 100 (17) Great toe.................... 100 (18) Toe other than great toe.................... 100 (19) One breast.................... 180 (20) Both breasts.................... 270 (21) Phalanges: For the loss of distal phalanx, one half of the benefits for the loss of the entire digit. For loss of more than one phalanx of a digit, the same as for loss of entire digit. (22) Amputated arm or leg: For an arm or leg amputated at or above the elbow or knee, shall be the same as for the loss of the arm or leg, but if amputated below the elbow or knee, shall be the same as for the loss of a hand or foot. (23) Two or more digits: For loss of two or more digits, or one or more phalanges of two or more digits on a hand or foot, scheduled income benefits may be proportioned to the loss of use of the hand or foot occasioned thereby, but shall not exceed the scheduled income benefits for the loss of a hand or foot. (24) Total loss of use: Scheduled income benefits for permanent total loss of use shall be the same as for the loss of a member. (25) Partial loss or partial loss of use: Scheduled income benefits for permanent partial loss of use of a member, or vision or hearing shall be for a period proportionate to the benefits payable for the total loss of the member, or vision or hearing. (26) In any case where there is a loss or loss of use of more than one member or parts of more than one member, scheduled income benefits shall run consecutively, except that where the injury sustained affects only two or more digits of the same hand or foot, benefits may be paid as set forth in paragraph (21) of this subsection. (27) Other losses: Proper and equitable scheduled incomeparagraph (21)l be paid for serious permanent disfigurement of face, head, neck or other area normally exposed and for loss of function of a major member or organ when such disfigurement or loss is a kind likely to handicap the employee in securing or holding employment, not to exceed 100 weeks, in addition to other scheduled income benefits payable under this section. However, where scheduled benefits are paid or payable for a particular member or organ, no additional benefits shall be paid under this paragraph. (28) In any case of total loss or partial loss or loss of use of a member or organ, or hearing or vision, or in any case of disfigurement, determination of the period for which scheduled income benefits are payable shall not be made until the maximum of hearing and of restoration of function has been attained. (29) Occupational deafness: No claim for scheduled income benefits for occupational deafness shall be filed until the lapse of six full calendar months after the termination of exposure to harmful noise in employment. (30) The experience rating of no employer shall be affected by the payment of scheduled income benefits for occupational deafness unless the employee claiming benefits shall have worked for such employer in employment exposing the employee to harmful noise for a total period of at least 90 days. (31) No consideration shall be given to the question of whether or not the ability of an employee seeking compensation under this subsection to understand speech is improved by the use of a hearing aid. (32) Occupational deafness shall be evaluated as to percentage of loss utilizing accepted medical standards. (33) Compensation for any other permanent partial disability not scheduled shall be determined on the basis of such scheduled disability as it resembles most, and compensation shall be awarded for a similar number of weeks. (34) Compensation for back and internal injuries: Proper and equitable scheduled income benefits shall be paid for back, internal and other trunk injuries where there exists some degree of permanent partial disability, where medical evaluation places the permanent functional loss with that of the whole body. The product obtained by multiplying the percentage of functional loss by 200 weeks shall equal the number of weeks of scheduled income benefits, rounded off to the nearest number of weeks, except that such injuries, if not medically evaluated as to percentage of functional loss, shall be awarded equitably as the Director may determine, but not in excess of 200 weeks. (35) Benefits for temporary or permanent, total or partial disability shall be paid in addition to rehabilitation income benefits. Medical rehabilitation shall be the first step in benefits to the injured worker, and during the healing period, disability income benefits are payable. After the healing period scheduled income benefits may be paid for bodily losses (permanent partial disability), then rehabilitation income benefits may be paid for vocational rehabilitation, except that scheduled income benefits shall be suspended while the employee is receiving rehabilitation income benefits and resumed, without reduction in the number of weeks of eligibility, when rehabilitation income benefits payment are terminated. (36) When an employee who is receiving scheduled income benefits dies from any cause, whether related to the injury or not, the unpaid portion of those benefits shall be paid to his dependent relatives, if any, in the manner provided in section 254(i) hereof. If no dependent relative is discovered and the death is unrelated to the injury, said benefits shall lapse as of the date of death. (37) When an employee receiving scheduled income benefits hereunder becomes mentally incompetent, and such incompetence is adjudged as provided in Title 19,Title 19 4chapter 45Code, his benefits shall be paid to his guardian or other legal representative until such time as he recovers. (38) Unless otherwise authorized by this chapter, lump sum payments may not be made unless the employee is entitled to receive scheduled income benefits for 5 weeks or less. (c) If a contract or temporary employee is injured, that employee is eligible for a maximum of 26 weeks temporary total disability benefits after the last day of employment. If the injury is catastrophic, that employee is eligible for 120 weeks of disability benefits after the last day of employment. Contract and temporary employees are entitled to medical rehabilitation as provided in section 254a. (d) Disability income benefits and scheduled income benefits are in addition to rehabilitation income payments and are to be paid after rehabilitation income payments have ceased. If for any reason it is determined that additional medical or vocational rehabilitation is warranted after disability or scheduled income benefit payments have begun, the Director may order a continuance of rehabilitation income benefits during the payment of which disability income and scheduled income benefits payments are to temporarily cease. (e) When an employee, who has sustained disability compensable as a scheduled income benefit, and who has filed a valid claim in his lifetime, dies from causes other than the injury before expiration of the compensable period specified, the income benefits specified and unpaid at the individual's death, whether or not accrued or due at his death, shall be paid, under an award made before or after such death, for the period specified in this subsection, to and for the benefit of the persons within the classes at the time of death and in the proportions and upon the conditions specified in the provisions for death benefits. (f) Unless otherwise authorized by this chapter, lump sum payments may not be authorized under this section unless the employee is entitled to receive 5 or less weeks of scheduled benefits. (g) Temporary total disability income benefits are paid for a period not to exceed 120 weeks, or upon reaching maximum medical improvement, whichever occurs first. History: Added June 3, 1970, No. 2733, § 3, Sess. L. 1970, p. 143; amended Nov. 15, 1971, No. 3120, § 1, Sess. L. 1971, p. 355; Oct. 17, 1978, No. 4217, § 1(d), (e), Sess. L. 1978, p. 238; Oct. 13, 1994, No. 6033, § 1(j), Sess. L. 1994, p. 245; amended Aug. 9, 2024, No. 8859, § 1(l), Sess. L. 2024, p. -.

Compensation, known as continuous income benefits, shall be paid for permanent total disability, provided such disability is a consequence of the injury and ensues within 4 years thereof. Continuous income benefits shall be equal to 662/3 percent of the employee's weekly wage rate at the time of injury, the rate of compensation not to exceed 90 percent of the average weekly wage rate, and shall be paid during the continuance of such disability lapsing upon the death of the recipient. Permanent total disability shall be considered to be total and permanent loss of vision in both eyes, the loss of both feet at or above the ankle, the loss of both hands at or above the wrists, the loss of one hand and one foot or one arm and one leg, or both arms or both legs. Permanent total disability shall also include such other injuries as result in the total and permanent disability of the person to perform any kind of labor in remunerative occupations as determined by the Administrator. History: Added June 30, 1970, No. 2733, § 3, Sess. L. 1970, p. 148; amended Nov. 15, 1971, No. 3120, § 1, Sess. L. 1971, p. 356; Oct. 17, 1978, No. 4217, § 1(f), Sess. L. 1978, p. 242.

In the case of minors employed in hazardous occupations in violation of the laws in force on the date of employment who suffer injuries or contract industrial disease under the terms of this chapter, the compensation accruing to them in case of disability, or to their dependents in the case of death, shall be 30% higher than the amount due a workman legally employed; provided, that the additional amount provided herein shall be paid by the employer. History: Added June 23, 1970, No. 2733, § 3, Sess. L. 1970, p. 149; amended Oct. 17, 1978, No. 4217, § 1(g), Sess. L. 1978, p. 242.

(a) If an employee who has a permanent physical impairment from any cause or origin incurs a subsequent disability by injury arising out of and in the course of his employment resulting in compensation liability for disability that is substantially greater by reason of the combined effects of the pre-existing impairment and subsequent injury or by reason of the aggravation of the pre-existing impairment than that which would have resulted from the subsequent injury alone, the employer's experience rating will only be affected by all compensation payments subsequent to those payable for the first 104 weeks of disability. (b) If the subsequent injury of such an employee shall result in the death of the employee and it shall be determined that the death would not have occurred except for such pre-existing permanent physical impairment, the employer's experience rating will not be affected by any compensation payable. (c) In order to qualify under this section the employer must establish within 1 year of the award of the Administrator by written records that the employer had knowledge of the permanent physical impairment at the time that the employee was hired, or at the time the employee was retained in employment after the employer acquired such knowledge. (d) As used in this section, "permanent physical impairment" means any permanent condition, whether congenital or due to injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee should become unemployed. No condition shall be considered a "permanent physical impairment" unless it is one of the following conditions: (1) Epilepsy (2) Diabetes (3) Cardiac disease (4) Arthritis (5) Amputated foot, leg, arm or hand (6) Loss of sight of one or both eyes or a partial loss of corrected vision of more than 75 percent bilaterally (7) Residual disability from poliomyelitis (8) Cerebral palsy (9) Multiple sclerosis (10) Parkinson's disease (11) Cerebral vascular accident (12) Tuberculosis (13) Silicosis (14) Psychoneurotic disability following treatment in a recognized medical or mental institution (15) Hemophilia (16) Chronic osteomyelitis (17) Ankylosis of joints (18) Hyperinsulism (19) Muscular dystrophies (20) Arteriosclerosis (21) Thrombophlebitis (22) Varicose veins (23) Heavy metal poisoning (24) Ionizing radiation injury (25) Compressed air sequelae (26) Ruptured intervertebral disk or unless it would support a rating of disability of 200 weeks or more if evaluated according to standards applied in compensation claims. (e) No employer shall refuse to employ, continue in his employ or reemploy any person who is otherwise qualified for employment because of any permanent physical impairment which could be a factor or major contributing factor in a subsequent injury which could adversely affect the employer's experience rating; provided that notwithstanding any other provision in this chapter to the contrary, upon application by either employer or disabled employee the Administrator may require that the employee waive all rights under this chapter for all benefits for that portion of an injury which is directly attributable to the pre- existing disability. History: Added June 3, 1970, No. 2733, § 3, Sess. L. 1970, p. 149.

When the maximum weekly income benefit is changed as provided in section 254d, any person who has been totally continuously disabled for over two years shall, without application, have his benefit adjusted with the provisions of this section. (a) In any case where a totally disabled person is presently receiving the maximum weekly income benefit applicable at the time such award was made, the adjusted award shall equal the new maximum weekly benefit. (b) In any case where a totally disabled person is presently receiving less than the maximum weekly income benefit rate applicable at the time such award was made, a new weekly income benefit shall be computed by multiplying the new maximum by a fraction the numerator of which is his present award and the denominator of which is the maximum weekly rate applicable at the time such award was made. History: Added June 3, 1970, No. 2733, § 3, Sess. L. 1970, p. 151.

In case a deceased employee whose injury or death is compensable leaves surviving dependents residing outside of the United States, the duly accredited consular officer of the country in which such dependents are residing may, with the officer's consent, be the representative of such dependents, and his office is authorized to receive and forward payments made to such dependents, such payments to be payable to the dependents on checks drawn on banks in the Virgin Islands. History: Added June 3, 1970, No. 2733, § 3, Sess. L. 1970, p. 151; amended Oct. 17, 1978, No. 4217, § 1(h), Sess. L. 1978, p. 242.

(a) If death ensues at the time of injury, or within four years as a consequence thereof, and the employee leaves no relative who depended upon him for support, the benefits by reason of such death shall be limited to the payment of funeral expenses not exceeding up to $4,000 and other expenses for medical services, medicines and hospitalization. If the employees is survived by a spouse or parents or any heirs, including illegitimate children who were dependent upon him for support, partially or totally at the time of his death, they shall receive compensation payable in the manner hereinafter indicated in an amount not less than $25,000 nor more than $50,000, except that in the case of a marshal, Deputy marshal, enforcement officer of the Department of Planning and Natural Resources, the directors of the Fire Service, fire marshal, fire inspector, fireman, appointed volunteer firemen, investigator of the Department of Justice as designated by the Attorney General, enforcement officer of the Department of Licensing and Consumer Affairs, special agent of the Criminal Investigation Division of the Bureau of Internal Revenue, enforcement officer of the Treasury of the Department of Finance, enforcement officer of the Virgin Islands Port Authority, internal affairs agent of the Bureau of Corrections and the Police Department, or a member of the Police Force or Police Auxiliary compensation shall be not less than $25,000 nor more than $50,000, taking into account the earnings of such employee and his expectancy, in accordance with regulations that the Administrator shall prescribe. The compensation shall be payable as follows: (1) If the decedent is survived by a parent or parents only, all of the compensation shall be payable to such surviving parent or parents respectively; or (2) If the decedent is survived by parents and a spouse, compensation shall be payable 1/3 to the parents and 2/3 to the spouse; or (3) If the decedent is survived by parents, a spouse and children, compensation shall be awarded 20% to the parents, 20% to the spouse and 60% to the children; or (4) If the decedent is survived by a spouse and children, compensation shall be awarded 40% to the spouse and 60% to the children. As used in this section, the term "spouse" shall be construed to include any female, in the case of a male decedent, and any male, in the case of a female decedent, who has lived with the decedent, for three consecutive years immediately preceding his or her death. The payments shall cease- (1) To any beneficiary upon death; or (2) To a minor upon reaching the age of 18 years unless (A) The minor is permanently physically or mentally disabled, or (B) The beneficiary is between the ages of eighteen (18) and twenty-two (22) years and is regularly attending an accredited school or a school approved by a court in pursuance of a course of study leading to a high school diploma or its equivalent, or regularly attending a course of vocational technical training either as a regular school program or under special arrangements adapted to the individual person's needs, or is, in good faith, a full-time student in a college, university, or area school, or has been accepted for admission to a college, university or area school and the next regular term has not yet begun, or (C) For other good cause shown to the Administrator, in all of which cases payment shall not be made after the beneficiary reaches age 22. (b) Upon application of the beneficiary, compensation may be paid in a lump sum or installments, in the discretion of the Administrator. Only for good cause shown may lump sum payments be awarded. (c) The total aggregate compensation for injury and death under this chapter shall not exceed $36,000 in the case of employees other than a marshal, deputy marshal, enforcement officer employed by the Department of Justice as designated by the Attorney General, enforcement officer of the Department of Licensing and Consumer Affairs, special agent of the Criminal Investigation Division of the Bureau of Internal Revenue and enforcement officer of the Treasury Division of the Department of Finance, enforcement officer of the Virgin Islands Port Authority, internal affairs agent of the Bureau of Corrections and the Police Department, or a member of the Police Force or Police Auxiliary, whose injury or death shall be compensated in a total aggregate amount not to exceed $75,000. (d) (1) Dependents of a deceased employee, living in another country, who are entitled to benefits under this chapter are limited to the surviving spouse and/or children, or if there is no spouse or child, to parents who were partially or wholly supported by the deceased employee for at least one year prior to the compensable death; (2) the proof necessary to establish to the Worker's Compensation Administration, that one is the dependent spouse, child or parent may be based upon one or more of the following: transcripts of birth, certificates of marriage, certified and authenticated documents or affidavits, sworn personal statements to a U.S. diplomatic or consular officer; (3) if a dependent-claimant cannot appear before a U.S. diplomatic or consular officer, the Workers' Compensation Administration may designate a person who is not related to a party or otherwise interested in the claim. The designated person shall be paid for services and expenses by the party making the application. The parties may agree upon the amount to be paid or the Workers' Compensation Administration shall set the amount. History: Amended June 3, 1970, No. 2733, §§ 3, 4, Sess. L. 1970, p. 152; Oct. 17, 1978, No. 4217, § 1(i), Sess. L. 1978, p. 243; Oct. 13, 1994, No. 6033, § 1(l), (m), Sess. L. 1994, p. 247.

Any fireman or policeman employed by the Government of the Virgin Islands whose death results from a personal injury arising out of and in the course of his employment, irrespective of fault as a cause of the injury or death, shall be entitled to compensation for death in a sum not less than $12,500 or more than $25,000, taking into account the earnings of such employee and his life expectancy. The Administrator shall determine the sum payable. History: Added Nov. 15, 1971, No. 3120, § 3, Sess. L. 1971, p. 356; amended Oct. 13, 1994, No. 6033, § 2(b), Sess. L. 1994, p. 254.

Execution, Etc.; Priority As Lien No assignment of compensation, or release, sale or conveyance of compensation due or payable under this chapter shall be valid, and such compensation shall be exempt from levy, execution and attachment, which exemption shall not be waived. Compensation shall constitute a first priority lien against the assets of an employer. No agreement by any employee to waive his right to compensation under this chapter shall be valid.

and Enforcement of Orders (a) The provisions of this chapter shall be administered uniformly throughout the Virgin Islands by an administrator under the general supervision of the Commissioner of Labor. The administrator assigned to administer this chapter shall devote his full time to such duties, and in the name of the Commissioner of Labor, shall have the power to compile a register of employers affected by this chapter for that purpose; to inspect and examine places of employment, receive claims in writing, to notarize claims and other pertinent documents filed with the Commissioner of Labor, to prescribe rules and regulations, make studies of safety devices and to issue safety orders to employers, and to bring suit on behalf of the Commissioner of Labor or in the name and on the behalf of any beneficiary. (b) An Administrative Law Judge appointed by the Commissioner of Labor shall be authorized to demand all pertinent information and relevant documents filed with the Commissioner of Labor, issue subpoenas, compel attendance of witnesses, take testimony, rule on questions of evidence, regulate the course of proceedings and make determinations of fact. (c) Proceedings before the Administrative Law Judge shall be according to such rules as he shall prescribe. Parties shall have the right to be represented by counsel. The Commissioner of Labor shall approve the fee for attorneys appearing for employees. (d) Orders of the Administrative Law Judge shall be served by personal delivery or by registered mail. Any person aggrieved by a final order of the Administrative Law Judge may obtain a review of the order by filing a written petition with the Commissioner of Labor or any court of competent jurisdiction in the Virgin Islands within thirty (30) days after its issuance. The findings of the Administrative Law Judge as to facts, if supported by substantial evidence, shall be conclusive. Upon application of the administrator or any beneficiary, any court of competent jurisdiction shall enforce obedience to the orders of the Administrative Law Judge. History: Amended May 16, 1957, No. 160, § 72, Sess. L. 1957, p. 45; Mar. 5, 1965, No. 1323, § 13.1, Sess. L. 1965, Pt. I, p. 42; Mar. 17, 1965, No. 1343, § 6, Sess. L. 1965, Pt. I, p. 81; Apr. 23, 1968, No. 2177, § 4, Sess. L. 1968, Pt. I, p. 459; Oct. 13, 1994, No. 6033, § 1(n), Sess. L. 1994, p. 247; amended Aug. 9, 2024, No. 8859, § 1(m), Sess. L. 2024, p. -.

(a) By personal delivery or by mail, written notice of an accidental injury shall be given by the person injured or someone in his behalf to the employer or any of his agents within 48 hours after the injury. In the case of an occupational disease notice shall be given by the person injured or someone in his behalf to the employer or any of his agents within 30 days from the first distinct manifestation thereof. Such notice shall contain the name of the person, the nature of the injury or occupational disease, and when and where it occurred. Unless written notice of injury or occupational disease is given as above, or unless the employee's immediate superior has actual knowledge of the injury or occupational disease, compensation may be denied. For reasonable cause shown, the Administrator may accept written notice of injury given later than 48 hours, but not later than 30 days, after the injury and in the case of an occupational disease, the Administrator may accept written notice given later than 30 days, but not later than 90 days after the first distinct manifestation thereof; which time limit for filing of reports shall also be applicable to injuries of a tuberculous origin arising out of employment. (b) Within eight days after the receipt of the written notice of injury referred to in subsection (a) hereof, the employer shall complete an employer's report of injury and forward same together with the employee's notice of injury to the Administrator by personal delivery or by mail. The failure of the employer to file such reports within such period shall not prejudice the claim of the employee.

(a) The first claim for compensation for an injury shall be filed in writing within sixty days after the injury on forms to be furnished by the Administrator. Such claims shall be filed at the office of the Administrator or deposited in the mail properly stamped and addressed to the Administrator or to any person whom the Administrator may designate. Each claim shall be sworn to by the injured person or whoever acts in his behalf, and shall be accompanied by a doctor's certificate stating the nature and probable extent of the disability, or by a death certificate. (b) Supplementary claims, if any, for protracted disability or for any additional compensation claimed, shall be filed in the manner directed by the Administrator. (c) For good and reasonable cause shown, the Administrator may extend the time limit set by this section.

(a) After an injury, the employee shall, as frequently and at such times and places as may be reasonably required, submit himself to examination by such doctor as the Administrator may designate. The employee may have his own doctor present at all such examinations at employee's expense. If any employee refuses to submit to an examination, his right to claim compensation under this chapter shall be suspended until such refusal ceases. If an injured worker delays submission to treatment and/or examination without just cause, the Administrator shall disallow compensation for the period involved. (b) Upon application of the employer or duly authorized agent, or someone in behalf of the deceased employee, and for reasonable cause shown, the Administrator may order an autopsy of the body of a deceased employee by a duly registered physician in order to determine the cause of death. In the event the beneficiary of the deceased or anyone for him refuses an autopsy so ordered no compensation shall be paid for the death of such employee.

In cases where it may be necessary to determine the heirs of a deceased employee, the proceeding in the district court shall be free of all court costs. Any right given by this chapter to any employee shall survive to his personal representative for the benefit of his heirs.

(a) (1) Claims for expenses for medical attendance, hospitalization, medicines, compensation and other expenses in the case of an employee working for an employer who, in violation of law, is not insured, hereinafter referred to as "uninsured employer", shall be processed and paid for from the Fund in the same manner as claims against insured employers with the exception that any payments made shall be chargeable to the Uninsured-Employer Subfund, hereinafter created. (2) In the case of an injury to an employee, who was injured while working for an uninsured employer, the Director shall determine the proper compensation plus the expenses in the case, and shall collect from the employer, to be covered into the Uninsured-Employer Cases Fund hereinafter created, such compensation and expenses, provided that the Director shall include a penalty equivalent to 30 percent of the compensation and expenses but in no case shall such penalty be less than $10. (3) The Director shall grant the employer and the employee in such case an opportunity to be heard in their defense, following, as far as practical, the practice observed in the courts of the Virgin Islands. If the parties have been summoned by such means as the Director may adopt and they or either of them should fail to appear to be heard in their defense, it shall be understood that such party or parties waive their rights, and the Director may decide the case in default, without further delay. (b) (1) The injured employee of an uninsured employer, or the employee's beneficiaries, instead of receiving compensation under this chapter may elect, at any time prior to the rendering of a decision by the Director, to bring suit for damages against the employer, just as if this chapter were not applicable. (2) Such employee or beneficiaries shall be entitled in such action to attach the property of the employer without furnishing bond, in order to insure satisfaction of such judgment as may be rendered, provided the court considers there is good cause for such action, after examining the claim which shall be sworn to. Such attachment shall include attorney's fees to be fixed by the court, and shall be effective until the case has been decided and the amount of the judgment paid. (3) In such proceedings, the fact that the workman or employee was guilty of contributory negligence or that he assumed the risk of injury, or the fact that the workman's or employee's injury or death was caused by the negligence of a fellow employee, shall not constitute a defense for the employer and no contract purporting to allow the use of any of these defenses shall be valid. (c) (1) All expenses in the case of uninsured employers shall be paid by the Workers Compensation Trust Fund chargeable to the Uninsured-Employer Subfund. The Uninsured-Employer Subfund shall be made up from the amount of the collections made as a result of the liquidation of cases of uninsured employers. (2) There shall be maintained in the Uninsured-Employer Subfund, through transfer from the Reserve Fund when necessary, and subject to reimbursement, sufficient funds for the prompt payment of claims involving uninsured employers. (d) (1) In cases declared uninsured in which the accident is due to negligence of a third person, the uninsured employer who has paid to the Workers Compensation Trust Fund the total amount of the liquidation of the case or who has secured payment by depositing a bond to the satisfaction of the Commissioner, may subrogate himself to the rights of the employee to recover the expenses incurred by him as a result of the accident. (2) The workman or employee or his beneficiaries shall be parties to such proceeding brought in the cause of action against a third person and any sum collected in excess of the sum paid to the Workers Compensation Trust Fund by the uninsured employer to cover the liquidation of the case shall be paid to the injured person or to his beneficiaries in case of death and no extra-judicial transaction shall be valid without their consent. History: Amended Aug. 9, 2024, No. 8859, § 1(n), Sess. L. 2024, p. -.

(a) Where injury or death results from failure to obey a safety order of the Administrator fifteen percent penalty shall be added to any award by the Administrator, which penalty shall be payable directly by the employer. (b) Whoever, after citation by the Administrator, violates any safety order or safety regulation of the Administrator shall be fined not more than $500 or imprisoned not more than six months, or both.

In cases where the injury, the occupational disease or the death entitling the workman or employee or his beneficiaries to compensation in accordance with this chapter has been cause under circumstances making third persons responsible for such injury, disease or death, the injured workman or employee or his beneficiaries may claim and recover damages from the third person responsible for said injury, disease, or death within two years following the date of the injury. The Administrator may subrogate himself to the rights of the workman or employee or his beneficiaries to institute the same action in the following manner: When an injured workman or employee, or his beneficiaries in case of death, may be entitled to institute an action for damages against a third person in cases where the Workers Compensation Trust Fund, in accordance with the terms of this chapter, is obliged to compensate in any manner or to furnish treatment, the Director shall subrogate himself to the rights of the workman or employee or of his beneficiaries, and may institute proceedings against such third person in the name of the injured workman or employee or of his beneficiaries, within two years following the date of the injury, and any sum which as a result of the action, or by virtue of a judicial compromise, may be obtained in excess of the expenses incurred in the case shall be delivered to the injured workman or employee or to his beneficiaries entitled thereto. The workman or employee or his beneficiaries shall be parties in every proceeding instituted by the Director under the provisions or this section, and it shall be the duty of the Director to serve written notice on them of such proceedings within five days after the action is instituted. The injured workman or employee or his beneficiaries may not institute any action, nor may compromise any right of action they may have against the third person responsible for the damages, unless the Administrator is a party to the action or agrees to the compromise, but the failure to join the Director shall not deprive the courts of jurisdiction over the claim or otherwise result in dismissal of the claim, so long as the injured worker or employee acknowledges that all sums due the Workers Compensation Trust Fund are secured by any recovery. No compromise between the injured workman or employee, or his beneficiaries in case of death, and the third person responsible shall be valid or effective in law unless the expenses incurred by the Workers Compensation Trust Fund in the case are first paid. No judgment shall be entered in actions of this nature and no compromise whatsoever as to the rights of parties to said actions shall be approved, without making express reserve of the rights of the Workers Compensation Trust Fund to reimbursement of all expenses incurred. The clerk of the court taking cognizance of any claim of the above-described nature, shall notify the Director of any order entered by the case, as well as the final deposition thereof. The Director may compromise as to his rights against a third party responsible for the damages. No such extrajudicial compromise, however, shall affect the rights of the workman or employee, or of his beneficiaries, without their express consent and approval. Any sum obtained by the Director through the means provided in this section shall be covered into the Workers Compensation Trust Fund. History: Amended Jan. 16, 1975, No. 3662, § 1, Sess. L. 1974, p. 296; June 19, 2002, No. 6529, § 13, Sess. L. 2002, p. 341; amended Aug. 9, 2024, No. 8859, § 1(n), Sess. L. 2024, p. -.

It shall not be a defense to any action brought by or on behalf of an employee, that the employee at the time of his injury or death, was the borrowed, loaned, or rented employee of another employer. Any oral or written agreement between an employer and employee which makes the employee the borrowed, loaned or rented employee of another employer shall be null and void as being against the public policy of this Territory. History: Added Oct. 19, 1984, No. 5014, § 213, Sess. L. 1984, p. 364.

History: Repealed. Apr. 23, 1968, No. 2177, § 6, Sess. L. 1968, Pt. 1, p. 461.

There is created the Workers' Compensation Trust Fund ("WCTF") within the Department of Labor and administered by the Commissioner of Labor for the purpose of insuring employers against liabilities imposed under this chapter, to guarantee that persons entitled to compensation provided by this chapter will receive it, to pay providers and vendors for services to injured workers, and to compensate injured workers directly. The WCTF consists of all premiums received and paid into the WCTF, properties and securities acquired by the WCTF, ten percent of all monies collected for traffic violations under title 20 Virgin Islands Code, chapter 43, and any interest earned on monies belonging to the Fund. The Commissioner of Labor shall make payments from the Fund for losses sustained due to injuries and for expenses in as provided in this chapter. History: Amended Jan. 27, 2010, No. 7143, §? 3, Sess. L. 2009, p. 308; amended Aug. 9, 2024, No. 8859, § 1(o), Sess. L. 2024, p. -.

History: Repealed. Aug. 9, 2024, No. 8859, § 1(p), Sess. L. 2024, p. -.

The expenses of administering the Government Insurance Fund and operating expenses of the Workers' Compensation Administration under this chapter, including wages of salaried employees, shall be fixed by the Governor upon the recommendation of the Legislature and paid from the proceeds of the Fund, following the legal requirements for the expenditure of public funds. The expenses of maintenance of any of the construction projects built with monies from the Fund shall also be paid from the proceeds of the Fund. History: Amended Mar. 17, 1965, No. 1343, § 6, Sess. L. 1965, Pt. I, p. 81; Oct. 13, 1994, No. 6033, § 1(q), Sess. L. 1994, p. 249.

It shall be the duty of the Commissioner of Finance in the exercise of the power hereby conferred upon him to prepare a schedule of classifications according to the hazards of the occupations or industries. He shall also fix the lowest possible premium rates, including minimum premiums consistent with the establishment of a solvent Government Insurance Fund and creation of a reasonable surplus, covering the period beginning July 1, 1941, and each year thereafter.

On July 1, 1958, and annually thereafter, the Commissioner of Finance shall revise such classifications and premiums as, in his judgment, should be revised. Such revision shall be in accordance with underwriting experience and other incidental experience and available statistics in regard to the hazards and underwriting risks.

The Commissioner of Finance shall keep an accurate account of the money paid in for premiums by each of the several groups of occupations or industries, and the expenses of administering the Government Insurance Fund, as well as the disbursements and expenses incurred on account of injuries or deaths of workmen and employees in each of said groups of occupations and industries; he shall also keep an account of premiums received from each employer; he shall also keep an account of payments and cost of injuries and deaths of the workmen and employees of each employer, and all other necessary accounts and statistics consistent with the efficient administration of a solvent Government Insurance Fund.

In Fixing Rates (a) The decision of the Commissioner of Finance fixing and regulating the premium rates for each group of occupations or industries, or any order increasing the premium rate, may be reviewed by the Governor if the aggrieved employer files a complaint with the Governor within thirty days after the decision of the Commissioner of Finance becomes effective. The Governor shall proceed to render a final decision. During the pendency of this appeal the collection of the premiums shall continue in accordance with the decision of the Commissioner of Finance; nor shall the courts issue writs of injunction enjoining the collection of said premiums during the pendency of such appeal. If the decision of the Governor reduces the rate of premium fixed by the Commissioner of Finance, the Commissioner of Finance shall not be ordered to return the excess paid in premiums, but such excess, computed from the date of the filing of the petition, shall be deducted from premiums to be collected in the future from the employers filing the petitions. In case any classification is modified by an order of the Governor as herein provided, the Commissioner of Finance shall compute new rates of premiums for all such employers as have workmen or employees within the challenged classification or classifications. (b) In fixing the premium rates for employers the Commissioner of Finance shall apply the following Experience Rating Plan provisions: (1) Only an employer having paid premiums of $1,000 or more during the period of 3 consecutive years immediately prior to the rating date, and having paid premiums in each of these three years, shall be eligible for experience rating. (2) The amount of charges to be considered in such experience rating shall consist of the payments actually made by the Government Insurance Fund during such consecutive period of 3 years on account of accident or occupational disease attributable to the particular employer, inclusive of benefits, medical, hospital and funeral costs. (3) The credit to be allowed any employer shall be applied against the subsequent year's premium payment rather than as a cash refund and shall be determined according to the ratio which the chargeable claim costs paid by the Government Insurance Fund bears to the premiums received from the employer for the 3 year period in question, as follows: Ratio of chargeable claim cost to premium payments Credit to employer on premium for the subsequent year 50% or less 20% 51% to 60% 10% 61% to 70% 5% 71% and over None (4) If the losses of any employer are such as to produce a ratio of chargeable claims to premium payments in excess of 80%, the employer's premium rate shall be increased for the year next following the rating date, as follows: Ratio of chargeable claim cost to premium payments Increase to employer in premium for the subsequent year 71% to 80% None 81% to 90% 5% 91% to 100% 15% Over 100% 25% History: Amended Mar. 5, 1965, No. 1323, § 20, Sess. L. 1965, Pt. I, p. 44; Mar. 11, 1977, No. 3932, Sess. L. 1977, p. 5.

(a) Every employer shall secure the payment of compensation under this chapter by insuring with the Workers' Compensation Fund created by this chapter. (b) The insurance of each employer shall be in force immediately after his statement has been filed with the Commissioner of Labor together with the amount of the premium corresponding to the wages declared in said statement and in accordance with the rates fixed by the Commissioner of Labor, provided that an accident that occurs before payment of said premium is made shall be considered as a case of an uninsured employer, unless the employer pays within the term fixed by the Commissioner of Labor, in which case, the insurance shall become effective from the date the employer filed the statement. (c) [Repealed.] (d) [Reserved.] (e) When an employer becomes insolvent, a claim by the Workers' Compensation Fund for premiums and interest due shall be a preferred claim in the bankruptcy, trustee or receivership process. History: Amended Apr. 23, 1968, § 7, Sess. L. 1968, Pt. I, p. 461; Apr. 23, 1968, § 7, Sess. L. 1968, Pt. I, p. 461; June 24, 1969, No. 2481, § 1, Sess. L. 1969, p. 132; Sept. 24, 1990, No. 5620, § 1, Sess. L. 1990, p. 326; Oct. 13, 1994, No. 6033, § 1(r), Sess. L. 1994, p. 249; amended Aug. 9, 2024, No. 8859, § 1(q), Sess. L. 2024, p. -.

(a) Every employer affected by this chapter shall file with the Commissioner of Finance not later than February 28th of each year on forms supplied by the Commissioner of Finance, an actual report for the previous year and an estimated report for the current year, showing the number of workmen employed by said employer, the kind of occupation or industry of the workmen, the total amount of wages paid and to be paid and the amount of premium payable. (b) The premium prescribed by this chapter shall be computed and paid on the first $8,424 of each worker's wages for each year. (c) The annual premium must be paid in full by December 31, or in two installments. If the installment option is chosen, the first installment is payable on or before December 31, consisting of not less than one- half of the annual premium, plus any additional premium due, for which a 6-month policy will issue, and the second installment must be paid on or before June 30, for which a policy will issue for the remaining six months effective until December 31. The actual number of employees a company has employed must be reported to the Worker' Compensation Administration not later than September 30 of the current year. The Workers Compensation Administration shall issue rates and notices to the employer not later than November 15, and insurance policy renewals must begin on January 1 of the following year. (d) On receipt of payment, the Commissioner of Finance shall forward to the employer a receipt which shall be prima facie evidence of said payment of the premium and insurance coverage. (e) The Commissioner of Finance shall collect such premiums, interest, and penalties provided for in this chapter and shall deposit them in the Government Insurance Fund established by this chapter. (f) Prior to January 1 of each year, notices requesting compliance with this section shall be published at least once a week for four weeks in a newspaper of general circulation in the Virgin Islands and the forms to be filed by the employers shall be mailed to every employer currently insured. (g) Should an employer fail to pay the total amount of the preliminary or additional premiums legally levied on him within the time fixed by the Commissioner of Finance, the latter may grant an extension of thirty (30) days so that the employer may make payment in full, which shall be an indispensable requirement for the Administrator to make an insurance policy. History: Amended Apr. 23, 1968, No. 2177, § 7, Sess. L. 1968, Pt. I, p. 461; June 24, 1969, No. 2481, § 2, Sess. L. 1969, p. 132; May 23, 1980, No. 4437, Sess. L. 1980, p. 59; Sept. 24, 1990, No. 5620, §§ 2, 3, Sess. L. 1990, p. 327; amended Aug. 9, 2024, No. 8859, § 1(r), Sess. L. 2024, p. -.

(a) Any new employer or employer who was not insured at the end of the previous year shall file a statement on forms to be provided by the Commissioner of Finance including the estimated wages to be paid his workmen and shall pay the portion of the annual premium due on such wages to the Commissioner of Finance before commencement of work. (b) Should any employer substantially increase his payroll during the term of insurance, he shall file a supplementary statement and pay the additional premiums based thereupon within 30 days after such increase. (c) Any employer who prior to July 1 or January 1 of any year ceases to be subject to the provisions of this chapter may be excused from payment of premiums by giving notice and such proof required by the Commissioner of Finance. History: Amended Apr. 23, 1968, No. 2177, § 7, Sess. L. 1968, Pt. I, p. 461.

Premium At the end of the period of insurance, an adjustment of premium shall be made according to the actual expenditures of wages. The Commissioner of Finance shall compare the payroll of each employer paying premiums in accordance with this chapter for such calendar year with the payroll of the preceding year on the basis of which the premiums were assessed, levied and collected. If the payroll for the year during which the insurance was effected was greater than that of the previous calendar year, the Commissioner of Finance shall assess, levy and collect additional premiums in the same manner and on the same basis as the original premiums were assessed, levied, and collected. If the payroll is less than that of the previous calendar year, the Commissioner of Finance shall refund from the Government Insurance Fund the proportion of the premiums corresponding to the difference between the actual payroll for the year during which the insurance was effected and the year on the basis of which said premiums were assessed, levied, and collected; provided, however, that where the employer continues to employ workers affected by this chapter, the Administrator shall apply any excess premium to the payment of the premium due for the ensuing calendar year.

The Director shall from time to time prepare and certify to the Legislature, through the Governor, a list showing in detail the dates and steps taken by the Government for the collection of unpaid premiums, interest, and penalties owed to the Workers' Compensation Trust Fund as may have remained in arrears, wholly or partially, for more than ten fiscal years, and which in the judgment of the Director are uncollectible. If such claims are not cancelled or otherwise disposed of by the Legislature by the end of the regular session following the date of certification of the same to the Legislature, they shall be deemed cancelled and the Commissioner of Labor shall cause appropriate entries to be made in the records of the Workers' Compensation Trust Fund. History: Amended Dec. 17, 1958, No. 381, § 1; Apr. 21, 1960, No. 533, Sess. L. 1960, p. 38; Apr. 23, 1968, No. 2177, § 7, Sess. L. 1968, Pt. I, p. 461; amended Aug. 9, 2024, No. 8859, § 1(s), Sess. L. 2024, p. -.

(a) Every employer who fails to insure as provided in this chapter, or who fails to file such statements as required by this chapter, or who fails to make such payments as required by this chapter shall be fined not more than $5,000 or imprisoned not more than six months, or both, which shall be in addition to any interest, penalties, or remedies provided for in this chapter. (b) The statements to be filed by the employer as herein required shall subject the signers to the penalties of perjury, as defined in Title 14 of this Code, for false or wrongful statements knowingly made. (c) The Commissioner of Labor is hereby authorized and empowered to assess and levy penalties and late charges on every employer affected by this chapter. If an employer defaults in the payment of a premium in whole or in part within the term legally fixed by the Commissioner of Labor the outstanding balance shall bear interest at the rate of one percent (1%) per month, or any fraction thereof, from the due date until payment is received by the Commissioner of Labor and the outstanding balance and interest will be levied upon including a lien on all property, if necessary, and such employer's compliance with the provisions of this chapter requiring payment to be made to the Workers' Compensation Trust Fund shall date from the time of payment of said money to the Workers' Compensation Trust Fund. (d) Upon the written request of the Commissioner of Labor, the Attorney General, in addition to the other remedies provided in this chapter, may institute an action in any court of competent jurisdiction to enjoin any such delinquent employer from conducting his business until the outstanding balance, all interest thereon, and all penalties have been paid in full. History: Amended Dec. 17, 1958, No. 381, § 2, Sess. L. 1958, p. 174; Apr. 23, 1968, No. 2177, § 7, Sess. L. 1968, Pt. I, p. 461; Sept. 24, 1990, No. 5620, § 5, Sess. L. 1990, p. 328; amended Aug. 9, 2024, No. 8859, § 1(t), Sess. L. 2024, p. -.

History: Repealed. Apr. 23, 1968, No. 2177, § 7, Sess. L. 1968, Pt. I, p. 461.

Reports Every employer insured under the Workers' Compensation Trust Fund shall keep a true and accurate record of the number of employees and of the wages paid, and the records must be always available for inspection and audit by the Director and the Commissioner of Labor. The Commissioner of Labor shall assess and collect fines from an employer who fails to keep true and accurate records or wilfully misrepresents the difference between the premiums paid and the premiums that should have been paid in the same manner as premiums are assessed and collected. History: Amended Aug. 9, 2024, No. 8859, § 1(u), Sess. L. 2024, p. -.

The provisions of this chapter shall be applicable to all compensation cases pending at the time it takes effect.

Activity; Reimbursement (a) As used in this section, "public recreational activity" means active and regular participation, without remuneration and whether as player, coach, referee, umpire, manager or other participant in any athletic or sport event sponsored, approved or supervised by the Department of Education, Department of Sports, Parks and Recreation, or the University of the Virgin Islands or in any athletic or sport event involving the use of government owned or controlled recreational areas or facilities where permission for such use has been duly granted by the Department of Education, Department of Sports, Parks and Recreation, or the University of the Virgin Islands, including any supervised practicing or rehearsing for such event and preliminary activities occurring immediately prior to and incidental to such event. (b) Persons engaged in a particular form or forms of public recreational activity and who are bona fide residents in the territory, shall, upon certification to the Commissioner of Finance as provided for in this section, be entitled to the medical attendance and all other benefits provided for by this chapter for disability or death resulting from personal injury or disease suffered while engaged in such particular form or forms of public recreational activity. (c) To secure compensation hereunder a person shall file with the Commissioner of Planning and Natural Resources, on a regular form to be prescribed by him, a statement under oath to the effect that he participates in a particular form or forms of public recreational activity as above defined, or that he intends to so participate. The statement shall also include such other information as the Commissioner of Planning and Natural Resources may require. If it appears to the satisfaction of the Commissioner of Planning and Natural Resources that the person filing the statement participates in or has a bona fide intention to participate in a particular form or forms of public recreational activity, the Commissioner of Planning and Natural Resources shall forthwith certify such person to the Commissioner of Finance as a participant in such particular form or forms of activity and such person shall thereafter be entitled to compensation benefits hereunder. The Commissioner of Planning and Natural Resources may refuse to certify a person to the Commissioner of Finance if after proper medical examination it appears that the physical condition of the person is such that his participation in public recreational activity would involve undue risk. (d) Any person aggrieved by a decision of the Commissioner of Planning and Natural Resources, made pursuant to subsection (c) of this section, may file an appeal within thirty days from the date of the decision with the Governor whose decision on the appeal shall be final and conclusive. If the decision of the Governor is in favor of the appellant, said decision shall be retroactive to the date of the decision on which the appeal was based. (e) Notices of injury and claims for compensation, hearings, and awards, with respect to the compensation of persons engaged in public recreational activity shall be filed, made, heard and determined in the same manner and on the same basis as provided for with respect to the compensation of employees under this chapter, and all provisions of this chapter, except as otherwise provided in this section, shall be applicable to the greatest extent practicable in the administration and enforcement of this section. For the purpose of determining compensation for disability or death suffered by a person engaged in public recreational activity, the wages of such person shall be determined on the basis of his actual earnings at the time of the injury, or if such person is at such time unemployed, then his wages shall be determined on the basis of the actual wages he received at his last place of employment within the preceding twelve months, or if the person has not been employed within such period then his wages shall be deemed to be the minimum wage prescribed by law. (f) The Commissioner of Education, in lieu of paying premiums into the Government Insurance Fund, shall annually, at a time designated by the Commissioner of Finance, reimburse the said Fund for all payments made by it on account of and pursuant to the provisions of this section in cases involving athletic or sport events sponsored or supervised by the Commissioner of Education. Such reimbursements shall be made out of funds to be appropriated by the Legislature. (g) The Commissioner of Education, in lieu of paying premiums into the Government Insurance Fund, shall annually, at a time designated by the Commissioner of Finance, reimburse the said Fund for all payments made by it on account of and pursuant to the provisions of this section in cases involving athletic or sport events approved by the Commissioner of Education or involving the use of government owned or controlled recreational areas or facilities where permission for such use has been duly granted by the Bureau of Recreation. Such reimbursements shall be made out of the Athletic Fund established by section 3010 of Title 33, notwithstanding any provision in said title to the contrary; Provided, That the amounts so paid out of the Athletic Fund shall be refunded by the Legislature through annual appropriations. History: Amended June 13, 1960, No. 604, §§ 1-3, Sess. L. 1960, p. 115; June 29, 1965, No. 1448, §§ 1-3, Sess. L. 1965, Pt. I, p. 335; Mar. 4, 1966, No. 1598, § 4, Sess. L. 1966, p. 71; Mar. 3, 1967, No. 1862, § 1, Sess. L. 1967, p. 30; June 4, 1968, No. 2238, § 8, Sess. L. 1968, Pt. II, p. 45; Oct. 23, 1970, No. 2850, Sess. L. 1970, p. 341; Oct. 13, 1994, No. 6033, § 1(p), Sess. L. 1994, p. 249; amended Oct. 5, 2012, No. 7442, § 1, Sess. L. 2012, p. 340.

Volunteer Corps, Volunteer Fire Service and Police Auxiliary (a) Members, officers and trainees of: (1) the National Guard of the Virgin Islands; (2) the Volunteer Fire Service of the Virgin Islands, the Virgin Islands Police Auxiliary; (3) St. Croix Rescue, Inc., St. Thomas Rescue, Inc., St. John Rescue, Inc., Water Island Search and Rescue, Inc., Community Emergency Response Teams (CERT), and Emergency Medical Technicians certified by the Department of Health when working as a volunteer with any other volunteer emergency responder while off duty; and (4) EMTs licensed in the Virgin Islands who are not otherwise covered by this section and who volunteer their services in the field, within territorial healthcare facilities and while carrying out emergency land, air or sea medical transports; (5) Qualified members of the Virgin Islands Medical Reserve Corps adhering to the policies and procedures of that body. For purposes of this section "Medical Reserve Corps" means "the community- based network of medical and public health volunteers that assists public health efforts in times of special need or disaster, including during a major communicable disease outbreak a mass casualty incident, an earthquake, hurricane, flood, fire, evacuation or an act of terrorism"; and (6) volunteers from outside the Territory; who, at the request of the Governor a host entity as defined in 23 V.I.C., § 1092(10) or the VITEMA, render service in the Virgin Islands in connection with an emergency or a disaster, shall be deemed with respect to the performance of their duties as such members, officers or trainees, to be in the employment of the Government of the Virgin Islands for the purposes of this section, and every such member, officer, or trainee or his survivors, shall be entitled to the benefits accorded by this chapter to employees covered by its provisions; provided, that any officer, member, or trainee of Water Island Search and Rescue, Inc., (CERT), St. Croix Rescue, Inc., St. Thomas Rescue, Inc. and St. John Rescue, Inc., in addition to the foregoing will be deemed, with respect to the performance of his duties as such officer, member, or trainee, to be in the employment of the Government of the Virgin Islands, when rendering service, traveling to, at the scene or activity, and returning from rendering service in the Virgin Islands in connection with the authorized activities of Water Island Search and Rescue, Inc., (CERT), St. Croix Rescue, Inc., St. Thomas Rescue, Inc. and St. John Rescue, Inc., or an emergency as defined in subsection (d) of this section, and provided, further that officers, members and trainees of Water Island Search and Rescue, Inc., (CERT), St. Croix Rescue, Inc., St. Thomas Rescue, Inc. and St. John Rescue, Inc., Virgin Islands-licensed EMTs, in order to be deemed in the employment of the Government of the Virgin Islands entitled to the benefits as provided under this chapter shall not be required to have a request of the Governor or the VITEMA in connection with an emergency or disaster and need only be in the performance of their duties as such officer, member, or trainee. (b) For the purpose of subsection (a) of this section, a member or trainee who receives no monetary compensation for services rendered as such member or trainee shall be deemed to have received such wages as will qualify him for maximum benefits applicable with respect to injury, disability, or death, according to the provisions of this chapter. (c) In the event that any person who is entitled to receive benefits through the application of subsection (a) of this section receives, in connection with the injury, disability, or death giving rise to such settlement, benefits under an Act of Congress or Federal Program providing benefits for civil defense workers or their survivors, the benefits payable hereunder shall be reduced in proportion to the benefits received under such other Act or Program. The provisions of subsection (a) of this section shall not be applied in the case of any person who is otherwise entitled under this chapter to receive workers' compensation administration benefits for an injury, disability or death which would be compensable under subsection (a) of this section. (d) The term emergency, when referring to Water Islands Search and Rescue, Inc., and CERT, St. Croix Rescue, Inc., St. Thomas Rescue, Inc., St. John Rescue, Inc., Virgin Islands-licensed EMTs and Medical Reserve Corps in addition to the meaning provided in Title 23, section 1124, subsection (a), shall mean an unexpected or unintended event, serious occurrence or situation which urgently requires prompt action by a volunteer officer, member or trainee of Water Islands Search and Rescue, Inc., and CERT, St. Croix Rescue, Inc., St. Thomas Rescue, Inc., St. John Rescue, Inc., Medical Reserve Corps and Virgin Islands- licensed EMTs and EMT trainees in order to save lives or prevent bodily injuries. History: Amended June 10, 1959, No. 459, § 1, Sess. L. 1959, p. 66; Feb. 8, 1973, No. 3363, § 2, Sess. L. 1972, p. 561; Oct. 26, 1977, No. 4048, § 2, Sess. L. 1977, p. 243; Apr. 3, 1978, No. 4115, § 3, Sess. L. 1978, p. 53; Aug. 10, 1978, No. 4192, Sess. L. 1978, p. 211; Dec. 29, 1986, No. 5233, § 6, Sess. L. 1986, p. 413; July 19, 1990, No. 5585, §§ 1, 2, Sess. L. 1990, p. 251; Oct. 13, 1994, No. 6033, § 2(b), Sess. L. 1994, p. 254; Dec. 1, 2001, No. 6481, § 8, Sess. L. 2001, p. 351; Sept. 18, 2002, No. 6570, § 63, Sess. L. 2002, p. 558; Jan. 27, 2010, No. 7143, §§ 1(a), (b)(1)-(3), 2, 5(1.)-(3.)(A)-(C), Sess. L. 2009, pp. 307-309; Apr. 7, 2010, No. 7156, § 2, Sess. L. 2010, p. 12.

Disability Or Death From Hypertension Or Heart Disease Any condition of impairment of health caused by hypertension or heart disease resulting in total or partial disability or death to a member of the Virgin Islands Police Force, a prison guard and matron or a member of the Fire Division of the U.S. Virgin Islands Police Department (V.I.P.D.) who successfully passed a physical examination on entry into such service, which examination failed to reveal any evidence of such condition, shall be presumed to have been suffered in the performance of his duty and he shall be entitled to all benefits under this chapter. History: Added June 15, 1961, No. 762, Sess. L. 1961, p. 109; amended Jan. 27, 1966, No. 1557, Sess. L. 1966, p. 11; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

(a) When an employer is insured under this chapter, the right herein established to obtain compensation shall be the only remedy against the employer; but in case of accident to, or disease or death of, an employee not entitled to compensation under this chapter, the liability of the employer is, and shall continue to be the same as if this chapter did not exist. (b) For the purposes of this section, a contractor shall be deemed the employer of a subcontractor's employees only if the subcontractor fails to comply with the provisions of this chapter with respect to being an insured employer. The "statutory employer and borrowed servant" doctrine are not recognized in this jurisdiction, and an injured employee may sue any person responsible for his injuries other than the employer named in a certificate of insurance issued under section 272 of this title. History: Amended June 15, 1961, No. 762, Sess. L. 1961, p. 109; Feb. 27, 1986, No. 5145, § 1(a), Sess. L. 1986, p. 25.

(a) An employer shall rehire any employee who- (1) has been disabled and thereby unable to continue his employment, as certified under this chapter, and (2) immediately after the termination of the disability, applies to the employer for reemployment in the position which he held, at the time of the injury, or in a substantially equivalent position, unless the employer satisfies the Director either that the employee, as a result of the injury, will be unable to resume in full his previous obligations and duties, or that the employer had terminated the employment after the accident for just cause. An employee terminated for just cause may not receive disability benefits. No employee rehired under this section may be subsequently dismissed without just cause. (b) The Director shall enforce the provisions of this section by order after hearing. History: Amended Aug. 9, 2024, No. 8859, § 1(v), Sess. L. 2024, p. -.

(a) Every employer shall keep a record of all injuries, fatal, or otherwise, received by its employees in the course of their employment. Within 48 hours after notice is received, or should have been received by the employer of an accident resulting in personal injury, which shall cause a loss of time from regular duties beyond the working day or shift on which the accident occurred, or which shall require medical attention beyond ordinary first aid or more than two treatments by a physician or person rendering first aid, a report thereof shall be made in writing by the employer to the administrator of the Workers' Compensation Administration upon forms, procured from the officer of the Workers' Compensation Administration for that purpose. Such report shall state the name and nature of the business of the employer, the location of its establishment or place of work, the name, address and occupation of the injured and such other information as may be required by the administrator. An employer shall furnish a report of an occupational disease incurred by an employee in the course of his or her employment upon the same form. Upon receiving a report, the administrator, within 48 hours, shall provide the injured employee, or in the case of death, his or her dependents with a written statement of their rights under this chapter, in a form prescribed by the administrator. (b) An employer who refuses or neglects to make a report as required by this section shall be guilty of a misdemeanor, punishable by a fine of not more than two thousand dollars ($2,000). The administrator may, after a hearing, impose a penalty of not more than five thousand dollars ($5,000) upon an employer who refuses or neglects to make such a report. (c) The Workers' Compensation Administration is hereby authorized to promulgate the rules and regulations necessary to carry out the provisions of this section. (d) An employer shall respond to a payroll inquiry not later than ten days after the inquiry. The Director of the Workers' Compensation Administration shall impose a fine of $250 when an employer fails to respond within the ten days. The Director of the Workers' Compensation Administration shall recommend to the Commissioner of Licensing and Consumer Affairs that the employer's business license be suspended until the payroll inquiry has been completed. History: Added Oct. 13, 1994, No. 6033, § 1(s), Sess. L. 1994, p. 249; amended Aug. 9, 2024, No. 8859, § 1(w), Sess. L. 2024, p. -.

Benefits (a) It shall be prohibited for any employer to inquire into, or to consider for the purpose of assessing fitness or capability for employment, whether a job applicant with regard to employment has filed for or received benefits under this chapter or to discriminate against a job applicant with regard to employment on the basis of that claimant having filed for or received benefits under this chapter. An individual aggrieved under this subsection may initiate proceedings in a court of competent jurisdiction seeking damages, including reasonable attorney fees, for violation of this subsection. (b) An employer who violates the provisions of subsection (a) of this section shall be guilty of a misdemeanor, and upon conviction shall be fined not more than two thousand dollars ($2,000) for a first offense and not more than five thousand dollars ($5,000) for a subsequent offense. (c) In addition to the criminal penalties as provided under subsection (b) of this section, the Commissioner of Labor may, after a hearing, impose a penalty against such employer in an amount not to exceed five thousand dollars ($5,000). History: Added Oct. 13, 1994, No. 6033, § 1(s), Sess. L. 1994, p. 249; amended Aug. 9, 2024, No. 8859, § 1(x), Sess. L. 2024, p. -.

(a) The Commissioner of Labor may employ additional staff, if necessary, in order to record the testimony and evidence at hearings conducted by the Administrative Law Judge. (b) The record, or minutes, of the hearing shall be transcribed in every case and shall be kept by the Commissioner of Labor. Upon a request to review by a party to the proceeding, the transcripts shall be provided by the Commissioner of Labor not later than 7 working days after the date such request has been received by the Workers' Compensation Administration. (c) The Workers' Compensation Administration, Administrative Law Judge, Commissioner of Labor member, administrator or section head may request a transcript, for a review of the hearing at their own initiative. (d) A party in interest may also request a transcript, either for their own personal use or for appeal to the courts. (e) The Commissioner of Labor shall establish a reasonable per page cost for the purchase of such transcripts, which is to be paid for by the requesting party, provided, however, that the transcripts provided to the Workers' Compensation Administration's Hearing Officer, Administrative Law Judge, Commissioner of Labor member, administrator, section head, or other branch or division of the government, upon their request, shall be free of charge. (f) When the claimant or his representative is the person ordering the transcripts, and the request is made at the time of the hearing, the cost shall be fifty percent 50%) of the price which is charged to any other party an interest. (g) Transcripts shall not be provided to anyone who is not a party in interest unless the Commissioner of Labor is furnished with a properly executed written authorization from the claimant, or his or her attorney, consenting to the release of the transcript. History: Added Oct. 13, 1994, No. 6033, § 1(s), Sess. L. 1994, p. 249; amended Aug. 9, 2024, No. 8859, § 1(y), Sess. L. 2024, p. -.

(a) The WCA shall establish an Employee Assistance Unit (EAU), one of whom shall speak fluent Spanish, to assist injured or disabled employees, persons claiming death benefits, employer, and other persons in protecting their rights and obtaining information available under the WCA law. (b) Each employer shall notify his or her employees of the EAU in a manner prescribed by the administrator of the Workers' Compensation Administration. The notice shall in (one or more) conspicuous be posted places in the work first report of accident form required by this chapter. The EAU shall provide each employee with a lost-item accident claim written notice of workers' compensation assistance that is available. The notice shall include a telephone number for employees to reach WCA Offices. History: Added Oct. 13, 1994, No. 6033, § 1(s), Sess. L. 1994, p. 249.

Review Conference (a) The Workers' Compensation Administration hereby establishes a Dispute Resolution Unit (DRU) among its staff, one of whom shall speak fluent Spanish. These staff persons shall be trained in the principles and procedures of dispute mediation and shall assist injured or disabled employees, persons claiming death benefits, employers, and other persons in protecting their rights and resolving disputes with respect to workers' compensation matters. (b) Provided that the employer and the employee agrees to participate in a benefit review conference, the person shall meet with, or otherwise provide information to injured or disabled employees, investigate complaints, and communicate with employers and health care providers on behalf of injured or disabled employees. (c) Employees in the DRU shall be classified employees and demonstrate familiarity with the Workers' Compensation Administration law. (d) Each employer shall notify his or her employees of the DRU in a manner prescribed by the administrator of the Workers' Compensation Administration. The notice shall include the posting of a notice in one or more conspicuous places in the work place. The administrator shall also clearly describe the availability of the DRU on the first report of the accident form required by this chapter. The DRU shall provide each employee with a lost-time accident claim written notice of workers' compensation assistance that is available. The notice shall include a telephone number for employees to reach WCA Offices. (e) The Administrator shall institute and maintain an education and training program for employees in the DRU. Training shall include the principles and procedures of dispute mediation. The administrator may consult or contract with the Federal Mediation and Conciliation Service or other appropriate organizations to accomplish this purpose. (f) For the purposes of this chapter, a benefit review conference is a non-adversarial, informal dispute resolution proceeding designed to: (1) explain, orally and in writing, the rights of the respective parties to a workers' compensation claim and the procedures necessary to protect those rights; (2) discuss the facts of the claim, review available information in order to evaluate the claim, and delineate the disputed issues; (3) mediate and resolve disputed issues by mutual agreement of the parties in accordance with this chapter and the rules and regulations of the Workers' Compensation Administration (WCA). (g) Employees in the DRU may conduct benefit review conferences. In conducting these sessions, the employees of the DRU: (1) shall mediate disputes between parties and assist with the claims consistent with this chapter and the policies of the WCA. (2) shall inform all parties of their rights and responsibilities under this chapter, especially in cases in which a party is not represented by an attorney or other representative. The employee shall be advised in writing, which shall be notarized, of his or her right to be represented by counsel, and of his or her right to have any settlement of his or her claim reviewed by a court of competent jurisdiction at any time within sixty (60) days after the date of the settlement and at the end of sixty (60) days, it shall be final and irrevocable; (3) shall ensure that all documents and information relating to the employee's wages, medical condition, and any other information pertinent to the resolution of disputed issues are contained in the claim file at the conference, especially in cases in which the employee is not represented by an attorney or other representative; (4) may reschedule a benefit review conference if he or she determines that available information pertinent to the resolution of disputed issues is not produced at the first benefit review conference; (5) may not take testimony but may direct questions to an employee, an employer, or any other party to supplement or clarify information in a claim file. History: Added Oct. 13, 1994, No. 6033, § 1(s), Sess. L. 1994, p. 249.

Interlocutory Orders, Final Determinations of Liability (a) A dispute may be resolved either in whole or in part at the benefit review conference. If the conference results in the resolution of some of the disputed issues by mutual agreement or in a settlement, the DRU shall reduce the agreement or the settlement in writing. The DRU and each party, or the designated representative of the party shall sign the agreement or settlement. A settlement reached hereunder shall, unless otherwise provided herein, be effective on the date of the settlement is signed. (b) An agreement signed pursuant to this section shall be binding on all parties through the final conclusion of all matters relating to the claim, unless within 60 days after the agreement is signed or approved, the court, on a finding of fraud, newly discovered evidence, or other good cause, shall relieve all parties of the effect of the agreement. (c) If the dispute is entirely resolved at the benefit review conference, the DRU shall prepare a written report, which shall not be admissible into evidence in any court, that includes: (1) a statement of each resolved issue; (2) the DRU's recommendations regarding the payment or denial of benefits; (3) no permission of the court is required by an attorney to represent any party before the DRU. (d) The DRU shall file the signed agreement and the report with the Workers' Compensation Administration. (e) If an agreement, either partially or wholly, is not reached under the provisions of this section, then the DRU shall file a notice to the administrator for process under section 256 of this chapter. History: Added Oct. 13, 1994, No. 6033, § 1(s), Sess. L. 1994, p. 249.

(a) The Workers' Compensation Administration shall establish a Rehabilitation Services Unit (RSU) staffed by a team of employees trained in providing assistance to persons of the dependents of persons who have been partially or permanently disabled by a job-related injury. (b) Employees of the RSU shall provide direct services such as counseling, indirect services such as regressing claimants to where they can receive suitable treatment for their injury, or any other type of assistance they might require to facilitate the rehabilitation process. History: Added Oct. 13, 1994, No. 6033, § 1(s), Sess. L. 1994, p. 249.

Construction (a) As a guide to the interpretation and application of this chapter, the public policy of the Virgin Islands is declared to be as follows: Economic insecurity due to unemployment is a threat to the health, morals, and welfare of the people of the Virgin Islands, and protection against this hazard requires appropriate action by the Legislature. The systematic accumulation of funds during periods of employment from which benefits may be paid for periods of unemployment would sustain the morale and conserve the skills and standards of living of those who became unemployed, by enabling them to meet their essential expenses for a reasonable period until they are able to obtain suitable work. Essential consumer purchasing power would thereby also be maintained, thus helping to sustain the confidence of the community and the general level of economic activity. The Legislature therefore declares that, in its considered judgment, the public good and the general welfare of the people of the Virgin Islands require the enactment of this measure for the compulsory setting aside of reserves to be used for the benefit of unemployed persons. (b) This chapter shall be known and may be cited as the "Virgin Islands Unemployment Insurance Act." It shall be liberally construed to accomplish its purpose to promote employment security by providing through the accumulation of reserves for the payment of compensation to individuals with respect to their unemployment. History: Added June 19, 1961, No. 767, Sess. L. 1961, p. 125; amended June 25, 1963, No. 1036, § 4, p. 401.

As used in this chapter, unless the context clearly requires otherwise- (a) "Aggregate reserve ratio" is calculated by dividing the net trust fund balance (cash balance minus outstanding loans) as of September 30 of the current year by total wages paid for insured work by contributory employers for the twelve-month period ending the prior December 31. (b) "Alternate base period" means the most recent four completed calendar quarters immediately preceding the first day of an individual's benefit year which is substituted for the base period pursuant to section 303(b)(3), and with respect to a combined-wage claim pursuant to the arrangement approved by the United States Secretary of Labor in accordance with section 314(b), the period applicable under the unemployment compensation law of the paying state. (c) "American vessel" means any vessel documented or numbered under the laws of the United States; and any vessel which is neither documented or numbered under the laws of the United States nor documented under the laws of any foreign country, if its crew performs service solely for one or more citizens or residents of the United States or corporations organized under the laws of the United States, of any State, or of the Virgin Islands, and the term "American aircraft" means an aircraft registered under the laws of the United States. (d) "Average high cost multiple" means a measure of trust fund solvency used to determine the fund solvency contribution rate in effect for the following calendar year by dividing the aggregate reserve ratio by the average high cost rate as shown in the following formula: Average High Cost Multiple = Aggregate Reserve Ratio ÷ Average High Cost Rate. (e) "Average high cost rate" is calculated by averaging the three highest annual benefit cost rates in the last twenty calendar years ending before September 30 of each year, where the Benefit Cost Rate is the Total Annual Benefits as a percent of the Total Wages for the year. (f) "Base contribution rate" is calculated by taking the average of the total benefits paid in each year divided by the total for insured work for contributory employers in each year for the previous twenty calendar years. This amount shall then be converted to a rate on taxable wages by multiplying by the ratio of total wages to taxable wages in the previous calendar year. This calculation is designated by the following formula: Average of (Benefits Paid ÷ Total Wages for last twenty calendar years) x (Total Wages ÷ Taxable Wages for prior year). (g) "Base period" means the first 4 of the last 5 completed calendar quarters immediately preceding the first day of an individual's benefit year. With respect to claims filed under the arrangement for combining wages and employment provided for in section 314(b), "base period" means the base period of the paying state. (h) "Benefit cost rate" means total annual benefits in a year divided by total wages in the same year. (i) "Benefits" means the money payments payable to an individual, as provided in this chapter, with respect to his unemployment. (j) "Benefit year" means the 1-year period beginning with the first day of the week in which an insured worker first files a request for determination of his insured status, and thereafter the 1-year period beginning with the first day of the week as of which he files such request after the end of his last preceding benefit year. The filing of a notice of unemployment shall be deemed a request for determination of insured status if a current benefit year has not previously been established. With respect to claims filed under the arrangement for combining wages and employment provided for in section 314(b), "benefit year" means the benefit year of the paying state. (k) "Calendar quarter" means the period of three consecutive calendar months ending on March 31, June 30, September 30, or December 31. (l) "Claimant" means an individual who has filed a request for a determination of insured status, a notice of unemployment, a certification for waiting-week credit, or a claim for benefits. (m) "Commissioner" means the Commissioner of Labor of the Virgin Islands or his duly authorized representative. (n) "Contributions" means the money payments required by this chapter to be made into the Unemployment Fund by an employer required to make such payments under section 308(b). "Payments in lieu of contributions" means an amount equal to the amount of regular benefits plus one half of the extended benefits to be paid into the Unemployment Fund by an employer who has elected such method of payment or is required to make such payments. Governmental entities liable for payments in lieu of contributions shall pay into the Unemployment Fund 100 percent of the amount of extended benefits based on service in their employ for weeks of unemployment beginning on or after January 1, 1979. (o) "Cumulative taxable wages" mean the total amount of taxable wages of all contributing employers in the Territory for a specified time period utilized in the table set forth in section 308(b)(7) of this chapter to determine an employer's tax rate interval group. (p) "Employer" means any person, firm, corporation, limited liability company, or other type of organization that: (1) Hires one or more individuals to perform services for its direct benefit during any portion of the day; (2) Acquires a business, or substantially all of the operating assets of a business, of an employer at the time of purchase, or forms a business by merging or affiliating two or more employers; (3) Is a non-profit organization exempt from income tax under title 26, section 501(a) or 501(c)(3) of the I501(c)(3) of the Internal Revenue Codes that pays employees five hundred dollars or more in a calendar quarter, and has one or more employees; (4) For some portion of a day, in each of twenty, not necessarily consecutive weeks, in the current or preceding calendar year employs individuals in agricultural labor as defined in subsection (k)(l)(J) of this section; or (5) Is a political subdivision of the Government of the Virgin Islands including its agencies, boards, departments, instrumentalities, commissions, corporations and other government entities. (q) "Employing unit" means: (1) Any individual or type of organization including the Government of the Virgin Islands and any other governmental entity referred to in section 302(k)(1)(B), any partnership, association, trust, estate, joint stock company, insurance company, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or successor of any of the foregoing, or the legal representative of a deceased person, which has, or subsequent to December 31, 1961, had, one or more individuals performing service for it within the Virgin Islands. (2) All individuals performing service within the Virgin Islands for any employing unit which maintains two or more separate establishments within the Virgin Islands shall be deemed to be performing service for a single employing unit for all the purposes of this chapter. (3) Each individual engaged to perform or to assist in performing the work of any person in the service of an employing unit shall be deemed to be engaged by such employing unit for all the purposes of this chapter, whether such individual was engaged or paid directly by such employing unit or by such person, provided the employing unit had actual or constructive knowledge of the work. (r) "Employment" means: (1) any service performed prior to January 1, 1978, which was employment as defined in this subsection prior to such date and, subject to the other provisions of this subsection, (A) service performed after December 31, 1977, including service in interstate commerce by (i) any officer of a corporation; or (ii) any individual who under subdivision (5) of this subsection shall be deemed to perform service in employment subject to this chapter; or (iii) any individual other than an individual who is an employee under subdivision (i) or (ii) who performs services for remuneration for any person- (I) as an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverages (other than milk), or laundry or dry-cleaning services, for his principal; (II) as a traveling or city salesman, other than as an agent-driver or commission-driver, engaged upon a full-time basis in the solicitation on behalf of, and the transmission to, his principal (except for sideline sales activities on behalf of some other person) of orders from wholesalers, retailers, contractors, or operators of hotels, restaurants, or other similar establishments for merchandise for resale or supplies for use in their business operations; (III) a life insurance salesman; or (IV) a home-worker performing work, according to specifications furnished by the person for whom services are performed on materials or goods furnished by such person which are required to be returned to such person or a person designated by him; Provided, that for the purposes of subparagraph (iii) above the term "employment" shall include services in subparagraphs (I), (II), (III), and (IV) above performed after December 31, 1977, only if the contract of service contemplates that substantially all of the services are to be performed personally by such individual, the individual does not have a substantial investment in facilities used in connection with the performance of the services (other than facilities for transportation) and the services are not in the nature of a single transaction that is not part of a continuing relationship with the person for whom the services are performed; (B) service performed after December 31, 1977, in the employ of the Government of the Virgin Islands or any political subdivision thereof or any instrumentality of any one or more of the foregoing which is wholly owned by the Government of the Virgin Islands and one or more other States or political subdivisions, or any service performed in the employ of any instrumentality of the Government of the Virgin Islands or of any political subdivision of the Virgin Islands and one or more other States or political subdivisions, provided that such service is excluded from "employment" as defined in the Federal Unemployment Tax Act by section 3306(Federal Unemployment Tax Act excsection 3306(c)(7)ment" under section 302(k)(1)(D) of this chapter. (C) service performed after December 31, 1977, by an individual in the employ of a religious, charitable, educational or other organization which is excluded from the term "employment" as defined in the Federal Unemployment Tax Act solely by reasonFederal Unemployment Tax Actis chapter; s(D)ion 3306(c)(8)ses of paragraphs (B) and (C) the term "employment" paragraphs (B) and (C)e exclusions in section 302(k)(6); (E) the term "employment" shall include the service of an individual who is a citizen of the United States, performed outside the United States (except in Canada), after December 31, 1977, in the employ of an American employer (other than service which is deemed "employment" under the provisions of subparagraphs (2) and (3) of this subsection or the parallel provisions of another State's law), if: (i) the employer's principal place of business in the United States is located in the Virgin Islands; or (ii) the employer has no place of business in the United States, but (I) the employer is an individual who is a resident of the Virgin Islands; or (II) the employer is a corporation which is organized under the laws of the Virgin Islands; or (III) the employer is a partnership or a trust and the number of the partners or trustees who are residents of the Virgin Islands is greater than the number who are residents of any one other State; or (iii) none of the criteria of divisions (i) and (ii) of this subparagraph idivisions (i) and (ii) has elected coverage in the Virgin Islands or, the employer having failed to elect coverage in any State, the individual has filed a claim for benefits, based on such service, under the law of the Virgin Islands. (iv) An "American employer", for purposes of this paragraph, means a person who is (I) an individual who is a resident of the United States; or (II) a partnership if two-thirds or more of the partners are residents of the United States; or (III) a trust, if all of the trustees are residents of the United States; or (IV) a corporation organized under the laws of the United States or of any State. (F) Notwithstanding section 302(k)(2), all service performed after December 31, 1961, by an officer or member of the crew of an American vessel or aircraft, if the operating office, from which the operations of such aircraft or such vessel operating on navigable water within or within and without the United States are ordinarily and regularly supervised, managed, directed and controlled, is within the Virgin Islands; and (G) Notwithstanding any other provisions of this subsection, service with respect to which a tax is required to be paid under any Federal law imposing a tax against which credit may be taken for contributions required to be paid into a State unemployment fund or which as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act is required to be covered under this act. (H) The term "employment" shall include an individual's service after December 31, 1977, wherever performed within the United States or Canada if such service is not covered under the unemployment compensation law of any other State or Canada and the place from which the service is directed or controlled is in the Virgin Islands. (I) (i) For the purposes of this subsection (k), with respect to service performed after December 31, 1977, by an individual in agricultural labor as defined in subparagraph (J) of this paragraph, any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other person shall be treated as an employee of such crew leader- (I) if such crew leader holds a valid certificate of registration under the Farm Labor Registration Act of 1963; or substFarm Labor Registration Act of 1963ew operate or maintain tractors, mechanized harvesting or crop-dusting equipment, or any other mechanized equipment, which is provided by such crew leader; and (II) if such individual is not an employee of such other person within the meaning of subparagraph (A) of subsection (k)(1). (ii) For the purposes of this subparagraph (I), in the case of any individual who is furnished by a crew leader to perform service in agricultural labor for any other person and who is not treated as an employee of such crew leader under division (i)- (I) such other person and not the crew leader shall be treated as the employer of such individual; and (II) such other person shall be treated as having paid cash remuneration to such individual in an amount equal to the amount of cash remuneration paid to such individual by the crew leader (either on his own behalf or on behalf of such other person) for the service in agricultural labor performed for such other person. (iii) For the purposes of this subparagraph (I), the term "crew leader" means an individual who- (I) furnishes individuals to perform service in agricultural labor for any other person, (II) pays (either on his own behalf or on behalf of such other person) the individuals so furnished by him for the service in agricultural labor performed by them, and (III) has not entered into a written agreement with such other person under which such individual is designated as an employee of such other person. (J) For the purposes of subparagraph (I) of this paragraph, the term "agricultural labor" means remunerated service: (i) on a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and fur-bearing animals and wildlife; (ii) in the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such service is performed on a farm; (iii) in connection with the production or harvesting of any commodity defined as an agricultural commodity in section 15(g) of the Agricultural Marketing Act, as amended (46 StAgricultural Market3Act2 U.S.C. 114j 46 Stat. 1550, section 24e gi12 U.S.C. 114jn, or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for profit, used exclusively for supplying and storing water for farming purposes; (iv) (I) in the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity; but only if such operator produced more than one-half of the commodity with respect to which such service is performed; (II) in the employ of a group of operators of farms (or a cooperative organization of which such operators are members) in the performance of service described in subdivision (I), but only if such operators produced more than one-half of the commodity with respect to which such service is performed; (III) the provisions of subdivisions (I) and (II) shall not be deemed to be applicable with respect to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption; or (v) on a farm operated for profit if such service is not in the course of the employer's trade or business. (vi) As used in this subparagraph (J), the term "farm" includes stock, dairy, poultry, fruit, fur- bearing animals, and truck farms, plantations, ranches, nurseries, ranges, green-houses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards. (2) The term "employment" shall include an individual's entire service performed within, or both within and without, the Virgin Islands if the service is localized in the Virgin Islands. Service shall be deemed to be localized in the Virgin Islands if- (A) the service is performed entirely within the Virgin Islands; or (B) the service is performed both within and without the Virgin Islands but the service performed without the Virgin Islands is incidental to the individual's service within the Virgin Islands; for example, is temporary or transitory in nature or consists of isolated transactions. (3) The term "employment" shall include an individual's entire service, performed within, or both within and without, the Virgin Islands if the service is not localized in any place but some of the service is performed in the Virgin Islands and- (A) the individual's base of operations is in the Virgin Islands; or (B) if there is no base of operations, then the place from which service is directed or controlled is in the Virgin Islands; or (C) the individual's base of operations or place from which such service is directed or controlled is not in any place in which some part of the service is performed, but the individual's residence is in the Virgin Islands. (4) Service covered by an election pursuant to section 307 of this title, and service covered by an election duly approved by the Director in accordance with an arrangement pursuant to section 314(c) of this title shall be deemed to be employment during the effective period of the election. (5) Service performed by an individual shall be deemed to be employment subject to this chapter irrespective of whether the common-law relationship of master and servant exists, unless and until it is shown to the satisfaction of the Director that- (A) such individual has been and will continue to be free from control and direction in connection with the performance of such service, both under his contract for the performance of service and in fact; and (B) such service is performed either outside the usual course of the business for which the service is performed or is performed outside of all the places of business of the enterprise for which the service is performed; and (C) such individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed. (6) The term "employment" shall not include- (A) service not in the course of the employing unit's trade or business performed in any calendar quarter by an individual unless the cash remuneration paid for such service is $50 or more and such service is performed by an individual who is regularly employed by such employing unit to perform such service. For the purposes of this paragraph, an individual shall be deemed to be regularly employed by an employing unit during a calendar quarter only if: (i) on each of some 24 days during such quarter such individual performs such service for some portion of the day, or (ii) such individual was regularly employed (as determined under clause (i)) by such employing unit in the performance of such service during the preceding calendar quarter; (B) service performed by an individual in any calendar quarter in the employ of an organization exempt from income tax under section 501(a) (other than an organization described in section 401(a)) or under section 521 of the Federal Internal Revenue Code, if the remuneration for such service is less than $50; (C) (i) service performed in the employ of a school, college or university, if such service is performed by a student who is enrolled and is regularly attending classes at such school, college or university and (ii) service performed by an individual under the age of 22 who is enrolled at a nonprofit or public educational institution which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at a place where its educational activities are carried on, as a student in a full-time program, taken for credit at such institution, which combines academic instruction and work experience, if such service is an integral part of such program, and such institution has so certified to the employer, except that this subparagraph shall not apply to service performed in a program established for or on behalf of an employer or group of employers. (D) service performed in the employ of a hospital, if such service is performed by a patient of such hospital as defined in subsection (m). (E) service performed (i) in the employ of a church or convention or association of churches or in the employ of an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or convention or association of churches; or (ii) by a duly ordained, commissioned or licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by such order; or (iii) in the employ of a governmental entity referred to in section 302(k)(1)(B) if such service is performed by an individual in the exercise of duties- (I) as an elected official; (II) as a member of a legislative body, or a member of the judiciary, of the Virgin Islands; (III) as a member of the Virgin Islands National Guard or Air National Guard; (IV) as an employee serving on a temporary basis in case of fire, storm, earthquake, flood or similar emergency; (V) in a position which, under or pursuant to the laws of the Virgin Islands is designated as (i) a major nontenured policymaking or advisory position, or (ii) a policymaking or advisory position the performance of the duties of which ordinarily does not require more than 8 hours per week; (iv) in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market, by an individual receiving such rehabilitation or remunerative work; or (v) as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any Federal agency or an agency of a State or a political subdivision thereof by an individual receiving work relief or work training; Provided, That this exclusion shall not apply to services performed for which the Comprehensive Employment and Training Act of 1973, as amended, requires unemployment insurance coverage; or (vi) by an inmate of a custodial or penal institution. (F) notwithstanding subsection (k)(2) of this section, service performed by an officer or member of the crew of an American vessel or American aircraft on or in connection with such vessel or aircraft, if the operating office, from which the operations of such aircraft, or vessel operating on navigable waters, within or within and without the United States are ordinarily and regularly supervised, managed, directed and controlled, is without the Virgin Islands; (G) service performed on or in connection with a vessel not an American vessel or an aircraft not an American aircraft by an individual if he performed service on and in connection with such vessel when outside the United States or the Virgin Islands; (H) service performed by an individual in (or as an officer or member of the crew of a vessel while it is engaged in) the catching, taking, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacea, sponges, seaweeds, or other aquatic forms of animal and vegetable life (including service performed by any such individual as an ordinary incident to any such activity), except: (i) service performed in connection with the catching or taking of salmon or halibut, for commercial purposes, and (ii) service performed on or in connection with a vessel of more than 10 net tons (determined in the manner provided for determining the register tonnage of merchant vessels under the laws of the United States); (I) service performed by an individual in the employ of his son, daughter, or spouse, and service performed by a child under the age of 21 and not the head of a family in the employ of his father or mother; (J) Subject to the provisions of section 3305(b) of the Federal Internal Revenue Code, service performed in the employ of the United States Government or an instrumentality of the United States exempt under the Constitution of the United States from the contributions imposed by this chapter, except that to the extent that the Congress of the United States shall permit States to require any instrumentalities of the United States to make payments into an unemployment fund under a State employment security law, all of the provisions of this chapter shall apply to such instrumentalities, and to service performed for such instrumentalities, in the same manner, to the same extent, and on the same terms as to all other employers, employing units, individuals, and service: Provided, That if the Virgin Islands shall not be certified for any year by the Secretary of Labor under section 3304(c) of the Federal Unemployment Tax Act, the payments required of such instrumentalities with respect to such year shall be refunded by the Commissioner from the Fund in the same manner and within the same periods as is provided in section 309(d) with respect to contributions erroneously collected; (K) service with respect to which unemployment insurance is payable under an unemployment insurance program established by an Act of Congress; (L) service performed in the employ of a foreign government (including service as a consular or other officer or employee or a nondiplomatic representative); (M) service performed in the employ of an international organization; (N) service covered by an election duly approved by the agency charged with the administration of any state or federal employment security law, in accordance with an arrangement pursuant to section 314(c) of this title during the effective period of such election; (O) service performed by alien contract workers imported into the Virgin Islands for crop harvesting purposes. (s) "Employment office" means a free public employment office or branch thereof operated by this or any state as a part of a state-controlled system of public employment offices or by a federal agency or any agency of a foreign government charged with the administration of an unemployment insurance program or of free public employment offices. (t) "Estimated wages" means that amount determined by the Commissioner based on an employer's past wage and contribution reports. (u) "Fund solvency contribution rate" means the rate to be added to the base contribution rate based on the solvency of the trust fund for a calendar year and shall be that rate which appears on the same line as the average high cost multiple (rounded to the nearest hundredth) in the fund solvency contribution rate schedule set forth in section 308(b)(4) of this chapter. (v) "Hospital" means an institution which has been approved or certified by the Commissioner of Health of the Virgin Islands as a hospital and licensed as such by the Government of the Virgin Islands. (w) (1) "Institution of higher education" means an educational institution which (A) admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; (B) is legally authorized in the Virgin Islands to provide a program of education beyond high school; (C) provides an educational program for which it awards a bachelor's or higher degree, or provides a program which is acceptable for full credit toward such a degree, a program of post- graduate or post-doctoral studies, or a program of training to prepare students for gainful employment in a recognized occupation; and (D) is a public or other nonprofit institution. (E) Notwithstanding any of the foregoing provisions of this subsection, all colleges and universities in the Virgin Islands are institutions of higher education for purposes of this section. (2) An institution is an educational institution (other than an institution of higher learning) if- (A) it is an educational institution (except an institution of higher education as defined in section 3304(f) of the Federal Unemployment Tax Act) in which participants, trainees, or students are offered an organized course of study or training designed to transfer to them knowledge, skills, information, doctrines, attitudes or abilities from, by or under the guidance of an instructor or teacher; (B) it is approved, licensed or issued a permit to operate as a school by the Government of the Virgin Islands or such department or agency thereof that is authorized within the Virgin Islands to approve, license or issue a permit for the operation of a school; and (C) the courses of study or training which it offers are academic, technical, trade, or preparation for employment in a recognized occupation. (x) "Insured work" means work for any employer as defined in section 302(i) of this title. (y) "Insured worker" means an individual who, with respect to a base period, meets the wage and employment requirement of section 303(a) of this title. (z) "New employer rate" means the initial contribution rate for new employers without an unemployment insurance history. This "new employer rate" remains in effect for three years after which experience rating begins. The new employer rate shall be published yearly by the Commissioner of Labor. (aa) "Payroll change percentage" is calculated by using the following formula: Payroll Change Percentage = 100 x Total Wages (current quarter) - Total Wages (prior quarter) ÷ Average Total Wages ((Total Wages over 12 quarters) ÷ 12). (bb) "Payroll variation index" means a measure of experience rating used to determine an employer's contribution rate for a year and is calculated by computing a payroll change percentage for each quarter over a three-year period and averaging those quarterly changes over the same time period as shown in the following formula: Payroll Variation Index = [(sum of Positive Payroll Change Percentages) + 2 x (sum of Negative Payroll Change Percentages)] ÷ 12. (cc) "State" includes the states of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands. (dd) "Tax rate interval group" means an employer assigned group in which the greater part of the employer's taxable wages falls based upon cumulative tax wages as set forth in the table provided in section 308(b)(7) of this chapter. (ee) "Taxable wages" means wages subject to contributions as defined in section 308(c) of this chapter. (ff) "Total annual benefits" means all benefits paid during a specified time period utilized to determine the average high cost rate. (gg) "Total contribution rate" means the sum of the base contribution rate and the fund solvency contribution rate. (hh) "Total wages" means all wages paid by all employers in the Territory during a specified time period. (ii) "Unemployment Fund" means the Virgin Islands Unemployment Insurance Trust Fund. (jj) "Wages" means: (1) Any remuneration for service from whatever source, including commissions and bonuses and the cash value of remuneration in any medium other than cash. Gratuities customarily received by an individual in the course of his service from persons other than his employing unit and reported by such individual to his employer shall be treated as wages received from his employing unit. Back pay awarded under any statute of the Virgin Islands or of the United States shall be treated as wages. The reasonable cash value of remuneration in any medium other than cash shall be estimated and determined in accordance with regulations prescribed by the Director. If the remuneration of an individual is not based upon a fixed period or duration of time or if his wages are paid at irregular intervals or in such manner as not to extend regularly over the period of employment, for the purpose of a determination of insured status only, the wages shall be allocated to weeks or quarters in accordance with regulations prescribed by the Director. Such regulations shall, so far as possible, produce results reasonably similar to those which would prevail if the individual were paid his wages at regular intervals. (2) Notwithstanding the provisions of paragraph (1) of this subsection, the term wages shall not include- (A) the amount of any payment (including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for any such payment), to, or on behalf of, an individual or any of his dependents under a plan or system established by an employing unit which makes provision generally for individuals performing service for it (or for such individuals generally and their dependents) or for a class or classes of such individuals (or for a class or classes of such individuals and their dependents), on account of: (i) retirement, or (ii) sickness or accident disability, or (iii) medical or hospitalization expenses in connection with sickness or accident disability, or (iv) death; (B) the amount of any payment by an employing unit to an individual performing service for it (including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for any such payment) on account of retirement; (C) the amount of any payment on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability, by an employing unit to, or on behalf of, an individual performing services for it after the expiration of 6 calendar months following the last calendar month in which the individual performed services for such employing unit; (D) the amount of any payment by an employing unit to, or on behalf of, an individual performing services for it or his beneficiary (i) from or to a trust described in section 401(a) of the Federal Internal Revenue Code of 1954 as exempt from tax under section 501(a) of such code at the time of such payment unless such payment is made to an individual performing services for the trust as remuneration for such services and not as a beneficiary of the trust, or (ii) under or to an annuity plan which, at the time of such payments, is a plan described in section 403(a) of the Federal Internal Revenue Code of 1954, or (iii) to a bond purchase plan which, at the time of such payment, is a qualified bond purchase plan described in section 405(a) of the Federal Internal Revenue Code of 1954; (E) the amount of any payment made by an employer unit (without deduction from the remuneration of the individual in its employ) of the tax imposed upon an individual in its employ under section 3101 of the Federal Internal Revenue Code of 1954 with respect to service; or (F) remuneration paid in any medium other than cash to an individual for service not in the course of the employing unit's trade or business; (G) the amount of any payment (other than vacation or sick pay) to an individual after the month in which he attains the age of 65, if he did not perform services for the employing unit in the period for which such payment is made. (H) Remuneration paid to or on behalf of an employee if (and to the extent that) at the time of the payment of such remuneration it is reasonable to believe that a corresponding deduction is allowable under section 217 of the Federal Internal Revenue Code of 1954; (I) back pay awarded by an order directed solely to a union where the employer is not a party to the proceeding; or (J) any payment or series of payments by an employer to an employee or any of his dependents which is paid (i) upon or after the termination of an employee's employment relationship because of death, retirement for disability, or retirement after attaining an age specified in the plan referred to in subparagraph (ii) or in a pension plan of the employer; and (ii) under a plan established by the employer which makes provision for his employees generally or a class or classes of his employees (or for such employees or class or classes of employees and their dependents), other than any such payment or series of payments which would have been paid if the employee's employment relationship had not been so terminated. (K) Notwithstanding any other provisions of this subsection, the term "wages" shall include remuneration with respect to which a tax is required to be paid under the Federal Unemployment Tax Act; and remuneration which, as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act, is required, pursuant to such act, to be "wages" under this chapter. (kk) "Waiting week" means the first week of unemployment occurring in a benefit year in which the worker has complied with all the requirements of section 304 of this title. (ll) "Week" means such period of 7 consecutive days as the Commissioner may by regulation prescribe. (mm) "Week of unemployment" with respect to an individual means any week during which he performs less than full-time work for any employing unit if the wages payable to him with respect to such week are less than $15 plus one and one-third times his weekly benefit amount. History: Added June 19, 1961, No. 767, Sess. L. 1961, p. 125; amended Mar. 29, 1962, No. 863, § 1(a), (b) Sess. L. 1962, p. 109; June 25, 1963, No. 1036, §§ 4, 5, Sess. L. 1963, p. 401; Mar. 10, 1964, No. 1104, § 1, Sess. L. 1964, p. 47; Apr. 15, 1971, No. 2982, § 1, Sess. L. 1971, p. 96; Nov. 29, 1977, No. 4075, §§ 1-25, Sess. L. 1977, pp. 285-297; Sept. 3, 1981, No. 4614, §§ 1, 2, 3(a), 4-6, 35, Sess. L. 1981, pp. 108-110, 120; Dec. 19, 1984, No. 5025, § 1(a)-(c), Sess. L. 1984, p. 398; Sept. 11, 2009, No. 7093, § 1, Sess. L. 2009, p. 162; amended Oct. 6, 2019, No. 8209, § 1(a), (b), Sess. L. 2019, p. 79-81.

Qualifying requirements (a) To qualify as an insured worker, an individual: (1) (A) Shall have been paid at least $858 for insured work in that quarter of his base period in which his total wages were the highest; and (B) Shall have earned total base period wages for insured work equal to at least one and one-half times the wages paid in that quarter of his base period in which his total wages were the highest; or (2) Shall meet the requirements of subparagraph (1)(A) above only, provided he also meets the requirements of paragraph (2) of subsection (b) of this section. Weekly benefit amount (b) Except as provided in subsection (c) of this section, the weekly benefit amount shall be: (1) In the case of an individual who qualifies under paragraph (1) of subsection (a) above, one- sixteenth (1/16) of his total wages for insured work in that quarter of his base period in which such total wages were the highest; or (2) In the case of an individual described in paragraph (2) of subsection (a) above, a preliminary weekly benefit amount shall be calculated as follows: The amount determined by paragraphparagraph (1) subsection less $1.00. Such an individual shall qualify for a weekly benefit in such amount provided that the product of such amount times 39 is equal to or greater than the wages for insured work paid to such worker in his base period; otherwise, he shall not qualify. (3) For benefits years effective on or after July 4, 2010, any individual who fails to meet the eligibility requirements of subsection (a) and this subsection, in the base period as defined in subsection 302(b), the Department shall make a redetermination of eligibility based on the alternate base period as defined in section 302(x). If wage information for the most recent quarter of the alternate base period is not available to the Department from regular quarterly reports of wage information that is systematically accessible, the Department shall gather the necessary data in accordance with rules established for this purpose. Maximum weekly benefit amount (c) The maximum weekly benefit payable to any insured worker during his benefit year shall be an amount equal to sixty-five (65%) percent of the Virgin Islands average weekly wage in insured work in effect on the first day of such benefit year. The Virgin Islands average weekly wage in insured work equals the aggregate amount of wages for services in insured work reported by employers as paid during the four completed calendar quarters ending June 30 immediately prior to the computation date divided by an amount equal to 52 times the 12-month average of the aggregate number of employees paid said wages in the pay period which includes the twelfth day of each month during said four calendar quarters, and reported by such employers. Said Virgin Islands average weekly wage in insured work shall be effective for the following year. Maximum potential benefits (d) The maximum potential benefits of any insured worker in a benefit year shall be an amount equal to the lesser of 16 times his weekly benefit amount or one-third (?) of his base period wages. Benefit for a week of unemployment (e) Any insured worker who has a week of unemployment as defined in section 302(u) of this title and who meets the conditions of eligibility for benefits of section 304 of this title shall be paid with respect to such week an amount equal to his weekly benefit amount less 75 percent of that part of wages (if any) payable to him with respect to such week which is in excess of $15.00. Requalifying requirement (f) No individual may receive benefits in a benefit year unless, subsequent to the beginning of the next preceding benefit year during which he received benefits, he performed service, whether or not in "employment" as defined in section 302(k) of this title, and earned remuneration for such service in an amount equal to not less than the lesser of 3/13 of the individual's high quarter wages or six times his weekly benefit amount. Rounding down of benefits (g) Notwithstanding any other provisions of this law to the contrary, any amount of benefits payable to any individual for any week, if not an even dollar amount, shall be rounded to the next lower full dollar amount. History: Added June 19, 1961, No. 767, Sess. L. 1961, p. 125; amended Sept. 18, 1967, No. 2042, § 1, Sess. L. 1967, p. 433; Apr. 15, 1971, No. 2982, §§ 2-4, Sess. L. 1971, pp. 96-99; May 11, 1977, No. 3978, § 2, Sess. L. 1977, p. 67; Nov. 29, 1977, No. 4075, §§ 26, 27, Sess. L. 1977, p. 298; Sept. 29, 1983, No. 4862, § 2(a), (b), Sess. L. 1983, p. 193; Dec. 19, 1984, No. 5025, § 2(a)-(e), Sess. L. 1984, p. 399; Sept. 14, 1999, No. 6294, § 4, Sess. L. 1999, p. 103; Sept. 11, 2009, No. 7093, § 2, Sess. L. 2009, p. 162; amended Apr. 11, 2024, No. 8827, § 1(a), Sess. L. 2024, p. -.

(a) (1) An insured worker shall be eligible for and shall receive waiting-week credit or benefits, as the case may be, for any week of his unemployment with respect to which he has not been determined to be disqualified under subsection (b) of this section if such worker has, in accordance with regulations prescribed by the Commissioner of Labor, with respect to such week: (A) filed a notice of his unemployment; (B) registered for work; and (C) certified for waiting-week credit or filed a claim for benefits, as the case may be. No benefits are payable for a waiting week and no benefits are payable for any week of unemployment occurring within the benefit year period prior to the completion of such waiting week. (2) Benefits based on service in employment defined in section 302(k)(1)(B) and (C) shall be paysection 24 same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to this chapter except that, with respect to service in an instructional, research, or principal administrative capacity for an educational institution, including an institution of higher education, benefits shall not be paid based on such services for any week of unemployment beginning after December 31, 1977, which commences during the period between two successive academic years or terms, or during a similar period between two regular but not successive terms, or during a period of paid sabbatical leave provided for in the individual's contract, to any individual if such individual performs such services in the first of such academic years (or terms) and if there is a contract or a reasonable assurance that such individual will perform services in any such capacity for any educational institution in the second of such academic years or terms. (3) With respect to services in any other capacity than those described in paragraph (2) above for an educationparagraph (2)n benefits based on such services shall not be paid to any individual for any week of unemployment which begins during a period between two successive academic years or terms if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms, except that if benefits are denied to any individual under this paragraph and such individual was not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms, such individual shall be entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this paragraph. (4) With respect to any services described in paragraphs (2) and (3) abovparagraphs (2) and (3)uch services shall not be paid for any week which begins during established and customary vacation period or holiday recess if such individual performs such services in the period immediately before such vacation period or holiday recess and there is a reasonable assurance that such individual will perform such services in the period immediately following such vacation or holiday recess. (5) With respect to any services described in paragraphs (2) or paragraphs (2)payable on the basis of services in any such capacity shall be denied as specified in paragraphs (2), (3paragraphs (2), (3) and (4)dual who performs such services in any educational institution while in the employ of an educational service agency, and for this purpose the term "educational service agency" means a governmental entity which is established and operated exclusively for the purpose of providing such services to one or more educational institutions. (6) Benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week which commences after December 31, 1977, and during the period between two successive sport seasons (or similar periods) if such individual performed such services in the first of such seasons (or similar periods) and there is a reasonable assurance that such individual will perform such services in the later of such seasons (or similar periods). (7) (A) Benefits shall not be paid for any week which commences after December 31, 1977, on the basis of services performed by an alien unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently residing in the United States under color of law at the time such services were performed (including an alien who was lawfully present in the United States as a result of the application of the provisions of section 203(a)(7) or section 212(d)(5) of the Immigration and Nationality Act). (B) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits. (C) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of his alien status shall be made except upon a preponderance of the evidence. Disqualification (b) An insured worker shall not be disqualified for waiting-week credit or benefits for any week of his unemployment unless with respect to such week the Commissioner of Labor finds that: (1) he was not able to work or was not available for suitable work for such week or was not making reasonable efforts in seeking suitable work on his own initiative in the light of prevailing economic conditions; or (A) he has failed to participate in reemployment services, such as job search assistance services, if the individual has been determined to be likely to exhaust regular benefits and to need reemployment services pursuant to a profiling system established by the Commissioner, unless the Commissioner determines that: (i) the individual has completed such services; or (ii) there is justifiable cause for his failure to participate in such services; or (2) he left his most recent suitable work voluntarily without good cause, in which case he shall be disqualified for the week in which he left work and beginning with the first day of the week following the week in which the separation occurred until he has worked in at least four subsequent weeks (whether or not consecutive) and earned not less than four times his weekly benefit amount; or (3) he was discharged for misconduct connected with his most recent work, in which case he shall be disqualified for the week in which he was discharged and beginning with the first day of the week following the week in which he was discharged until he has worked in at least four subsequent weeks (whether or not consecutive) and earned not less than four times his weekly benefit amount; or (4) he has failed without good cause either to apply for available suitable work to which he was referred by the Employment Service or to accept suitable work offered him, in which case he shall be disqualified for the week in which such failure occurred and beginning with the first day of the week following such week until he has worked in at least four subsequent weeks (whether or not consecutive) and earned not less than four times his weekly benefit amount; or (5) he has received or is seeking unemployment benefits under any other employment security law, for such week or part thereof; but if the appropriate agency finally determines that he is not entitled to benefits under such other law, this paragraph shall not apply; or (6) his unemployment for such week was caused by a labor dispute in active progress at the factory, establishment or premises at which he maintains a current employment relationship. For the purposes of this paragraph each separate department of the same premises which is commonly conducted as a separate business in separate premises shall be deemed to be a separate factory, establishment or premises; Provided, That this paragraph shall not apply if the Commissioner finds that such worker (A) was not participating in, or directly interested in, the labor dispute and did not belong to a grade or class of workers of which immediately before the labor dispute, there were members employed at the premises at which the labor dispute occurred, any of whom were participating in, or directly interested in, the labor dispute; or (B) did belong to a grade or class of workers who were participating in, or directly interested in, a labor dispute that resulted in a lockout of such grade or class of workers by their employer; or (7) he has been suspended by his employer as a disciplinary measure for misconduct connected with his work, in which case he shall be disqualified for the period of such suspension or until he has worked in at least four subsequent weeks (whether or not consecutive) and earned four times his weekly benefit amount, whichever occurs first. (8) Notwithstanding any other provisions of this subsection, no otherwise eligible individual shall be denied benefits for any week because he is in training with the approval of the Commissioner, nor shall such individual be denied benefits with respect to any week in which he is in training with the approval of the Commissioner by reason of the application of provisions in paragraph (1) of this subsection relparagraph (1)availability for work, or the provisions of paragraph (4) of this subsection paragraph (4)failure to apply for, or a refusal to accept, suitable work. (9) Notwithstanding any other provisions of this subsection, no otherwise eligible individual shall be denied benefits for any week solely on the basis of pregnancy or termination of pregnancy. (10) Notwithstanding any other provisions of this chapter, no otherwise eligible individual shall be denied benefits for any week because he or she is in training approved under Section 236(a)(1) of the Federal Trade Act of 1974, 19 U.S.C.2296, 19 U.S.C.19amendments thereto, nor shall such individual be denied benefits by reason of leaving work to enter such training, provided the work left is not suitable employment, or because of the application to any such week in training of provisions in this law (or any applicable federal unemployment compensation law), relating to availability for work, active search for work, or refusal to accept work. For purposes of this paragraph, the term "suitable work" or "suitable employment" means with respect to an individual, work of substantially equal or higher skill level than the individual's past adversely affected employment (as defined for purposes of the Federal Trade Act of 1974, P.L. 93-618, as amended) and wages for such work at not less than 80 percent of the individual's average weekly wage as determined for the purposes of the Federal Trade Act of 1974, P.L. 93-618, as amended. (11) Notwithstanding any other provision of this subsection relating to availability for work, active search for work, or refusal to accept work, no otherwise eligible individual shall be denied benefits for any week solely because such individual is seeking only part-time work. "Seeking part-time work" means a situation in which an individual is willing to work at least 20 hours a week. (12) Notwithstanding any other provisions of this subsection, an individual may not be disqualified for separating from work under any of the following circumstances: (A) (i) The individual is a victim of domestic violence, as defined by title 16 Virgin Islands Code section 91(b) and (c) which is verified by reasonable and confidential documentation or any other kind of evidence that reasonably proves domestic violence that causes the individual reasonably to believe that the individual's continued employment would jeopardize the safety of the individual or any member of the individual's immediate family. (ii) for purposes of the this subparagraph, an individual's "immediate family" includes the spouse or domestic partner of the individual, children, including stepchildren and adoptive children, grandchildren, siblings of the individual, parents and grandparents of the individual and parents and siblings of the individual's spouse or domestic partner and members of the individual's household. (iii) The Commissioner or the Commissioner's designee shall gather sufficient facts to support any eligibility determination which may include verification of the individual's belief that the individual's, continued employment would jeopardize the safety of the individual or a member of the immediate family. The Commissioner may verify the individual's belief by requesting a statement supporting recent domestic violence from a qualified professional from whom the individual has sought assistance, such as a counselor, shelter worker, member of the clergy, attorney, or health worker. (B) Illness or disability exists for a member of the individual's immediate family. For purposes of this subparagraph, "illness" means a verified illness that necessitates the care of the ill person for a period of time longer than the employer is willing to grant leave, paid or otherwise. "Disability" means a verified disability that necessitates the care of the disabled person for a period of time longer than the employer is willing to grant leave, paid or otherwise. "Disability" encompasses all types of disability, including: (i) mental and physical disability; (ii) permanent and temporary disabilities; or (iii) partial and total disabilities. For purposes of this subparagraph an individual's immediate family includes the individual's spouse, children, grandchildren, parents, siblings, and parents-in-law. (C) There is a need for the individual to accompany the individual's spouse: (i) to a place from which it is impractical for such individual to commute; (ii) due to change in location of a spouse's employment. Suitable work (c) (1) Notwithstanding any other provisions of this chapter, no work shall be deemed suitable and benefits shall not be denied under any provision of this chapter to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (A) if the position offered is vacant due directly to a strike, lockout, or other labor dispute; (B) if the wages, hours, or other conditions of work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; (C) if, as a condition of being employed, the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization. (2) In determining whether any work is suitable for a claimant and in determining the existence of good cause for leaving or refusing any work, the Commissioner of Labor shall, in addition to determining the existence of any of the conditions specified in paragraph (1) of this subsection, consider the degree of risk to the claimant's health, safety, and morals, his physical fitness for the work, his prior training and experience, his prior earnings, the length of his unemployment, his prospects for obtaining work at his highest skill, the distance of the available work from his residence, his prospects for obtaining local work, and such other factors as would influence a reasonably prudent person in the claimant's circumstances. (d) The amount of benefits payable to an individual for any week which begins after March 31, 1980, and which begins in a period with respect to which such individual is receiving a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment which is based on the previous work of such individual shall be reduced (but not below zero) by an amount equal to the amount of such pension, retirement or retired pay, annuity or any other payment which is reasonably attributed to such week. Such reduced amount, if not a multiple of $1.00, shall be computed to the next lower multiple of $1.00. However, the amount of benefits payable to an individual under this chapter shall not be reduced with respect to payments made by a labor organization to the individual during the course of a lockout. If such individual has contributed as an employee toward such Governmental or other pension, retirement or retired pay, annuity, or other periodic payment, then the Commissioner shall take such employee contribution into account by disregarding the payment of pension or retirement benefits entirely and may not subject the amount of benefits otherwise payable to such individual under this chapter to any reduction under this subsection. History: Added June 19, 1961, No. 767, Sess. L. 1961, p. 125; amended Mar. 10, 1964, No. 1104, § 2, Sess. L. 1964, p. 47; Apr. 4, 1966, No. 1670, § 6, Sess. L. 1966, p. 136; July 18, 1968, No. 2302, § 1, Sess. L. 1968, Pt. II, p. 264; Nov. 29, 1977, No. 4075, §§ 28-34, Sess. L. 1977, pp. 298-301; Apr. 28, 1980, No. 4424, § 1, Sess. L. 1980, p. 44; Sept. 3, 1981, No. 4614, §§ 7-11, 35, Sess. L. 1981, pp. 110-112, p. 120; Sept. 17, 1982, No. 4741, § 1, Sess. L. 1982, p. 144; Sept. 29, 1983, No. 4862, §§ 1(a), (b), 2(c), Sess. L. 1983, pp. 192, 193; Dec. 23, 1983, No. 4879, § 1, Sess. L. 1983, p. 249; July 30, 1984, No. 4979, § 4(a), (b), Sess. L. 1984, p. 219; Sept. 28, 1994, No. 6020, § 1, Sess. L. 1994, p. 211; Aug. 7, 2007, No. 6934, § 4, Sess. L. 2007, p. 74; Sept. 11, 2009, No. 7093, § 3, Sess. L. 2009, pp. 162, 163.

Benefits (a) Benefits shall be paid solely through public employment offices, or such other agencies as the U.S. Secretary of Labor shall approve, in accordance with regulations prescribed by the Commissioner of Labor. Information to workers on benefit rights (b) The Commissioner of Labor shall supply to each employer, without cost to the employer, printed statements concerning the regulations applicable to the establishment of benefit rights and other materials relating to the administration of this chapter. Each employer shall post such printed statements and maintain them in places readily accessible to his workers and shall supply copies of such printed statements to his workers. Notice by employing unit (c) An employing unit having knowledge of any facts which may affect an individual's right to waiting-week credit or benefits shall notify the Commissioner of Labor of such facts promptly, in accordance with regulations prescribed by the Commissioner of Labor. Determinations (d) (1) Any individual may file a request for a determination of his insured status in accordance with regulations prescribed by the Commissioner of Labor. Upon such request, or, if no such request has been made with respect to a current benefit year, upon the filing of a notice of unemployment, the Commissioner of Labor shall promptly determine such individual's insured status. A determination that an individual is an insured worker shall remain in effect throughout the benefit year for which it is made, unless modified in accordance with subsections (f) and (g) of this section. (2) When an insured worker files a notice of unemployment, the Commissioner shall determine promptly whether such worker is disqualified under any of the provisions of section 304 of this title by reason of any facts which existed on the date such notice was filed. (3) Thereafter, when an insured worker certifies for waiting week credit or files a claim for benefits for a week of unemployment, the Commissioner shall determine promptly whether he meets all of the requirements in section 304. (4) Whenever (A) a determination whether a claimant is disqualified involves the application of section 304(b)(6), or (B) a determination involves multiple claimants and difficult issues of fact or law, the Commissioner may refer the case to a hearing examiner for hearing and decision in accordance with section 306 of this title. Written notice of determination (e) (1) Written notice of a determination of insured status shall be furnished to the claimant promptly. Such notice shall include a statement as to whether the claimant is an insured worker, the amount of wages for insured work paid to him by each employer during his base period, and the employers by whom such wages were paid. For an insured worker the notice shall include also his benefit year, his weekly benefit amount, the maximum amount of benefits that may be paid to him for his unemployment during such year and a statement that benefits may be paid only if he is not subject to disqualification. For a worker who is not insured, the notice shall include the reason for the determination. (2) If the Commissioner determines pursuant to section 304 of this title that a claimant is not eligible to receive waiting-week credit or the full weekly benefit amount for any week, he shall promptly furnish to such claimant written notice of such determination together with a statement of the reasons therefor and of the period covered by such determination. Written notice of such determination shall be given to the claimant only once with respect to the period covered by the determination except that if the Commissioner determines that such claimant is disqualified for an indeterminate period under the provisions of paragraphs (1) or (6) of section 304(b) of this title by reason of the same facts, written notice of such determination with respect to the first of such weeks shall be furnished to the claimant promptly. Thereafter, written notice of such determination with respect to any subsequent week or weeks for which a claimant has filed a claim shall be furnished to him promptly upon his request. (3) The last employing unit which employed a claimant shall be entitled to receive written notice of a determination only if it has furnished information to the Commissioner in accordance with subsection (c) of this section prior to such determination. (4) Written notice of any determination to which any party is entitled shall be given promptly by delivery thereof or by mailing to his last known address. Every such notice shall include a clear statement of the rights of the parties to apply for reconsideration or appeal such determination. The notice of any determination shall include an explanation sufficient for understanding the determination and the reasons for any denial of benefits. (5) [Deleted.] Finality of determination (f) A determination shall be deemed final unless a party entitled to notice thereof applies for reconsideration of the determination or appeals therefrom within 10 days after the notice was mailed to his last known address or otherwise delivered to him; Provided, that such period may be extended for good cause. A party entitled to notice of a determination may, within the aforesaid time limits, at his option, appeal from such determination without first applying for reconsideration thereof. Reconsideration of determination (g) (1) The Commissioner may reconsider any determination upon application by any party entitled to notice thereof filed within the period authorized by subsection (f) of this section or on his own motion within 10 days after the date of the determination. (2) At any time within 1 year from the date of a determination of insured status, the Commissioner on his own motion may reconsider such determination if he finds that an error in computation or identity has occurred in connection therewith or that additional wages pertinent to the claimant's insured status have become available, or if such determination of insured status was made as a result of a nondisclosure or misrepresentation of a material fact. (3) At any time within 2 years from the end of any week, with respect to which a determination allowing or denying waiting-week credit or benefits has been made, the Commissioner on his own motion may reconsider such determination if he finds that such waiting-week credit or benefits were allowed or denied as a result of a nondisclosure or misrepresentation of a material fact. (4) In any case in which the Commissioner is authorized by the other provisions of this subsection to reconsider any determination, but the case has been appealed to a hearing examiner or court, the Commissioner may within the applicable time limits therein petition the hearing examiner or court before whom the case is pending to consider the issue, and if an unappealed decision has been issued the Commissioner may petition the hearing examiner or the court which rendered such decision, to issue a revised decision, whether or not the decision issued has become final. (5) Written notice of any redetermination (including denial of an application for reconsideration) shall be given promptly in the same manner, in the same form and to the same parties, as provided in subsection (e) of this section, with a clear statement of the rights of the parties to appeal such redetermination. (6) A redetermination shall be deemed final unless a party entitled to notice thereof files an appeal within 10 days after the notice was mailed to his last known address, or otherwise delivered to him; Provided, That such period may be extended for good cause. Prompt payment of claims (h) (1) Notwithstanding any provision in sections 305 and 306, benefits shall be paid promptly in accordance with a determination or redetermination under this section, or the decision of a hearing examiner or a reviewing court under section 306, upon the issuance of such determination, redetermination or decision (regardless of the pendency of the period to apply for reconsideration, file an appeal, or petition for judicial review that is provided with respect thereto in section 305(f), 305(g) (6) or 306(e) as the case may be, or the pendency of any such application, filing or petition), unless and until such determination, redetermination, or decision has been modified or reversed by a subsequent redetermination or decision, in which event benefits shall be paid or denied for weeks of unemployment thereafter in accordance with such modifying or reversing redetermination or decision. (2) If a determination or redetermination allowing benefits is affirmed in any amount by a hearing examiner, such benefits shall be paid promptly regardless of any further appeal or the disposition of such appeal and no injunction, supersedeas, stay or other writ or process suspending the payment of such benefit shall be issued by the hearing examiner or any court; but if such decision is finally modified or reversed to deny benefits, the modification or reversal shall apply to any weeks of unemployment which occur after the effective date of such claim. (3) If a determination allowing benefits is affirmed in any amount by a referee, such benefits shall be paid promptly regardless of any further appeal, and no injunction, supersedeas, stay, or other writ or process suspending the payment of such benefits shall be issued by the referee or any court; but if such decision is finally reversed, benefits shall not be paid for any subsequent weeks of unemployment involved in such reversal. Payment of benefits due deceased or mentally incompetent insured worker (i) Benefits due and payable to a deceased or judicially declared incompetent person shall be paid, in accordance with such regulations as the Commissioner of Labor shall prescribe, to the person or persons, payment to whom the Commissioner of Labor finds would effectuate the purposes of this chapter. Such regulations need not conform to the statutes applicable to the descent and distribution of decedents' estate. A receipt from the person or persons to whom the Commissioner of Labor makes payment shall fully discharge the fund and the Commissioner of Labor from liability for such benefits. Recovery and recoupment (j) (1) Any person who makes, or causes to be made by another, a false statement or representation of a material fact, knowing it to be false or knowingly fails, or causes another to fail, to disclose a material fact, and as a result thereof has received any amount as benefits under this chapter to which he was not entitled shall, in the discretion of the Commissioner, be liable to repay such amount to the Commissioner for the Unemployment Fund or to have such amount deducted from any future benefits payable to him under this chapter within the five-year period following the date of notice of the final determination, redetermination or decision. (2) If the Commissioner finds, within the five-year period following payment to any individual of any amount as benefits under this chapter, that such individual is not entitled, by reason other than that specified in subsection (h)(2) or subsection (j)(1) above, to such amount, he shall repay such amount to the Commissioner for the Unemployment Fund or in the absence of such repayment such amount shall be deducted from any future benefits payable to him under this chapter, within the five-year period following the date of notice of the final determination or decision; Provided, That no repayment or deduction from benefits shall be required under this paragraph if the amount overpaid was received by the individual without fault on his part, and such recoupment would be against equity and good conscience. (3) No determination, redetermination, or decision shall be construed to authorize the recovery of the amount of benefits paid to a claimant or the deduction of such amount from future benefits payable to him unless the written notice of such determination, redetermination, or decision specifies that he is liable to repay to the Unemployment Fund the amount of benefits paid to him as specified in paragraphparagraphs (1) and (2)subsection, the cause of the overpayment, and the week or weeks for which such benefits were paid. (4) In any case in which under this subsection a claimant is liable to repay any amount to the Commissioner, such amount may be collectible without interest by civil action in the name of the Commissioner. The Commissioner may place a lien on a claimant's property to assure repayment. The statute of limitations to collect on a lien placed on claimant's property is 10 years from the date of the lien. Waiver of rights void (k) Any agreement by an individual to waive, release, or commute his rights to benefits or any other rights under this chapter shall be void. Any agreement by an individual performing service for an employer to pay all or any portion of any contributions required under this chapter from such employer shall be void. No employer shall directly or indirectly make or require or accept any deduction from wages to finance the contributions required from him, require or accept any waiver of any right hereunder by any individual in his employ, discriminate in regard to the hiring or tenure of work or any term or condition of work of any individual on account of his claiming benefits under this chapter, or in any manner obstruct or impede the claiming of benefits. Assignment of benefits (l) Except as provided in section 305, subsection (m) of this chapter, any assignment, pledge, or encumbrance of any rights to benefits which are or may become due or payable under this chapter shall be void; and such rights to benefits shall be exempt from levy, execution, attachment, order for the payment of attorney fees, or any other remedy whatsoever provided for the collection of debts; and benefits received by any individual so long as they are not mingled with other funds of the recipient, shall be exempt from any remedy whatsoever for the collection of all debts. Any waiver of any exemption provided for in this subsection shall be void. (m) (1) An individual filing a new claim for unemployment compensation shall at the time of filing such claim disclose whether or not the individual owes child support obligations as defined under paragraph (7) of this subsection. If any such individual discloparagraph (7)r she owes child support obligations, and is determined to be eligible for unemployment compensation, the commissioner shall notify the State or local child support enforcement agency enforcing such obligation that the individual has been determined to be eligible for unemployment compensation. (2) The commissioner shall deduct and withhold from any unemployment compensation payment payable to an individual that owes child support obligations as defined under paragraph (7), (A) the amount specified by the individual to the commissioner to be deducted and withheld under this subsection, if neither (B) nor (C) of this paragraph is applicable, or (B) the amount (if any) determined pursuant to an agreement submitted to the commissioner under Section 454(20)(B)(i) of the Social Security Act by the State or local child supporSocial Security Acty, unless (C) is applicable, or (C) any amount otherwise required to be so deducted and withheld from such employment compensation pursuant to legal process (as the term is defined in Section 462(e) of the Social Security Act) properly served upon the commissioner. (3) Any amount deducted and withheld under paragraph (2) of this subsection shall be paiparagraph (2)issioner to the appropriate child support enforcement agency. (4) Any amount deducted and withheld under paragraph (2) shall for all purposesparagraph (2)s if it were paid to the individual as unemployment compensation and paid by such individual to the State or local child support enforcement agency in satisfaction of the individual's child support obligations. (5) For purposes of paragraphs (1) through (4) paragraphs (1) through (4)rm "unemployment compensation" means any compensation payable under this chapter, including amounts payable by the commissioner pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment. (6) This section applies only if appropriate arrangements have been made for reimbursement by the State or local child support enforcement agency for the administrative costs incurred by the commissioner under this section which are attributable to child support obligations being enforced by the State or local child support enforcement agency. (7) The term "child support obligations" is defined for purposes of these provisions as including only obligations which are being enforced pursuant to a plan described in Section 454 of the Social SeSocial Security Acts been approved by the Secretary of Health and Human Services under Part D of Title IV of the Social Security Act. (8) The term "State or local child support enforcement agency" as used in these provisions means any agency of this Territory or any other State or political subdivision thereof operating pursuant to a plan described in paragraph (7). Voluntary withholding of income taxes (n) (1) An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, be advised that: (A) Unemployment compensation is subject to Federal income tax; (B) Requirements exist pertaining to estimated tax payments; (C) The individual may elect to have Federal income taxes deducted and withheld from the individual's payment of unemployment compensation at the amount specified in the Internal Revenue Code, as it appliesInternal Revenue Codes; and (D) The individual shall be permitted to change a previously elected withholding status. (2) The Commissioner of Labor shall remit amounts deducted and withheld under the provisions of this Section to the Virgin Islands Bureau of Internal Revenue in accordance with the withholding provisions of the Internal Revenue Code. (3) The Commissioner of Labor shall follow all procedures specified by the United States Department of Labor and the Internal Revenue CInternal Revenue Code deducting and withholding of income tax. (4) Amounts shall be deducted and withheld under this Section only after amounts are deducted and withheld for any overpayments of unemployment compensation, child support obligations, or food stamp over-issuances or any other amounts required to be deducted and withheld under this Section. (5) The Commissioner of Labor shall have the authority to issue such rules and regulations, as deemed necessary to implement the purposes of this section. History: Added June 19, 1961, No. 767, Sess. L. 1961, p. 125; amended Nov. 29, 1978, No. 4075, §§ 35-53, Sess. L. 1977, p. 301-305; Sept. 3, 1981, No. 4614, §§ 12, 35, Sess. L. 1981, p. 112, 120; Sept. 17, 1982, No. 4741, §§ 2, 3, Sess. L. 1982, p. 144, 145; Dec. 31, 1996, No. 6130, § 1, Sess. L. 1996, p. 145; amended Apr. 11, 2024, No. 8827, § 1(b), Sess. L. 2024, p. -.

(a) The Commissioner of Labor shall appoint one or more hearing examiners, selected in accordance with section 312(b) of this chapter, to hear and decide appeals from determinations and redeterminations; Provided, however, that no person may be selected as a hearing examiner unless he is qualified by education and experience to hear and decide appeals under this chapter. Review by hearing examiners (b) Any party entitled to notice of determination as provided in section 305(e) of this chapter or to notice of redetermination as provided in section 305(g) of this chapter may file an appeal from the determination or redetermination to a hearing examiner within the time specified in sections 305(f) or 305(g)(6) of this chapter. The parties to such an appeal shall include all those entitled to notice of the determination, and the Commissioner. Whenever an appeal involves a question whether service constitutes insured work, the hearing examiner shall give notice of the appeal to the other parties, including the employing unit for which such service was performed if it is not the appellant; and that employing unit, if not already a party, shall then become a party to the appeal. If an appeal from a determination is pending as of the date a redetermination is issued, the appeal (unless withdrawn) shall be treated as an appeal from such redetermination. Appeals may be withdrawn at the request of the appellant and with the permission of the hearing examiner if the record preceding the appeal and the request for the withdrawal support the correctness of the determination and indicate that no coercion or fraud is involved in the withdrawal. The hearing examiner may hear and decide any additional issue affecting the claimant's rights to benefits not expressly ruled on in the determination or redetermination appealed or stated in the notice of hearing, if as of the date of the hearing the Commissioner has issued no final determination or redetermination concerning such additional issue or the Commissioner petitions the hearing examiner in regard to such additional issue pursuant to section 305(g)(4) of this chapter. Provided, however, that if any party is not prepared to proceed on such additional issue, a continuance of the hearing shall be granted. Hearing procedures and record (c) A reasonable opportunity for a fair hearing shall be promptly afforded to all parties, at a time and place reasonably convenient to each of the parties. The hearing examiner shall inquire into and develop all facts bearing on the issues and shall receive and consider evidence without regard to statutory and common-law rules. With notice to the parties, the hearing examiner shall include in the record and consider as evidence all records of the Commissioner that are material to the issues. The Commissioner shall adopt regulations governing the manner of filing appeals and the conduct of hearings and appeals consistent with the provisions of this chapter. A record shall be kept of all testimony and proceedings in an appeal, but testimony need not be transcribed unless further review is initiated. Witnesses subpoenaed pursuant to section 312(f) of this title shall be allowed fees at a rate fixed by the Commissioner; and the fees of witnesses subpoenaed on behalf of the Commissioner or of any claimant shall be deemed part of the expense of administering this chapter. No hearing examiner shall participate in any appeal in which he has a direct or indirect interest. In such event another hearing examiner, if there is one, shall be assigned to hear and decide the appeal, and if there is no other hearing examiner, one shall be appointed by the Commissioner of Labor pursuant to sections 306(a), 312(b) and 153 of this title. Consolidated appeals (d) When the same or substantially similar evidence is material to the matter in issue with respect to more than one individual, the same time and place for considering all such cases may be fixed, hearings thereon jointly conducted, a single record of the proceedings made, and evidence introduced with respect to one proceeding considered as introduced in the others, provided no party is prejudiced thereby and the time and place fixed for the hearing is reasonably convenient to each of the parties. Notice of hearing examiner's decision and judicial review (e) (1) After a hearing a hearing examiner shall make findings and conclusions promptly and on the basis thereof affirm, modify, or reverse the Commissioner's determination or redetermination. Each party including the Commissioner shall be furnished promptly a copy of the decision and the supporting findings and conclusions, together with a notice of the right to judicial review. This decision shall be final unless a party initiates judicial review by filing in the District Court of the Virgin Islands a petition for review within 30 days after the hearing examiner's decision has been mailed to each party's last known address, or otherwise delivered to him. The petition for review shall state the grounds upon which review is sought but need not be verified. Exceptions to rulings of the hearing examiner shall not be necessary to obtain judicial review nor shall a bond be required either as a condition of initiating a proceeding for judicial review of a hearing examiner's decision as to benefit rights or of entering an appeal from the decision of the court upon such review. (2) All parties to the proceeding before the hearing examiner shall be parties to the review proceedings. If the Commissioner is a party respondent, the petition shall be served by leaving with him, or any representative whom he designates for that purpose, as many copies of the petition as there are respondents. The Commissioner shall file with the court certified copies of the record of the case together with his petition for review or his answer to the appellant's petition. Upon the filing of a petition for review by the Commissioner or upon service of a petition upon him, the Commissioner shall send a copy of the petition to each party and such mailing shall constitute service upon the parties. (3) The jurisdiction of the reviewing court shall be confined to questions of law, and, in the absence of fraud, the findings of fact by the hearing examiner, if supported by substantial evidence regardless of statutory or common-law rules, shall be conclusive. Any additional evidence required by the court shall be taken before the hearing examiner; and the hearing examiner, after hearing such additional evidence, shall file with the court such additional or modified findings of fact or conclusions as he may make, together with transcripts of the additional record. All proceedings under this section shall be heard summarily and given precedence over all other civil cases except those arising under the Workers' Compensation Administration Law of the Virgin Islands; appeals involving benefit rights shall be given precedence over all other cases arising under this chapter. An appeal may be taken from the decision of the District Court of the Virgin Islands to the United States Court of Appeals for the Third Circuit in the same manner, consistent with the provisions of this chapter, as provided for civil cases. Conclusiveness of final determinations and decisions (f) Except insofar as there is a redetermination under section 305(g)(2) or (3) of this title, all final determinations, redeterminations and decisions shall be conclusive upon employing units with notice, the Commissioner, and the claimant. No final determination, redetermination or decision as to benefit rights shall be subject to collateral attack by an employing unit regardless of notice. The Commissioner shall reopen a determination and a hearing examiner shall reopen a decision or revoke permission for withdrawal of an appeal if: (1) he finds that a worker or employer has been defrauded or coerced in connection with the determination, decision, or withdrawal of the appeal, and (2) the defrauded or coerced person informs the Commissioner or hearing examiner of the fraud or coercion within 60 days after he has become aware of the fraud or within 60 days after the coercion has been removed. Rule of decision (g) A final decision of a hearing examiner and the principles of law declared in its support shall be binding on the Commissioner and the hearing examiner, unless overruled by a later decision of a hearing examiner or of a court of competent jurisdiction. If in any subsequent case before the Commissioner for determination or redetermination, the Commissioner has serious doubts as to the correctness of any principles previously declared by a hearing examiner, or if there is an apparent inconsistency or conflict in final decisions of comparable authority, then the findings of fact in such case may be certified, together with the question of law involved, to a hearing examiner. After giving notice and reasonable opportunity for a fair hearing upon the law to all parties to the proceedings, the hearing examiner shall render his decision upon the entire case. Limitation of fees (h) No claimant shall be charged fees or costs of any kind by the Commissioner, a hearing examiner, or by any court or any court officer, except that a court may assess cost against such claimant if it determines that the proceedings for judicial review have been instituted or continued without reasonable grounds. Representation of claimant (i) Any claimant in any proceeding before a hearing examiner may be represented by counsel or other duly authorized agent. No such counsel or agent shall either charge or receive for such services more than an amount approved by the Commissioner. Fees of attorneys for claimants on appeals to court (j) An attorney at law representing a claimant on appeal to the courts shall be entitled to counsel fees as fixed by the court not to exceed 10 percent of the maximum benefits at issue in such court action. In difficult cases the court to which the appeal was taken may, upon application of counsel for the claimant, increase such fees to an amount which the court deems reasonable. Such counsel fees shall be paid by the Commissioner out of the Employment Security Administration Fund in each of the following cases: (1) any court appeal from an administrative or judicial decision favorable in whole or in part to the claimant, (2) any court appeal by a claimant from a decision which reverses a decision in his favor, (3) any court appeal by a claimant from a decision denying or reducing benefits awarded under a prior administrative or judicial decision, (4) any court appeal as a result of which the claimant is awarded benefits, or (5) any other court appeal by a claimant if the court finds that a reasonable basis exists for the appeal. History: Added June 19, 1961, No. 767, Sess. L. 1961, p. 125; amended June 25, 1963, No. 1036, § 4, Sess. L. 1963, p. 401; Mar. 10, 1964, No. 1105, Sess. L. 1964, p. 48; Nov. 29, 1977, No. 4075, §§ 54-77, Sess. L. 1977, pp. 305-309; Sept. 3, 1981, No. 4614, § 35, Sess. L. 1981, p. 120; Oct. 13, 1994, No. 6033, § 1(s), Sess. L. 1994, p. 249.

Performed Is Employment (a) (1) On his own motion or on the application of an employing unit, the Commissioner shall, on the basis of facts found by him, determine whether the service performed for it constitutes employment. (2) Within one year after he has made a determination under paragraph (1) of this subseparagraph (1)mmissioner may, on his own motion, reconsider his determination in the light of additional evidence and make a redetermination. (3) A notice of the Commissioner's determination made under paragraph (1) or (paragraph (1)bsection, which shall include a statement of the supporting facts found by the Commissioner, shall be mailed to the last known address of the employing unit affected, or otherwise delivered to it. (4) Within 15 days after a notice of a determination made under paragraphparagraph (1)f this subsection was mailed to the last known address of an employing unit, or otherwise delivered to it, that employing unit may apply to the Commissioner to reconsider his determination in the light of additional evidence and to issue a redetermination. The Commissioner shall, if the request is granted, mail to the last known address of the employing unit affected, or otherwise deliver to it, a notice of the redetermination, which shall include a statement of the supporting facts found by the Commissioner; if the request is denied, he shall furnish a notice of the denial of the application. (5) Within 15 days after a notice of a determination or redetermination made under paragraphs (1), (2), or (4) of this subsection or a denial of the application under paragraph (4) was mailed to the last known address of an employing unit, or otherwise delivered to it, that employing unit may appeal from the determination or redetermination to a hearing examiner. The Commissioner shall be a party to such appeal. The hearing examiner shall afford the parties a reasonable opportunity for a fair hearing as provided in section 306 of this title. The hearing examiner's decision shall be final unless, within 15 days after the decision was mailed to the last know address of a party, or otherwise delivered to it, that party initiates judicial review in accordance with the provisions of section 306(e) (1) of this title. Conclusiveness of determination (b) A determination or redetermination of the status of an employing unit by the Commissioner under subsection (a) of this section, in the absence of appeal therefrom, and a final decision of a hearing examiner or a court upon an appeal, together with the record of the proceeding, shall be admissible in any subsequent proceeding under this chapter. A final determination, redetermination or decision shall be conclusive upon any employing unit which was a party to the proceeding. Period of coverage (c) Any employing unit which is or becomes an employer subject to this Act within any calendar year shall be deemed to be an employer during the whole of such calendar year except as provided in subsection (d) (2) of this section. Elective coverage of excluded service (d) (1) Any service performed for an employing unit, which is excluded under the definition of employment in section 302(k)(6) of this section and with respect to which no payments are required under the employment security law of a state or of the Federal Government, may be deemed to constitute employment for all purposes of this chapter provided, that the Commissioner has approved a written election to that effect filed by the employing unit for which the service is performed, as of the date stated in such approval. No election shall be approved by the Commissioner unless it (A) includes all the service of the type specified in each establishment or place of business for which the election is made, and (B) is made for not less than 2 calendar years. (2) Any service which because of an election by an employing unit under paragraph (1) of this subsection is employment subject to this chapter shall cease to be employment subject to the chapter as of January 1 of any calendar year subsequent to the 2 calendar years of the election, only if not later than March 31st of such year, either such employing unit has filed with the Commissioner a written notice to that effect, or the Commissioner on his own motion has given notice of termination of such coverage. (e) Except as otherwise provided in this chapter, an employing unit shall cease to be an employer subject to this chapter as of the first day of any calendar year, if not later than March 15 of such year, it has filed with the Commissioner of Labor a written application for termination of coverage and the Commissioner finds that such employing unit has not met the conditions for subjectivity to this chapter during the preceding calendar year. The Commissioner may make such findings on his own initiative in the absence of a written application for termination of coverage. History: Added June 19, 1961, No. 767, Sess. L. 1961, p. 125; amended Nov. 29, 1977, No. 4075, §§ 78-81, Sess. L. 1977, p. 310; Sept. 3, 1981, No. 4614, §§ 3(b), 35, Sess. L. 1981, pp. 109, 120.

(a) Contributions with respect to wages for employment shall accrue and become payable by each employer for each calendar year in which he is subject to this chapter. Such contributions shall become due and be paid by each employer to the Commissioner of Finance for the Unemployment Fund not less frequently than quarterly, in accordance with such regulations as the Commissioner of Labor may prescribe, and shall not be deducted, in whole or in part, from the wages of individuals in employment for such employer. Rates of contribution (b) (1) Except as otherwise provided in this subsection, each employer shall pay contributions equal to five and four-tenths percent (5.4%) of wages paid by him during the calendar year with respect to employment, subject to the limit on wages set forth in subsection (c) of this section. Each employer, shall pay an amount of $25 per employee, per year to pay the accrued interest on the Virgin Islands Federal Trust Fund Loan. (2) Each employer newly subject to the provisions of this chapter shall pay contributions at the rate of two percent (2%) until such time as he has sufficient experience to qualify for a contribution rate in accordance with paragraph (3) of this subsection. (3) (A) In lieu of the five and four-tenths percent (5.4%) contribution rate set forth in paragraph (1) of this subsectioparagraph (1)yer subject to the provisions of this chapter for each of the four completed calendar quarters ending June 30 of any year, shall pay contributions at a rate determined by the employer's payroll variation index. An employer's payroll variation index shall be computed as follows: (i) For each quarter in the period ending June 30 (not to exceed 12 calendar quarters) for which the employer was subject to the provisions of this chapter, compute the change from the prior quarter in the total amount of wages paid (without reference to the limitation in subsection (c) of this section) for insured work as reported by such employer for such quarter. For any quarter for which the employer has not reported wages (including the quarter prior to the first quarter for which the employer was subject to the provisions of this chapter), the amount of wages used for this calculation shall be zero. (ii) Compute average quarterly wages by dividing the total wages paid in the quarters for which changes were calculated in paragraph (A) by the number of quarters. (iii) Compute a payroll change percentage for each quarter by dividing the change in wages by the average quarterly wages and multiplying by one hundred percent. Any negative percentage change exceeding negative four hundred percent shall be set at negative four hundred percent. (iv) Multiply each of the negative payroll change percentages by two. (v) Divide the sum of the resulting positive and negative percentages over the entire period by the number of quarters, and round the resulting payroll variation index to the nearest ten-thousandth of a percent. (B) This computation shall be made no later than December 31 of the year immediately preceding the calendar year for which it shall apply and shall be performed in accordance with regulations prescribed by the Commissioner. (4) (A) Before December 31 of each year, the fund solvency contribution rate applicable for the following calendar year shall be determined on the basis of the average high cost multiple. The average high cost multiple shall be computed as follows: (i) Compute the aggregate reserve ratio by dividing the net trust fund balance (cash balance minus outstanding loans) as of September 30 of the current year by total wages paid for insured work by contributory employers for the twelve-month period ending the prior December 31. (ii) Compute the benefit cost rate for each of the last twenty calendar years ending before September 30 by dividing benefits paid in each year by total wages for insured work for contributory employers in each year. (iii) Compute the average high cost rate by averaging the three highest annual benefit cost rates in the last twenty years. (iv) Compute the average high cost multiple by dividing the aggregate reserve ratio by the average high cost rate. (B) The fund solvency contribution rate for a calendar year shall be that rate which appears on the same line as the average high cost multiple (rounded to the nearest hundredth) in the fund solvency contribution rate schedule set forth below. FUND SOLVENCY CONTRIBUTION RATE SCHEDULE Average High Cost Multiple Fund Solvency Contribution Rate 1.21 or more -0.5 percent 0.81 to 1.20 0 0.61 to 0.80 +0.5 percent 0.41 to 0.60 +1.0 percent 0.21 to 0.40 +1.5 percent Less than 0.21 +2.0 percent (5) Before December 31 of each year, the base contribution rate shall be computed by averaging the twenty benefit cost rates computed in paragraph (4)(A)(ii), multiplying by the ratio of paragraph (4)(A) (ii)ed work to wages subject to contributions for the most recent calendar year, and rounding the result to the nearest hundredth of a percent. (6) The total contribution rate for experience-rated employers for the following calendar year shall be equal to the sum of the base contribution rate and the fund solvency contribution rate, except that for the calendar year beginning January 1, 2024, the total contribution rate shall be 2.5 percent. (7) (A) The amount of each experience-rated employer's wages subject to contributions for the four consecutive quarters ending June 30 shall be determined as reported by such employer for such quarters. All eligible employers, along with their taxable wages, shall be listed in the order of their payroll variation indexes beginning with the largest positive payroll variation index and continuing through the largest negative payroll variation index. For each employer in the list, the cumulative taxable wages of the employer together with all employers who precede the employer on the list shall be calculated. (B) The employers shall be divided into tax rate interval groups according to cumulative taxable wages. The limits of the tax rate interval groups are those set out in column B of the table in subparagraph (C) below. Each of these groups shall be identified by the group number in column A on the same line as the numbers in column B which represent the cumulative percentage limits of each group. An employer shall be assigned to the group in which the greater part of the employer's taxable wages falls. If one-half of the employer's taxable wages fall in one group and one-half in another, the employer shall be assigned to the lower-numbered group. An employer may not be assigned to a higher-numbered group than the one to which any other employer with the same payroll variation index is assigned. The tax rates shall be established by the Commissioner of Labor and published annually. (C) An employer shall be assigned the tax rate factor in column C which is on the same line as the tax rate interval group to which that employer is assigned. The contribution rate for such employer shall be equal to the tax rate factor added to the total contribution rate determined in paragraph (6) of this subsection. The contribution rate in each interval group below group 14 shall be the lower of the calculated rate or the maximum tax rate in law, and it shall be the higher of the calculated rate and the minimum tax rate in law. Also, the contribution rate for an employer in class 14 shall be equal to five and four-tenths percent (5.4%). The maximum contribution rate for any employer shall be five and four-tenths percent (5.4%). The minimum rate for any employer for calendar years beginning on or after January 1, 2024, shall be four tenths percent (0.4%). The contribution rate for an employer shall be rounded to the nearest hundredth of a percent. COLUMN A COLUMN B COLUMN C Tax Rate Interval Group Cumulative Taxable Wages Tax Rate Factor at least (percent) but less than (percent) 1 0 2 - 1.6 2 2 5 - 1.2 3 5 10 - 0.8 4 10 30 - 0.4 5 30 70 0 6 70 90 + 0.4 7 90 95 + 0.8 8 95 97 + 1.2 9 97 98 + 1.6 10 98 99 + 2.0 11 99 99.50 + 2.4 12 99.50 99.90 + 2.8 13 99.90 99.99 + 3.2 14 99.99 100 + 3.6 (D) Corrections or modifications of an employer's wages paid may be taken into account within three years after the June 30th computation date for the purpose of a reduction or increase in the employer's contribution rate. When an adjustment is made in an employer's wages paid or in an employer's payroll variation index after rates have been assigned, the adjustment may not alter the contribution rate of any other employer. The employer for whom the adjustment in the payroll variation index is made shall be assigned to the tax rate interval group to which the employer with the nearest similar payroll variation index was assigned. (E) The following contribution rates will be in effect for the calendar year beginning January 1, 2024. The contribution rates for the following years shall be established by the Commissioner and published annually on the Virgin Islands Department of Labor website, the Employer's handbook, as well as the Department of Labor Rules and Regulations. Tax Rate Interval Group 2021 Contribution Rate 1 1.5% 2 1.7% 3 1.9% 4 2.1% 5 2.4% 6 2.6% 7 2.8% 8 3.0% 9 3.4% 10 3.8% 11 4.2% 12 4.6% 13 5.0% 14 5.4% (8) The Commissioner of Labor shall announce the appropriate tax schedule which meets the requirements of the preceding paragraphs. Each employer shall be notified of his individual rate of contribution for the calendar year according to such regulations as the Commissioner shall promulgate. (9) Such rates shall be final unless within fifteen (15) days after the notice was mailed to the employer's last known address, or delivered to him, the employer files an application for review and redetermination setting forth the reasons therefor. The Commissioner of Labor shall thereupon redetermine the contribution rate and notify the employer of the result and the reasons therefor. A redetermination shall be final unless within 30 days after the notice was mailed to the employer's last known address, or delivered to him, a petition for review is filed in the District Court of the Virgin Islands. (c) For the purposes of subsection (a) and paragraphs (1), (2), and (7) of subsection (b) of this section, wages shall not include that part of remuneration paid to an individual in a calendar year by an employer or his predecessor with respect to employment in insured work during any calendar year which is in excess of 60% of the average annual wage in insured work in such employment, rounded to the nearest one hundred dollars ($100); Provided, That, such amount shall not be less than the remuneration subject to a tax under a Federal Law imposing a tax against which credit may be taken for contributions required to be paid into a State Unemployment Fund. The average annual wage in insured work shall be determined by multiplying the average weekly wage in insured work, as determined in section 303(c) of this title, by fifty- two. This computation may be made no later than December 31 of each year and shall be effective for the following calendar year. Financing benefits paid to employees of the Virgin Islands (d) (1) In lieu of contributions required of employers under this chapter, the Government of the Virgin Islands shall pay into the Unemployment Fund an amount equal to the full amount of regular benefits and 50 percent of the extended benefits paid based on service in its employ; Provided that for weeks of unemployment beginning on and after January 1, 1979, the Government of the Virgin Islands shall pay into the Unemployment Fund 100 percent of the amount of all benefits paid based on service in its employ. If benefits paid to an individual are based on service in the employ of both the Government of the Virgin Islands and one or more other employers, the amount payable by the Government of the Virgin Islands to the Unemployment Fund shall be calculated as provided in section 308(e)(4) of this title. (2) The amount of the payments required under this subsection from the Government of the Virgin Islands or from any entity thereof shall be determined by the Commissioner of Labor quarterly. Such amounts shall be paid into the Unemployment Fund by the Government of the Virgin Islands or by any liable entity thereof at such times and in such manner as the Commissioner may prescribe. The Government of the Virgin Islands and any liable entity thereof shall be individually liable for making the required payments to the Unemployment Fund. (3) Governmental entities which are separate and distinct instrumentalities of the Government of the Virgin Islands shall have the option of financing benefit costs either by contributions under the provisions of subsection (a) of this section or by payments in lieu of contributions as provided for nonprofit organizations in subsection (e) of this section. Each such instrumentality electing payments in lieu of contributions shall for all weeks of unemployment pay an amount equal to the full amount of regular and extended benefits attributable to service in its employ. The amount of the payments in lieu of contributions shall be calculated as provided in section 308(e)(4). The provisions in section 308(e) (3) of this title with respect to bonds or deposits shall not apply. [Benefits paid to nonprofit organizations] (e) Benefits paid to employees of nonprofit organizations shall be financed in accordance with the provisions of this subsection. For the purpose of this subsection, a nonprofit organization is an organization (or group of organizations) described in section 501(c)(3) of the Federal Internal Revenue Code which is exempt from income tax under section 501(a) of such Code. (1) Any nonprofit organization which, pursuant to section 302(k)(1)(C) of this title is, or becomes, subject to this chapter on or after January 1, 1978 shall pay contributions under the provisions of subsection (a), unless it elects, in accordance with this paragraph, to pay to the Commissioner of Finance for the Unemployment Fund an amount equal to the amount of regular benefits and of one- half of the extended benefits paid, that is attributable under this chapter to service in the employ of such nonprofit organization, to individuals for weeks of unemployment which begin during the effective period of such election. (A) Any nonprofit organization which is, or becomes, subject to this chapter on January 1, 1978, may elect to become liable for payments in lieu of contributions for a period of not less than one taxable year beginning with January 1, 1978, provided it files with the Commissioner of Labor a written notice of its election within the 30-day period immediately following such date or within a like period immediately following the date of enactment of this paragraph, whichever occurs later. (B) Any nonprofit organization which becomes subject to this chapter after January 1, 1978, may elect to become liable for payments in lieu of contributions for a period of not less than 12 months beginning with the date on which such subjectivity begins by filing a written notice of its election with the Commissioner of Labor not later than 30 days immediately following the date of the determination of such subjectivity. (C) Any nonprofit organization which makes an election in accordance with subparagraph (A) or subparagraph (B) of this paragraph will continue to be liable for payments in lieu of contributions until it files with the Commissioner of Labor a written notice terminating its election not later than 30 days prior to the beginning of the taxable year for which such termination shall first be effective. (D) Any nonprofit organization which has been paying contributions under this chapter for a period subsequent to January 1, 1978, may elect to become liable for payments in lieu of contributions by filing with the Commissioner of Labor not later than 30 days prior to the beginning of any taxable year a written notice of election to become liable for payment in lieu of contributions. Such election shall not be terminable by the organization for that and the next taxable year. (E) The Commissioner of Labor may for good cause extend the period within which a notice of election, or a notice of termination, must be filed and may permit an election to be retroactive but not any earlier than with respect to benefits paid for weeks of unemployment beginning on or after January 1 of the year in which the election is made. (F) The Commissioner of Labor shall notify each nonprofit organization of any determination which he may make of its status as an employer and of the effective date of any election which it makes and of any termination of such election. Such determinations shall be subject to reconsideration, appeal and review in accordance with the provisions of section 307 of this title. (2) (A) At the end of each calendar quarter, or at the end of any shorter period as determined by the Commissioner of Labor, the Commissioner of Labor shall bill each nonprofit organization (or group of such organizations) which has elected to make payments in lieu of contributions for an amount equal to the full amount of regular benefits plus one-half of the amount of extended benefits paid during such quarter or other prescribed period that is attributable under this chapter to service in the employ of such organization. (B) (i) Each nonprofit organization that has elected payments in lieu of contributions may request permission to make such payments as provided in this subparagraph. Such method of payment shall become effective upon approval by the Commissioner of Labor. (ii) At the end of each calendar quarter, or at the end of such other period as determined by the Commissioner of Labor, the Commissioner of Labor shall bill each nonprofit organization for an amount representing one of the following: (I) For 1978, .675 percent of its total payroll for 1977 which was taxable under this chapter. (II) For years after 1978, such percentage of its total taxable payroll for the immediately preceding calendar year as reflects the average benefit costs chargeable to such organization for such year. (III) For each succeeding taxable year, the Commissioner of Labor shall modify the quarterly percentage of payroll payable by the nonprofit organization in order to minimize excess or insufficient payments. (iii) At the end of each taxable year, the Commissioner of Labor shall determine whether the total of payments for such year made by a nonprofit organization is less than, or in excess of, the total amount of regular benefits plus one-half of the amount of extended benefits paid to individuals during such taxable year based on wages attributable to service in the employ of such organization. Each nonprofit organization whose total payments for such year are less than the amount so determined shall be liable for payment of the unpaid balance to the Unemployment Fund in accordance with subparagraph (C). If the total payments exceed the amount so determined for the taxable year, the excess shall be credited against the payments which may be required for the next taxable year. (C) Payment of any bill rendered under subparagraph (A) or subparagraph (B) shall be made not later than 30 days after such bill was mailed to the last known address of the nonprofit organization or was otherwise delivered to it, unless there has been an application for review and redetermination in accordance with subparagraph (E). (D) Payments made by any nonprofit organization under the provisions of this subsection shall not be deducted or deductible, in whole or in part, from the remuneration of individuals in the employ of the organization. (E) The amount due specified in any bill from the Commissioner of Labor shall be conclusive on the organization unless, not later than 15 days after the bill was mailed to its last known address or otherwise delivered to it, the organization files an application for redetermination by the Commissioner of Labor or an appeal to a hearing examiner, setting forth the grounds for such application or appeal. The Commissioner of Labor shall promptly review and reconsider the amount due specified in the bill and shall thereafter issue a redetermination in any case in which such application for redetermination has been filed. Any such redetermination shall be conclusive on the organization unless, not later than 15 days after the determination was mailed to its last known address or otherwise delivered to it, the organization files an appeal to a hearing examiner, setting forth the grounds for the appeal. Proceedings on appeal to the hearing examiner from the amount of a bill rendered under this subsection or a redetermination of such amount shall be in accordance with the provisions of section 309(f) of this title, and the decision of the hearing examiner shall be subject to the provisions of section 309(g) of this title. (F) Past due payments of amounts in lieu of contributions shall be subject to the same interest and penalties that, pursuant to section 309, apply to past due contributions. (3) In accordance with regulations of the Commissioner of Labor, any nonprofit organization that elects to become liable for payments in lieu of contributions shall be required within 30 days after the effective date of its election, to execute and file with the Commissioner of Finance a surety bond approved by the Commissioner of Labor, or it may elect instead to deposit with the Commissioner money or securities. The amount of such bond or deposit shall be determined in accordance with the provisions of this paragraph. (A) The amount of the bond or deposit required by this paragraph shall be equal to 1.35 percent of the organization's taxable wages as defined in section 308(c) of this title for the four calendar quarters immediately preceding the effective date of the election, the renewal date in the case of a bond, or the biennial anniversary of the effective date of election in the case of a deposit of money or securities, whichever date shall be most recent and applicable. (B) Any bond deposited under this paragraph shall be in force for a period of not less than two taxable years and shall be renewed with the approval of the Commissioner of Labor at such times as the Commissioner of Labor may by regulation prescribe, but not less frequently than at two year intervals as long as the organization continues to be liable for payments in lieu of contributions. If the bond is to be increased, the adjusted bond shall be filed by the organization within 30 days of the date notice of the required adjustment was mailed or otherwise delivered to it. Failure by any organization covered by such bond to pay the full amount of payments in lieu of contributions when due, together with any applicable interest and penalties provided for in paragraph (2)(F) oparagraph (2)(F)n, shall render the surety liable on said bond to the extent of the bond, as though the surety was such organization. (C) Any deposit of money or securities in accordance with this paragraph shall be retained by the Commissioner in an escrow account until liability under the election is terminated, at which time it shall be returned to the organization, less any deductions as hereinafter provided. The Commissioner of Labor may deduct from the money deposited under this paragraph by a nonprofit organization or sell the securities it has so deposited to the extent necessary to satisfy any due and unpaid payments in lieu of contributions and any applicable interest and penalties provided for in paragraph (2)(F) oparagraph (2)(F)n. The Commissioner of Labor shall require the organization within 30 days following any deduction from a money deposit or sale of deposited securities under the provisions of this subparagraph to deposit sufficient additional money or securities to make whole the organization's deposit at the prior level. Any cash remaining from the sale of such securities shall be a part of the organization's escrow account. If a deposit is to be adjusted, the additional deposit shall be made within 30 days of the date notice of the adjustment was mailed or otherwise delivered to the organization, or the Commissioner of Finance shall return to the organization such portion of the deposit as the Commissioner of Labor no longer considers necessary, whichever action is appropriate. Disposition of income from securities held in escrow shall be governed by the applicable law of the Virgin Islands. (D) If any nonprofit organization fails to file a bond or make a deposit, or to file a bond in an increased amount or to increase or make whole the amount of a previously made deposit, as provided under this paragraph, the Commissioner of Labor may terminate such organization's election to make payments in lieu of contributions and such termination shall continue for not less than the four consecutive calendar quarter period beginning with the quarter in which such termination becomes effective; Provided, That the Commissioner of Labor may extend for good cause the applicable filing, deposit or adjustment period by not more than 30 days. (4) Each employer that is liable for payments in lieu of contributions shall pay to the Unemployment Fund the amount of regular benefits plus the amount of one-half of extended benefits paid that are attributable under this chapter to service in the employ of such employer. If benefits paid to an individual are based on wages paid by more than one employer and one or more of such employers are liable for payments in lieu of contributions, the amount payable to the Unemployment Fund by each employer that is liable for such payments shall be determined in accordance with the provisions of subparagraph (A) or subparagraph (B). (A) If benefits paid to an individual are based on wages paid by one or more employers that are liable for payments in lieu of contributions and on wages paid by one or more employers who are liable for contributions, the amount of benefits payable by each employer that is liable for payments in lieu of contributions shall be an amount which bears the same ratio to the total benefits paid to the individual as the total base-period wages paid to the individual by such employer bear to the total base-period wages paid to the individual by all of his base-period employers. (B) If benefits paid to an individual are based on wages paid by two or more employers that are liable for payments in lieu of contributions, the amount of benefits payable by each such employer shall be an amount which bears the same ratio to the total benefits paid to the individual paid to the individual by such employer bear to the total base period wages paid to the individual by all of his base period employers. (5) Two or more employers that have become liable for payments in lieu of contributions, in accordance with the provisions of subsection (e)(1), may file a joint application to the Commissioner of Labor for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of such employers. Each such application shall identify and authorize a group representative to act as the group's agent for the purpose of this paragraph. Upon his approval of the application, the Commissioner of Labor shall establish a group account for such employers effective as of the beginning of the calendar quarter in which he receives the application and shall notify the group's representative of the effective date of the account. Such account shall remain in effect for not less than two years and thereafter until terminated upon application by the group or terminated earlier for cause by the Commissioner of Labor. Upon establishment of the account, each member of the group shall be liable for payments in lieu of contributions with respect to each calendar quarter in the amount that bears the same ratio to the total benefits paid in such quarter that are attributable to service performed in the employ of all members of the group. The Commissioner of Labor shall prescribe regulations with respect to applications for establishment, maintenance and termination of group accounts that are authorized by this paragraph, for addition of new members to, and withdrawal of active members from, such accounts, and for the determination of the amounts that are payable under this paragraph by the group and members of the group and the time and manner of such payments. (f) [Repealed.] (g) [Repealed.] History: Added June 19, 1961, No. 767, Sess. L. 1961, p. 125; amended June 29, 1965, No. 1454, Sess. L. 1965, Pt. I, p. 342; Sept. 18, 1967, No. 2042, § 2, Sess. L. 1967, p. 434; Apr. 15, 1971, No. 2982, § 7, Sess. L. 1971, p. 100; July 8, 1974, No. 3594, §§ 1, 2, Sess. L. 1974, p. 190; Nov. 29, 1977, No. 4075, §§ 82-88, 90, Sess. L. 1977, pp. 311-318; Sept. 3, 1981, No. 4614, §§ 13-19, 35, Sess. L. 1981, pp. 112-114, 120; Sept. 30, 1981, No. 4617, § 2, Sess. L. 1981, p. 127; Sept. 17, 1982, No. 4741, § 12, Sess. L. 1982, p. 148; Dec. 19, 1984, No. 5025, § 3(a), (b), Sess. L. 1984, p. 400; July 19, 1990, No. 5581, §§ 1, 2, Sess. L. 1990, pp. 245, 246; Oct. 20, 1992, No. 5819, § 5, Sess. L. 1992, p. 160; Oct. 20, 1992, No. 5819, § 5, Sess. L. 1992, p. 160; Sept. 28, 1994, No. 6020, §§ 2, 3, Sess. L. 1994, pp. 211, 212; Sept. 14, 1999, No. 6294, § 3, Sess. L. 1999, p. 103; Dec. 1, 2001, No. 6481, § 1, Sess. L. 2001, p. 347; amended Oct. 5, 2012, No. 7410, § 1(1.)-(3.), Sess. L. 2012, p. 282; amended Oct. 6, 2019, No. 8209, § 2(a)-(g), Sess. L. 2019, p. 81-86; amended Apr. 11, 2024, No. 8827, § 1(c), Sess. L. 2024, p. -.

Past-Due Contributions (a) If contributions or payments in lieu of contributions are not paid on the date on which they are due and payable as prescribed by the Commissioner of Labor, the whole or part thereafter remaining unpaid shall bear interest at a rate of 9% per annum from such due date until payment is received by the Commissioner of Labor. Interest collected pursuant to the provisions of this subsection, on and after the date following the United States Secretary of Labor's approval of the Virgin Islands Unemployment Insurance Act within which designates the Virgin Islands as a "State", shall be paid into the Penalty and Interest Fund established under section 311a of this title. No interest shall be assessed if the delinquency by the employer is the result of an administrative error. Collection by suit (b) (1) If any employer defaults in any payment of contributions or in payments in lieu of contributions, or interest or penalty thereon, the amount due may, in addition to or alternatively to any other method of collection prescribed in this chapter, be collected by civil action in the name of the Commissioner of Labor in any court of competent jurisdiction, and the employer adjudged in default shall pay the costs of such action. Civil actions brought under this section to collect contributions or interest thereon from an employer shall be heard at the earliest possible date and shall be entitled to preference upon the calendar of the court over all other civil actions except petitions for judicial review under section 306 of this titlsection 24s arising under the Workers' Compensation Administration Law of the Virgin Islands. (2) Any employing unit which is not a resident of the Virgin Islands and which exercises the privilege of having one or more individuals perform service for it within the Virgin Islands, and any resident employing unit which exercises that privilege and thereafter removes from the Virgin Islands shall be deemed thereby to appoint the Lieutenant Governor as its agent and attorney for the acceptance of process in any civil action under this subsection. In instituting such an action against any such employing unit the Commissioner shall cause such process or notice to be filed with the Lieutenant Governor and such service shall be sufficient service upon such employing unit, and shall be of the same force and validity as if served upon it personally within this State. Provided, that the Commissioner shall forthwith send notice of the service of such process or notice, together with a copy thereof to such employing unit at its last known address and the Commissioner's affidavit of compliance with the provisions of this section, and a copy of the notice of service shall be appended to the original of the process filed in the court in which such civil action is pending. (3) Any court of competent jurisdiction in the Virgin Islands shall in the manner provided in paragraphparagraphs (1) and (2)subsection entertain actions to collect contributions or payments in lieu of contributions or interest thereon for which liability has accrued under the employment security law of any state or of the Federal Government. (4) No suit (including an action for a declaratory judgment) shall be maintained and no writ or process shall be issued by any court of the Virgin Islands which has the purpose or effect of restraining, delaying or forestalling the collection of any contributions or payments in lieu of contributions under this chapter or substituting any collection procedure for those prescribed by this chapter. Priorities under dissolutions or distributions (c) In any distribution of an employer's assets, judicially ordered or otherwise, including dissolution, reorganization, receivership, assignment for the benefit of creditors, administration of estates of decedents, compositions, or any similar situation, any claims for contributions, or payment in lieu of contributions and interest thereon due or accrued under this chapter which have not been reduced to a lien in accordance with the provisions of subsection (e) of this section shall be paid in full, prior to all other claims which have not been reduced to liens, including claims for taxes or other debts due the Virgin Islands. Provided, that where both a claim for contributions or payments in lieu of contributions, and a claim for wages, neither of which has been reduced to a lien, are owed by such employer, the order of priority as between such claims and other claims which have not been reduced to a lien shall, notwithstanding any other provisions of the law of the Virgin Islands to the contrary, be as follows: (1) such claims for wages, other than the remuneration of officers of corporations, in the amount of $400 to each worker, earned within 6 months of the commencement of the proceeding, or of the date of adoption of an arrangement not judicially ordered for the distribution of an employer's assets; (2) such claims for contributions and interest thereon due or accrued under this chapter; and (3) other claims in the order of priority provided by other provisions of law. Refunds (d) (1) If any individual or organization makes application for refund or credit of any amount paid as contributions or payments in lieu of contributions, interest, or penalty under this chapter and the Commissioner determines that such amount or any part thereof was erroneously collected, he may, in his discretion, (i) allow a credit, without interest, in connection with subsequent contribution payments or payments in lieu of contributions or refund from the Fund or from the contribution moneys or payments-in-lieu-of-contributions moneys in the clearing account of the Fund, without interest, the amount of contributions or payments in lieu of contributions erroneously paid, and (ii) allow a credit, without interest, in connection with subsequent interest or penalty, or refund from the interest or penalty moneys in the clearing account of the Fund or from the Penalty and Interest Fund, without interest, the amount of interest and penalty erroneously paid; Provided, that any contributions, payments in lieu of contributions, interest or penalty determined to have been erroneously collected shall, if refund or credit is allowed, be charged against the same fund into which such money was paid or the successor to such fund. No refund or credit shall be allowed with respect to a payment as contributions, payments in lieu of contributions, interest, or penalty unless an application therefor shall be made on or before whichever of the following dates is later: (A) one year from the date on which payment was made; or (B) three years from the last day of the period with respect to which such payment was made. If the Commissioner determines that contributions or payments in lieu of contributions or interest or penalty were erroneously paid to the Virgin Islands on wages insured under the employment security law of some state or of the Federal Government, refund or adjustment thereof may be made without interest, irrespective of the time limits provided in this subsection, on satisfactory proof that contributions or payments in lieu of contributions or interest or penalty on such wages have been paid to such state or to the Federal Government. Nothing in this chapter, or any part thereof, shall be construed to authorize any refund or credit of money due and payable under the law and regulations in effect at the time such money was paid. (2) In the event that any application for refund or credit is rejected, a written notice of rejection shall be forwarded to the applicant. Within 15 days after the mailing of such notice to the applicant's last known address, or in the absence of such mailing, within 15 days after delivery of such notice, the applicant may appeal to a hearing examiner setting forth the grounds for such appeal. Proceedings on such appeal shall be in accordance with the provisions of subsection (f) of this section. Assessments (e) (1) If any employer files reports for the purpose of determining the amount of contributions due but fails to pay any part of the contributions or interest due thereon, or fails to file such reports when due, or files an incorrect or insufficient report, the Commissioner may assess the contributions or interest due on the basis of the information submitted by the employer or on the basis of an estimate as to the amount due and shall give written notice of such assessment to such employer. Within fifteen days after such notice was mailed to the employer's last known address, or otherwise delivered to him, the employer may appeal to a hearing examiner setting forth the grounds for such appeal. Proceedings on such appeal shall be had in accordance with the provisions of subsection (f) of this section. (2) If the Commissioner determines that the collection of any contributions or payments in lieu of contributions or interest under the provisions of this chapter will be jeopardized by delay, he may, whether or not the time prescribed by this chapter or any regulations issued pursuant thereto for making reports and paying such contributions or payments in lieu of contributions has expired, immediately assess such contributions or payments in lieu of contributions together with interest, and shall give written notice of such assessment to the employer. In such cases the right of appeal to a hearing examiner shall be conditioned upon payment of the contributions or payments in lieu of contributions and interest so assessed or upon giving appropriate security as determined by the Commissioner to the Commissioner of Labor for the payment thereof. (3) If an employer fails to pay the amount assessed pursuant to this section, the Commissioner of Labor may file with the clerk of any court of competent jurisdiction of the Virgin Islands a certificate under his official seal, stating: the name of the employer, his address, the amount of the contributions or payments in lieu of contributions and interest assessed and in default, and that the time in which a judicial review is permitted, pursuant to subsection (f) of this section, has expired without such appeal having been taken (or that delay will jeopardize collection), and thereupon such clerk shall enter into the judgment docket of the court the name of the employer mentioned in the certificate, the amount of such contributions or payments in lieu of contributions and interest assessed and in default and the date such certificate was filed. When such certificate is duly filed and recorded, the amount of the assessment shall be a lien upon the entire interest of the employer, legal or equitable, in any property, real or personal, tangible or intangible, situated in the jurisdiction where the certificate or a copy thereof was filed. The priority of said liens shall be governed by the same rules as apply to that of a lien for taxes under the law of the Virgin Islands. No lien for contributions or payments in lieu of contributions or interest shall be valid against one who purchases personal property from the employer in the usual course of his business in good faith and without actual notice of such lien. Such lien may be enforced against any real or personal property in the same manner as a judgment of the District Court and the Superior Court duly docketed. (4) The foregoing remedies shall be in addition to all other remedies. Hearing before the hearing examiner (f) Upon appeal from an assessment or from a denial of a claim for refund or credit and after affording appellant and the Commissioner a reasonable opportunity for a fair hearing, the hearing examiner shall make findings of fact and conclusions of law and on the basis thereof affirm, modify, or reverse the action of the Commissioner. The conduct of such hearings shall be consistent with the provisions of section 306(c) of this title. Judicial review (g) The hearing examiner's decision shall be final unless within fifteen days after the notice was mailed to the last known address of a party, or otherwise delivered to it, that party initiates a proceeding for a judicial review in accordance with section 306(e) of this title. Conclusiveness of determination (h) Any determination or decision duly made in proceedings under subsection (b), (e), (f), or (g) of this section which has become final shall be binding in proceedings under subsection (d), (f), or (g) of this section relating to applications for refund or credit, insofar as such determination or decision necessarily involves the issue of whether an employing unit constitutes an employer or whether service performed for, or in connection with, the business of such employing unit constitutes employment. Liability of successor (i) (1) Any individual or organization (including the types of organizations described in section 302(j) of this title), whether or not an emsection 24it, which acquires the organization, trade or business, or a substantial part of the assets thereof, from an employer shall be liable, in an amount not to exceed the reasonable value of the organization, trade, business, or assets acquired, for any contributions or payments in lieu of contributions or interest due or accrued and unpaid by such employer, and the amount of such liability shall, in addition, be a lien against the property or assets so acquired which shall be prior to all other liens. Provided, that the lien shall not be valid as against one who acquired from the successor any interest in the property or assets in good faith, for value and without notice of the lien. On written request, made after the acquisition is completed, the Commissioner shall furnish the successor with a written statement of the amount of contributions or payments in lieu of contributions and interest due or accrued and unpaid by the employer as of the date of such acquisition, and the amount of the liability of the successor or the amount of the lien shall in no event exceed the liability disclosed by such statement. The foregoing remedies shall be in addition to all other existing remedies against the employer or his successor. (2) That the following applies regarding assignment of rates and transfers of experience: (A) If an employer transfers its trade or business, or a portion thereof, to another employer and, at the time of the transfer, there is substantially common ownership, management or control of the two employers, then the unemployment experience attributable to the transferred trade or business must be transferred to the employer to whom the business is so transferred. The rates of both employers must be recalculated and made effective immediately upon the date of the transfer of trade or business. The transfer of some or all of an employer's workforce to another employer is considered a transfer of trade or business when, as the result of the transfer, the transferring employer no longer performs trade or business with respect to the transferred workforce, and the trade or business is performed by the employer to whom the workforce is transferred. (B) If, following a transfer of experience under paragraph (2), the Commissioner determines thparagraph (2)ial purpose of the transfer of trade or business was to obtain a reduced liability for contributions, then the experience rating accounts of the employers involved must be combined into a single account and a single rate assigned to the account. (3) Whenever a person who is not an employer under this section at the time it acquires the trade or business of an employer, the unemployment experience of the acquired business must not be transferred to the person, if the Commissioner finds that the person acquired the business solely or primarily for the purpose of obtaining a lower rate of contributions. Instead the person must be assigned the applicable rate or a rate of 1.0% new employer rate under title 24 Virgin Islands Code, chaptetitle 24 Virgi308nds Code, chapter 12, section 24 whether the business was acquired solely or primarily for the purpose of obtaining a lower rate of contributions, the Commissioner must use objective factors which may include the cost of acquiring the business, how long such business enterprise was continued, or whether a substantial number of new employees were hired for performance of duties unrelated to the business activity conducted prior to acquisition. (4) (A) If a person knowingly violates or attempts to violate subsections (i)(2) or (i)(3) or any other provision of this section related to determining the assignment of a contribution rate, or if a person knowingly advises another person in a way that results in a violation of the provision, the person shall be subject to the following penalties: (i) If the person is an employer, then the employer must be assigned the highest rate assignable under this section for the rate year during which the violation or attempted violation occurred and the three years immediately following this rate year. However, if the person's business is already at the highest rate for any year, or if the amount of increase in the person's rate would be less than 2 percent for the year, then a penalty rate of contributions of 2 percent of taxable wages must be imposed for the year. (ii) If the person is not an employer, the person is subject to a civil money penalty of not more than $5,000. Any fine must be deposited in the penalty and interest account established under title 24 Virgin Islands Code, section 311a, subsection (a). (B) For purposes of this section, term "knowingly" means having actual knowledge of or acting with deliberate ignorance or reckless disregard for the prohibition involved. (C) For purposes of this section, the term "violates or attempts to violate" includes, but is not limited to, intent to evade, misrepresent or nondisclosure. (D) In addition to the penalty imposed by paragraph (4), any violatioparagraph (4)tion may be prosecuted as a felony pursuant to title 14 Virgin Islands Code, chapter 1, subchapter 1. (5) The Commissioner must establish procedures to identify the transfer or acquisition of a business for purposes of this section. (6) For purposes of this section: (A) "Person" has the meaning given such term by section 7701(a)(1) of the Internal Revenue Code of 1986, and (B) "Trade of business" includes the employer's workforce. (7) This section must be interpreted and applied in a manner as to meet the minimum requirements contained in any guidance or regulations issued by the United States Department of Labor. Contributions paid in error to a State (j) Contributions due under this chapter with respect to wages for insured work shall for the purpose of this section be deemed to have been paid to the fund as of the date payment was made as contributions therefor under a state or Federal employment security law if payment into the fund of such contributions is made on such terms as the Commissioner finds will be fair and reasonable as to all affected interests. Payments to the fund under this subsection shall be deemed to be contributions for purposes of section 308 of this title. [Delinquent accounts] (k) The Commissioner of Labor shall have the power and authority to prescribe criteria pursuant to which he may declare delinquent accounts uncollectible. Such criteria shall include, but need not be limited to, exhaustion of collection remedies specified in this chapter, failure for 10 years to discover assets of the delinquent employer which are subject to execution in the Virgin Islands, and the continuing liability of said employer for the amount of the delinquent account which remains in arrears. History: Added June 19, 1961, No. 767, Sess. L. 1961, p. 125; amended Mar. 29, 1962, No. 863, § 1(c), (d), (e); June 25, 1963, No. 1036, § 4, Sess. L. 1963, p. 401; Mar. 1964, No. 1104, §§ 3, 4, Sess. L. 1964, p. 47; Sept. 18, 1967, No. 2042, §§ 3-5, Sess. L. 1967, p. 434; Nov. 29, 1977, No. 4075, §§ 91-109, Sess. L. 1977, pp. 318-323; Sept. 3, 1981, No. 4614, §§ 20-23, 35, Sess. L. 1981, pp. 114-115, 120; Sept. 28, 1994, No. 6020, § 4, Sess. L. 1994, p. 212; Oct. 13, 1994, No. 6033, § 1(s), Sess. L. 1994, p. 249; Oct. 17, 2005, No. 6790, §§ 1 1., 2., Sess. L. 2005, pp. 347-349; amended Apr. 11, 2024, No. 8827, § 1(d), Sess. L. 2024, p. -.

(a) There is hereby established in the Treasury of the Virgin Islands as a special fund, separate and apart from all public money or funds of the Virgin Islands, an Unemployment Fund, which shall be administered by the Commissioner of Labor exclusively for the purposes of this chapter. This fund shall consist of: (1) all contributions and payments in lieu of contributions collected pursuant to the provisions of this chapter; (2) all interest earned upon any money in this Unemployment Fund; (3) all property or securities acquired in lieu of contributions or other liabilities to this Unemployment Fund; (4) all earnings of such property or securities; (5) all money recovered on losses sustained by this Unemployment Fund; (6) all money received from the Federal unemployment account in the Unemployment Trust Fund in accordance with Title XII Title XIIcial SecSocial Security Acted; (7) all money credited to the Virgin Islands' account in the Unemployment Trust Fund pursuant to Section 9Section 903 of the Social Security Actded; and (8) all money received for this Unemployment Fund from any other source. All money in the Unemployment Fund shall be commingled and undivided. This Unemployment Fund shall be commingled and undivided. This Unemployment Fund shall be established effective on the day after the date of approval of the Virgin Islands Unemployment Insurance Act by the United States Secretary of Labor pursuant to 26 U.S.C.3304(a) of the Internal Revenue Code of 1954, at which time the "Unemployment Subfund" within the "Trust and Legacy Fund" shall be cancelled and thereafter cease to exist and the provisions of this subsection (a) as in effect prior to such date shall thereafter be inoperative and of no effect. [Separate accounts within the Unemployment Fund] (b) (1) The Commissioner of Finance shall be the treasurer and custodian of the Unemployment Fund. (2) The Commissioner shall maintain within the Unemployment Fund three separate accounts: a clearing account, an Unemployment Trust Fund Account, and a benefit account. The benefit account shall consist of all money requisitioned from the account of the Virgin Islands in the Unemployment Trust Fund in the Treasury of the United States for the payment of unemployment benefits. All money payable to the Unemployment Fund shall, upon receipt thereof by the Commissioner, be immediately deposited in the clearing account, unless deposited directly in the Unemployment Trust Fund Account in accordance with Federal law. (3) Except as herein otherwise provided with respect to refunds of contributions or payments in lieu of contributions, all money in the clearing account which is payable to the Unemployment Fund shall, after clearance, be deposited immediately with the Secretary of the Treasury of the United States of America to the credit of the account of the Virgin Islands in the Unemployment Trust Fund established and maintained pursuant to Section 904 of theSection 904 of the Social Security Actithstanding any provision of law of the Virgin Islands relating to the deposit, administration, investment, release, or disbursement of money in the possession or custody of the Government of the Virgin Islands to the contrary. (4) Refunds of contributions or payments in lieu of contributions or penalty or interest which pursuant to section 309(d)(1) of this chapter are payable from the Unemployment Fund, shall be paid from the clearing account. Interest and penalty payments may, upon receipt thereof by the Commissioner, be deposited in the clearing account but only for purposes of clearance and shall not become a part of the Unemployment Fund. After clearance, the moneys derived from such payments shall be transferred to the Penalty and Interest Fund. Refunds of any such payments shall be made pursuant to the provisions of section 309(d)(1) of this chapter from the Penalty and Interest Fund. (5) Except as herein otherwise provided, money in the clearing and benefit accounts which is payable to the Unemployment Fund may be deposited in any depository bank in which the general funds of the Government of the Virgin Islands may be deposited, but no public deposit insurance charge or premium shall be paid out of the Unemployment Fund. Such money in the clearing and benefit accounts shall not be commingled with other funds of the Government of the Virgin Islands, but shall be maintained in separate accounts on the books of the depository bank and shall be secured by the depository bank in which it is held to the same extent and in the same manner as required for all other funds of the Government of the nited States Virgin Islands. The Commissioner shall give a bond conditioned upon the faithful performance of his duties as custodian and treasurer of the Unemployment Fund in an amount not to exceed $100,000. The bond shall be approved as to legality and form by the Attorney General of the Virgin Islands. Expenditures from the Penalty and Interest Fund (c) Expenditures of money in the benefit account and refunds from the clearing account or the Penalty and Interest Fund shall not be subject to any provision of law requiring specific appropriations or other formal release by officials of the Government of the Virgin Islands of money in their custody. All warrants issued for the payment of benefits or refunds of contributions or payments in lieu of contributions shall be on the authority of and bear the signature of the Commissioner of Labor, and shall be submitted by him to the Commissioner of Finance for payment thereof; Provided, however, That notwithstanding the provisions of section 3202 of Title 33, the Commissioner may designate an officer or employee of the Virgin Islands Employment Security Agency as a disbursing officer for the payment of benefits only. [Advances and repayment] (d) The Governor of the Territory of the Virgin Islands is authorized to apply as necessary for advances to the Unemployment Fund of the Virgin Islands from the Federal Unemployment Account in the Unemployment Trust Fund, and to accept the responsibility for the repayment of such advance in accordance with the conditions specified in Title III of the Emergency Compensation and Special Unemployment Assistance Extension Act of 1975, as amended, Title XII of the Social Security Act and section 3302(c) of the Internal Revenue Code of 1954 in order to secure to the Virgin Islands the advantages available under the provisions of such laws. [Requisitioned money] (e) (1) Money requisitioned from the account of the Virgin Islands in the Unemployment Trust Fund shall be used exclusively for the payment of benefits pursuant to this chapter, except that money credited to the Virgin Islands' account pursuant to Section 9Section 903 of the Social Security Actded, shall be used exclusively as provided in subsection (f) of this section. The Commissioner of Labor shall from time to time requisition from the Unemployment Trust Fund such amounts of money, not exceeding the amounts standing to the account of the Virgin Islands, as he deems necessary for the payment of such benefits for a reasonable future period. Upon receipt thereof, such money shall be deposited in the benefit account. (2) Any balance of money requisitioned from the Unemployment Trust Fund which remains in the benefit account after the expiration of the period for which it was requisitioned shall be deducted from estimates for, and utilized in the payment of, benefits during succeeding periods, or, in the discretion of the Commissioner of Labor shall be redeposited with the Secretary of the Treasury of the United States of America to the credit of the account of the Virgin Islands in the Unemployment Trust Fund. [Unemployment Trust Fund] (f) (1) Money credited to the Virgin Islands' account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of America pursuant to Section 903 of theSection 903 of the Social Security Actitioned from that account or used except for the payment of benefits and for the payment of expenses incurred for the administration of this chapter. Such money may be requisitioned pursuant to section 310(e) for the payment of benefits. Such money may also be requisitioned and used for the payment of expenses incurred for the administration of this chapter and chapter 7 (the chachapter 7ting to Public Employment Service) of this title but only pursuant to a specific appropriation by the Legislature and only if the expenses are incurred and the money is requisitioned after the enactment of an appropriation law which: (A) Specifies the purpose or purposes for which such money is appropriated and the amount(s) appropriated therefor; (B) Limits the period within which such money may be obligated to a period ending not more than 2 years after the date of the enactment of the appropriation law; and (C) Limits the amount which may be obligated during any 12-month period beginning on July 1 and ending on the next June 30 to an amount which does not exceed the amount by which (i) the aggregate of the amounts credited to the Virgin Islands' account pursuant to Section 903 of theSection 903 of the Social Security Act2-month period and the twenty-four preceding 12-month periods, exceeds (ii) the aggregate of the amounts obligated for administration and paid out for benefits and charged against the amounts credited to the Virgin Islands' account during such twenty-five 12-month periods. (2) Amounts credited to the Virgin Islands' account in the Unemployment Trust Fund under Section 9Section 903 of the Social Security Acte obligated for administration or paid out for benefits shall be charged against equivalent amounts which were first credited and which are not already so charged; except that no amount obligated for administration during a 12-month period specified herein may be charged against any amount credited during such a 12-month period earlier than the twenty-fourth month preceding such period. (3) Money appropriated as provided herein for the payment of expenses of administration shall be requisitioned as needed for the payment of obligations incurred under such appropriation and, upon requisition shall be deposited in the Employment Security Administration Fund from which such payments shall be made. Money so deposited shall, until expended, remain a part of the Unemployment Fund and, if it will not be expended, shall be returned promptly to the Virgin Islands' account in the Unemployment Trust Fund. [Continuation of provisions] (g) The provisions of subsections (a) through (f) of this section shall be operative only so long as such Unemployment Trust Fund continues to exist and so long as the Secretary of the Treasury of the United States of America continues to maintain for the Virgin Islands a separate book account of all funds deposited therein by the Government of the Virgin Islands, together with the proportionate share of the Virgin Islands of the earnings of such Unemployment Trust Fund, from which Fund no other State is permitted to make withdrawals. If and when such Unemployment Trust Fund ceases to exist, or such separate book account is no longer maintained, all money belonging to the Unemployment Fund of the Virgin Islands shall be administered by the Commissioner of Labor as a trust fund exclusively for the purposes of this chapter, and the Commissioner of Labor shall have authority to hold, invest, transfer, sell, deposit and release such money, and any properties, securities, or earnings acquired as an incident to such administration. Such money shall be invested in bonds or other interest bearing obligations of the United States of America or of the Virgin Islands so that all the assets of the Unemployment Fund shall always be readily convertible into cash when needed for the payment of benefits. [Payments authorized for credit] (h) The Commissioner of Labor is authorized and directed to pay over, to the Secretary of the Treasury of the United States for credit to the Virgin Islands' account in the Unemployment Trust Fund, an amount equal to the excess of (A) the aggregate of the moneys received before said payment in the Virgin Islands Unemployment Insurance Subfund, including interest on any such moneys that have been invested, over (B) the aggregate of the moneys paid from such Fund before said payment to the Secretary of the Treasury of the United States as unemployment compensation or as refunds of contributions erroneously paid. The provisions of this subsection shall become effective on the day after the date the Secretary of Labor of the United States approves the Virgin Islands Unemployment Insurance Act under section 3304(a) of the Internal Revenue Code of 1954. History: Added June 19, 1961, No. 767, Sess. L. 1961, p. 125; amended Mar. 29, 1962, No. 863, § 1(f); June 25, 1963, No. 1036, § 4, Sess. L. 1963, p. 401; Jan. 28, 1964, No. 1065, Sess. L. 1964, p. 9; Sept. 18, 1967, No. 2042, § 6, Sess. L. 1967, p. 435; May 22, 1970, No. 2721, Sess. L. 1970, p. 122; Apr. 15, 1971, No. 2982, § 6, Sess. L. 1971, p. 99; Nov. 29, 1977, No. 4075, §§ 110-118, Sess. L. 1977, pp. 323-328; Sept. 3, 1981, No. 4614, §§ 24, 25, 35, Sess. L. 1981, pp. 115, 120.

(a) There is hereby established, in the Treasury of the Virgin Islands, a special fund to be known as the Employment Security Administration Fund, effective on the day after the date the Secretary of Labor of the United States approves the Virgin Islands Unemployment Insurance Act under section 3304(a) of the Internal Revenue Code of 1954. The Commissioner of Finance shall be the custodian of this fund. All moneys deposited or paid into this fund shall be continuously available to the Commissioner of Labor for expenditure in accordance with the provisions of this chapter, and chapter 7 of this title, and shall not lapse at any time or be transferred to any other fund. This fund shall consist of any money appropriated by the Virgin Islands in accordance with subsection (d) of this section; all money received from the United States of America, or any agency thereof, and all money received from any agency of the United States or any other State as compensation for services or facilities supplied to such agency; all amounts received pursuant to any surety bond, or insurance policy, or from other sources for losses sustained by the Employment Security Administration Fund or by reason of damage to property, equipment, or supplies purchased from money in such fund; all proceeds realized from the sale or disposition of any such property, equipment, or supplies which may no longer be necessary for the proper administration of this chapter and chapter 7 of this title; all moneys transferred to this fund, pursuant to the provisions of subsection (e) of this section, from the Employment Service Administration Fund and the Unemployment Insurance Administration Fund; and all money received from any other source for the administration of this chapter or chapter 7 of this title. Notwithstanding any provision of this section, all money requisitioned and deposited in this fund pursuant to section 310(f)(3) of this title shall remain part of the Unemployment Fund and shall be used only in accordance with the conditions specified in section 310(f) of this chapter. (b) Such money shall be secured by the depository bank in which it is held to the same extent and in the same manner as required by the general depository law of the Virgin Islands, and collateral pledged shall be maintained in a separate custody account. The Commissioner of Finance shall be liable on his official bond for the faithful performance of his duties in connection with the Employment Security Administration Fund provided under this chapter. Such liability on the official bond shall be effective immediately upon the enactment of this provision, and such liability shall exist in addition to any liability upon any separate bond existent on the effective date of this provision, or which may be given in the future. (c) All money in the Employment Security Administration Fund shall be deposited, administered and disbursed in the same manner and under the same conditions and requirements as are provided by law for other special funds in the Treasury of the Virgin Islands, except that money in this fund shall not be commingled with other funds of the Virgin Islands, but shall be maintained in a separate account on the books of a depository bank. All money in this fund, except money received pursuant to section 310(f)(3), shall be expended solely for the purposes and in amounts found necessary by the Secretary of Labor for the proper and efficient administration of this chapter and chapter 7 of this title. (d) If any money in the Employment Security Administration Fund paid to the Virgin Islands under Title III of the Social Security Act, or the Wagner-Peyser Act, is found by the Secretary of Labor of the United States, because of any action or contingency, to have been lost or to have been expended for purposes other than, or in amounts in excess of, those found necessary by the Secretary of Labor for the proper and efficient administration of this chapter or chapter 7 of this title, such money shall be replaced from the moneys in the Penalty and Interest Fund, or, in the event that the moneys in that fund are insufficient for this purpose, it shall be replaced by money appropriated for such purpose from the general funds of the Virgin Islands to the Employment Security Administration Fund for the expenditure as provided in subsection (c) of this section. Upon receipt of notice of such a finding by the Secretary of Labor, the Commissioner of Labor shall promptly replace the amount required for such replacement from the Penalty and Interest Fund, or, if the balance in that fund is insufficient, he shall promptly report the amount required for such replacement to the Governor, and the Governor shall, at the earliest opportunity, submit to the Legislature a request for the appropriation of such amount. (e) (1) Any money received from the United States or any agency thereof for the administration, pursuant to chapter 7chapter 7title, of the public employment offices of the Virgin Islands agency cooperating with the United States Employment Service, under the Act of June 6, 1933 (48 Stat. 48 Stat. 113nded, which has been deposited in the Employment Service Administration Fund prior to the date after the date the Secretary of Labor of the United States approves the Virgin IsVirgin Islands Unemployment Insurance Actction 3304(a) o3304(a) of the United States Internal Revenue Code of 1954ch remains unexpended as of such date, shall, any other provisions of law to the contrary notwithstanding, be transferred by the Commissioner of Finance to the Employment Security Administration Fund as of such date. Thereafter, the Employment Service Administration Fund, which was created pursuant to the provisions of section 154, chap154, chapter 7title, shall be discontinued, and any moneys received thereafter from the United States or any agency thereof pursuant to chapter 7chapter 7administration of the public employment offices of the Virgin Islands agency cooperating with the United States Employment Service under the Act of June 6, 1933 (48 Stat. 48 Stat. 113nded, shall be deposited in the Employment Security Administration Fund. (2) Notwithstanding any other provisions of law to the contrary, there shall be transferred to the Penalty and Interest Fund all money deposited in the Unemployment Insurance Administration Fund prior to the day after the date the Secretary of Labor of the United States approves the Virgin Islands Unemployment Insurance Act under section 3304(a) of the United States Internal Revenue Code of 1954, all interest due prior to said date pursuant to section 309 of this chapter, all penalties due prior to said date pursuant to section 313(b)(2) of this chapter, all moneys due prior to said date from the Government of the Virgin Islands to the Unemployment Insurance Administration Fund under the former second paragraph of section 308(d) of this chapter, and all other moneys due from contributions prior to said date to the Unemployment Insurance Administration Fund. History: Added June 19, 1961, No. 767, Sess. L. 1961, p. 125; amended June 25, 1963, No. 1036, § 4, Sess. L. 1963, p. 401; Sept. 18, 1967, No. 2042, § 7, Sess. L. 1967, p. 435; Nov. 29, 1977, No. 4075, §§ 119-124, Sess. L. 1977, pp. 328-331; Sept. 3, 1981, No. 4614, §§ 26, 35, Sess. L. 1981, pp. 115, 120.

(a) There is hereby established in the Treasury of the Virgin Islands a special fund, separate and apart from all public money or funds of the Virgin Islands, to be known as the Penalty and Interest Fund. This fund shall consist of all interest and penalties collected under the provisions of this chapter after the date the Secretary of Labor of the United States approves the Virgin Islands Unemployment Insurance Act under section 3304(a) of the United States Internal Revenue Code of 1954, of all moneys which pursuant to the provisions of section 311(e)(2) of this chapter are transferred to this fund from the Unemployment Insurance Administration Fund, and of all moneys otherwise due to this fund pursuant to the provisions of section 311(e)(2) of this chapter. (b) All interest and penalty payments, as well as all other payments referred to in section 311(e)(2) of this chapter, collected pursuant to the provisions of this chapter on and after the date specified in subsection (a) of this section may be deposited in the clearing account of the Unemployment Fund for clearance only and shall not become a part of said fund. After clearance, the moneys derived from such payments shall be deposited in the Penalty and Interest Fund. All moneys in the Penalty and Interest Fund shall be deposited, administered and disbursed in the same manner as is provided by law for other special funds in the Treasury of the Virgin Islands, except that moneys in this fund shall not be commingled with other funds of the Government of the Virgin Islands, but shall be maintained in a separate account on the books of the depository bank. The Commissioner of Finance shall be the custodian of, and shall be liable on his official bond for the faithful performance of his duties in connection with, the Penalty and Interest Fund. Such liability on the official bond shall exist in addition to the liability upon any other separate bond which may be given by the Commissioner. All sums recovered on any such official bond for losses sustained by the Penalty and Interest Fund shall be deposited in this fund. The premium for such official bond shall be paid from the moneys in the Penalty and Interest Fund. Balances to the credit of the Penalty and Interest Fund shall be continuously available to the Commissioner of Labor for expenditures consistent with the provisions of this section. Whenever the Commissioner of Finance determines that the amount in the Penalty and Interest Fund is in excess of the amount necessary for current needs and those in the immediate future, he shall transfer the excess amount to the Unemployment Fund. (c) The moneys in the Penalty and Interest Fund may be used by the Commissioner of Labor for: (1) Any purpose which is necessary to fulfill the objectives of this chapter or chapter 7 of this title and for whicchapter 7 grants or other funds are not available. (2) Payment of any expenses incurred in the administration of this chapter or chapter 7 of this title whichapter 7t properly and validly chargeable against Federal granted funds or other funds received for, or in, the Employment Security Administration Fund. (3) Replacement, within a reasonable time and subject to the provisions of section 311 of this chapter, of any moneys received by the Virgin Islands Employment Security Agency in the form of grants from the Federal Government for administrative expenses which because of any action or contingency have been lost or have been expended for purposes other than, or in amounts in excess of, those considered by the Secretary of Labor of the United States to be necessary for the proper and efficient administration of this chapter or chapter 7 of this title. (4) A revolving fund to cover expenditures under this chapter and chapter 7chapter 7title for which Federal funds have been duly requested but not yet received, subject to the replacement of the amount expended when such funds are received. (5) Refunds of erroneously collected interest and penalties, subject to the provisions of section 309(d) (1) of this chapter. History: Added Nov. 29, 1977, No. 4075, § 125, Sess. L. 1977, p. 332; Sept. 3, 1981, No. 4614, §§ 27, 35, Sess. L. 1981, p. 116, 120.

(a) The Unemployment Insurance Service, designated as a division of the Virgin Islands Employment Security Agency by section 153 of this title, shall be administered in accordance with the provisions of this chapter. [Additional duties and powers of the Commissioner of Labor] (b) In addition to the duties prescribed in section 153 of this title, it shall be the duty of the Commissioner of Labor to administer this chapter; and he shall have the power and authority to adopt, amend, or rescind such rules and regulations, to employ such persons, make such expenditures, require such reports, make such investigations, devise such methods of procedure, and take such other action as he deems necessary or suitable to that end. The Commissioner of Labor shall appoint all employees whom he employs pursuant to the provisions of this subsection in accordance with the merit system standards which are prescribed in section 153(d) of chapter 7 of this title with respect to the appointment of employees who are employed for the administration of said chapter 7. The Commissioner may delegate such power and authority as he deems reasonable and proper for the effective administration of this chapter. Research and publication (c) (1) The Commissioner shall study and make recommendations on the most effective methods of providing economic security through unemployment insurance, employment service and related programs and shall take appropriate steps to promote the re-employment of unemployed workers throughout the Virgin Islands in every way that may be feasible; and to these ends shall carry on and publish the results of investigations and research studies. (2) The Commissioner of Labor shall cause to be printed for distribution to the public the text of this chapter, his regulations, and any other material he deems relevant and suitable, and shall furnish the same to any person upon application. Records and reports of employing units (d) (1) Each employing unit shall keep true and accurate work records for the preceding 10 calendar years and containing such information as the Commissioner may prescribe. Such records shall be open to inspection and be subject to being copied by the Commissioner or his authorized representatives at any reasonable time and as often as may be necessary. (2) The Commissioner of Labor or a hearing examiner may require from any employing unit, with respect to persons who are performing or have performed service for it, any sworn or unsworn reports which are deemed necessary for the effective administration of this chapter. Preservation and destruction of agency records (e) (1) The Commissioner of Labor may cause to be made such summaries, compilations, photographs, duplications, or reproductions of any records, reports, or transcripts thereof as he may deem suitable for the effective and economical preservation of the information contained therein, and such summaries, compilations, photographs, duplications, or reproductions, duly authenticated, shall be admissible in any proceedings under this chapter if the original record or records would have been admissible therein. (2) The Commissioner of Labor may provide by regulation for the destruction, after reasonable periods, of any records, reports, transcripts, other papers in his custody, or reproductions thereof, the preservation of which is no longer necessary for the establishment of contribution liability or of benefit rights, or for any other purpose necessary to the proper administration of this chapter, including any required audit thereof. Authority to administer oaths and issue subpoenas (f) (1) In the discharge of the duties imposed by this chapter, the Commissioner, or any duly authorized representative, shall have the power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses and production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with a disputed claim or the administration of this chapter. (2) In case of contumacy by any person during a hearing or other investigation under this chapter, or in case any person refuses to obey a subpoena which has been served on him under this chapter, the Commissioner, or any duly authorized representative, may apply for court order to be issued to such person. Upon such application, the order may be issued by any court of the Virgin Islands within whose jurisdiction the investigation is being carried on. The order may require such person to appear before the official who is conducting the investigation, to produce records or other evidence if so ordered by such official, and to give testimony there regarding the matter under investigation. Failure to obey such order of the court may be punished by said court as a contempt thereof. (3) No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the Commissioner, or any duly authorized representative, or in obedience to a subpoena, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. Representative of Agency in court (g) (1) In any civil action to enforce the provisions of this chapter and in any proceeding for judicial review pursuant to sections 306(e)(1) and 309(g) of this title, the Commissioner, the hearing examiner, and the Government of the Virgin Islands may be represented by any qualified attorney who is employed by the Commissioner and is designated by him for the purpose or at the Commissioner's request, by the Attorney General, or if the action is brought in the courts of any state, by any attorney qualified to appear in the courts of that state. (2) All criminal actions for violation of any provision of this chapter or of any regulations issued pursuant to this chapter, shall be prosecuted by the Attorney General of the Virgin Islands. Disclosure of information (h) Except as otherwise provided in this chapter, information obtained from any employing unit or individual pursuant to the administration of this chapter, and determinations as to the benefit rights of any individual shall be held confidential and shall not be disclosed or be open to public inspection in any manner revealing the individual's or the employing unit's identity. Any claimant (or his authorized representative) shall be supplied with information from the records of the agency, to the extent necessary for the proper presentation of his claim in any proceeding under this chapter with respect thereto. The Commissioner of Labor shall disclose information to the following, in accordance with regulations which he shall prescribe: (1) any agency of any state or any federal agency, charged with the administration of any unemployment compensation program or the maintenance of a system of public unemployment offices, and (2) any agency of the United States charged with the administration of public works or assistance through public employment, the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient's rights to further benefits under this chapter. The Commissioner of Labor may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with such request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Federal Unemployment Tax Act and (3) public officials required for the performance of their public duties, provided that adequate safeguards are established to ensure that disclosure of such information will not be made by such public officials for any reason other than the performance of their public duties. (4) The publication requirements in section 3261, Title 33, Virgin Islands Code, shall not apply when undeliverable benefit checks are cancelled. Federal-State cooperation (i) (1) In the administration of this chapter, the Commissioner shall cooperate with the United States Department of Labor to the fullest extent consistent with the provisions of this chapter, and shall, in accordance with Title 3, chapter 35, ViTitle 3lachapter 35, Virgin Islands Codelations, and employ such administration methods and standards as may be necessary to secure to the Virgin Islands all advantages available under the provisions of the Social Security Act thaSocial Security Actt compensation, the Federal Unemployment TaFederal Unemployment Tax Act the FWagner- Peyser Actnded UnemFederal-State Extended Unemployment Compensation Act of 1970s may alter the provisions of this chapter to the extent necessary to secure such advantages but shall remain in effect only until such time as appropriate legislation to secure such advantages is enacted. (2) The Commissioner shall comply with the regulations and directives of the Secretary of Labor of the United States relating to the receipt and expenditure by the Virgin Islands of money granted under any of such acts, and shall make such reports, in such form and containing such information as the Secretary of Labor may from time to time require, and shall comply with such provisions as the Secretary of Labor may from time to time find necessary to assure the corrections and verification of such reports. The Commissioner shall afford reasonable cooperation with every agency of the United States charged with the administration of any employment security law. (3) The Commissioner of Labor is authorized to make such investigations, obtain and transmit such information, make available such services and facilities, and exercise such of the other powers provided herein with respect to the administration of this chapter and of any powers granted him in chapter 7chapter 7title with respect to the administration of that chapter as he deems necessary or appropriate to facilitate the administration of any State or Federal public employment service law or law providing for compensation, allowances, or assistance with respect to unemployment or training and related services, and, in like manner, to accept and utilize information, services and facilities made available to the Virgin Islands by the agency charged with the administration of such other State or Federal law. (4) In the administration of the provisions in section 315 of this chapter, which are enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, the Commissioner shall take such action as may be necessary (i) to ensure that the provisions are so interpreted and applied as to meet the requirements of such Federal Act as interpreted by the United States Department of Labor, and (ii) to secure to the Virgin Islands the full reimbursement of the regular and extended benefits paid under this chapter that are reimbursable under the Federal Act. [Unemployment Insurance Advisory Council] (j) The Commissioner of Labor shall appoint an Unemployment Insurance Advisory Council, composed of men and women, including an equal number of employer representatives and employee representatives who may fairly be regarded as representative because of their vocation, employment, or affiliations, and of such members representing the general public as the Commissioner may designate. Such council shall aid the Commissioner in reviewing the unemployment insurance program as to its content, adequacy and effectiveness and to make recommendations for its improvement. Members of the Unemployment Insurance Advisory Council shall serve without compensation but shall be reimbursed for any travel and subsistence expense incurred, in accordance with the travel and subsistence regulations applicable to employees of the Virgin Islands Employment Security Agency. The Advisory Council shall meet as frequently as the Commissioner deems necessary but not less than twice each year. The Advisory Council shall make reports of its meetings to the Commissioner, which shall include a record of its discussions and its recommendations. The Commissioner of Labor shall make such reports available to any interested persons or groups. History: Added June 19, 1961, No. 767, Sess. L. 1961, p. 125; amended June 25, 1963, No. 1036, § 6, Sess. L. 1963, p. 402; Nov. 29, 1977, No. 4075, §§ 126-130, Sess. L. 1977, pp. 333-335; Sept. 3, 1981, No. 4614, §§ 28-32, 35, Sess. L. 1981, pp. 116-117, 120; June 24, 1987, No. 5265, § 1101(d), Sess. L. 1987, p. 89; amended Apr. 11, 2024, No. 8827, § 1(e), Sess. L. 2024, p. -.

(a) (1) An insured worker shall be disqualified for waiting-week credit or benefits for any week of his unemployment if within the 24 calendar months immediately preceding such week he has, with intent to defraud by obtaining any benefits not due under this chapter, made a false statement or misrepresentation of a material fact, knowing it to be false or knowingly failed to disclose a material fact. The disqualification shall begin with the week in which the notice of such determination is mailed or otherwise delivered to the individual and shall continue for not more than the 51 weeks immediately following such week as determined by the Commissioner of Labor. The amount of the overpayment, if any, shall be the actual amount received by reason of the nondisclosure or misrepresentation. Provided, however, that no disqualification shall be imposed if proceedings have been undertaken against the claimant under paragraphparagraph 2subsection. (2) Any person who makes a false or knowingly fails to disclose a material fact with intent to defraud by obtaining or increasing any benefit under this chapter or under an unemployment security law of any state, the Federal Government, or of a foreign government, either for himself or for any other person, shall be fined not less than $50 nor more than either $200 or an amount equal to five (5) times the amount of unemployment insurance benefits obtained in such false or fraudulent manner. However, in no instance shall the fine assessed be less than 15 percent of the amount of unemployment insurance benefits due to claimant fraud. In addition to the fines, a criminal penalty of imprisonment maybe imposed for not longer than sixty (60) days, and each such false statement, or representation, or failure to disclose a material fact shall constitute a separate offense. An amount equal to 15 percent of each over payment on which these penalties are assessed, will be transferred directly into the Unemployment Trust Fund account upon recovery. Misrepresentation by employing unit (b) (1) Any employing unit, or any officer or agent of an employing unit or any other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to defraud an individual by preventing or reducing the payment of benefits to which such individual would otherwise be entitled, or to avoid becoming or remaining a subject employer, or to avoid or reduce any contribution or other payment required from an employing unit under this chapter or under the employment security law of any state, the Federal Government, or of a foreign government, or who willfully fails or refuses to make any such contributions, or other payment, or to furnish any reports required hereunder or to produce, or permit the inspection or copying of records as required hereunder, shall be fined not less than $50 nor more than either $200 or an amount equal five (5) times the amount by which such employer benefited himself through false or fraudulent means, whichever is greater, or imprisoned for not longer than sixty (60) days, or both; and each such false payment or representation or failure to disclose a material fact, and each day such failure or refusal continues shall constitute a separate offense. (2) If any employing unit fails to file any report required by the Commissioner in the administration of this chapter on or prior to the assigned due date for such report, he shall be liable for a penalty of $5.00 for each calendar month or fraction thereof that such employing unit is delinquent, unless the Commissioner determines that such employing unit had good cause for failure to file such report or reports; Provided, however, That such penalty shall not exceed $60.00 for any one calendar year for any one employing unit. Upon discovery of such delinquency, the Commissioner shall promptly send a written notice to the employing unit requesting the filing of the delinquent report or reports and the payment of the penalty due. Within 15 days after such written request was mailed to the employing unit's last known address or otherwise delivered, the employing unit may appeal such request to a hearing examiner setting forth the reasons for such appeal. Proceedings on such appeal shall be in accordance with the provisions of subsection (f) of section 309 of this chapter and proceedings for judicial review of any decision rendered as a result of such appeal shall be in accordance with the provisions of subsection (g) of section 309 of this chapter. Penalties collected pursuant to the provisions of this paragraph shall be paid into the Penalty and Interest Fund. (3) An employing unit's unemployment insurance account cannot be relieved of charges relating to an overpayment from the Unemployment Trust Fund if the Commissioner determines that the overpayment was made because the employing unit or an agent of the employing unit was at fault for failing to respond timely or adequately to a written or electronic request from the department of information relating to the claim for unemployment compensation. Noncompliance with subpoena of Agency (c) Any person who, without just cause, fails or refuses to attend and testify, or to answer any lawful inquiry, or to produce books, papers, correspondence, memoranda, and other records, if it is in his power so to do, in obedience to a subpoena of the Commissioner, a hearing examiner, or any duly authorized representative of any of them, shall be fined not less than $25 nor more than $200 or imprisoned for not longer than 60 days, or both; and each day such failure or refusal continues shall constitute a separate offense. Violation of law or regulations (d) Any person who wilfully violates any provisions of this chapter or any order or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this chapter, and for which a penalty is neither prescribed in this chapter nor provided by any other applicable statute, shall be fined not less than $25 nor more than $200 or imprisoned for not longer than 60 days, or both; and each day such violation continues shall constitute a separate offense. Unauthorized disclosure of information (e) If the Commissioner or any employee of the Service, in violation of the provisions of section 312(h) of this title, makes any disclosure of information obtained from any employing unit or individual in the administration of this chapter, or if any person who has obtained any list of applicants for work or of claimants or recipients of benefits under this chapter uses or permits the use of such list for any purpose not authorized by section 312(h) of this title, he shall be fined not less than $25 nor more than $200 or imprisoned for not longer than 90 days, or both. (f) Any employing unit liable for contributions under the provisions of this chapter which refuses to make reports required under the provisions of this chapter or which fails to pay such contributions when due or to pay any interest or penalty required by the provisions of this chapter may be enjoined from operating its business in the Virgin Islands until it complies with all of the provisions of this chapter and until it enters into a bond with a surety, to be approved by the Commissioner, in an amount not to exceed all contributions estimated to become due from said employing unit under the provisions of this chapter for any 6-month period, with such bond being conditioned on the employing unit's compliance with the reporting requirements of this chapter, payment of contributions which are due or to become due, and payment of any interest or penalty which is required by the provisions of this chapter. In the event of an employing unit's refusal to file such reports or to pay such contributions, interest or penalties, or failure to post such a bond, whichever is applicable, the Commissioner may apply to a court of competent jurisdiction for an injunction against the operation of such business until the employing unit complies with the requirements of this chapter. Upon such application, the court shall, after reasonable notice to the employing unit of not less than 10 days, grant such injunction until the employing unit has filed such reports, paid such contributions, interest or penalties and has posted such bond, whichever of these are applicable. History: Added June 19, 1961, No. 767, Sess. L. 1961, p. 125; amended Sept. 18, 1967, No. 2042, §§ 8, 9, Sess. L. 1967, p. 436, 437; April 15, 1971, No. 2982, § 5, Sess. L. 1971, p. 99; July 17, 1972, No. 3255, §§ 1, 2, Sess. L. 1972, p. 188; Nov. 29, 1977, No. 4075, §§ 132-134, Sess. L. 1977, p. 136; Sept. 3, 1981, No. 4614, §§ 33, 35, Sess. L. 1981, p. 118, 120; amended Dec. 6, 2013, No. 7572, §§ 1, 2, Sess. L. 2013, p. 270.

(a) The Commissioner, for and on behalf of the Virgin Islands Employment Security Agency, shall participate in reciprocal arrangements with appropriate and duly authorized agencies of any state or of the Federal Government, whereby potential rights to benefits under this chapter may constitute the basis for payment of benefits by a state or by the Federal Government, and potential rights to benefits accumulated under the law of a state, or of the Federal Government, may constitute the basis for the payment of benefits by the Virgin Islands. Such benefits shall be paid under such provisions of this chapter or under the provisions of the law of such state, or of the Federal Government, or under such combination of the provisions of such laws as may be agreed upon as being fair and reasonable to all affected interests. No such arrangement shall be entered into unless it contains provision for reimbursement to the fund for such benefits as are paid on the basis of wages and service subject to the law of a state or of the Federal Government, and provision for reimbursement from the fund for such benefits as are paid by a state, or by the Federal Government on the basis of wages and service subject to this chapter. Reimbursements paid from the fund pursuant to this subsection shall be deemed to be benefits for the purposes of this chapter. Combining wage credits (b) The Commissioner shall, for and on behalf of the Virgin Islands Employment Security Agency, participate in any arrangements for the payment of compensation on the basis of combining an individual's wages and employment covered under this chapter with his wages and employment covered under the unemployment compensation laws of other States which are approved by the United States Secretary of Labor in consultation with the State unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such situations and which include provisions for (1) applying the base period of a single State law to a claim involving the combining of an individual's wages and employment covered under two or more State unemployment compensation laws, and (2) avoiding the duplicate use of wages and employment by reason of such combining. Reciprocal coverage (c) The Commissioner is hereby authorized to enter into reciprocal arrangements with appropriate and duly authorized agencies of any state or of the Federal Government whereby, notwithstanding the provisions of section 305(k) of this title- (1) service performed by an individual for a single employing unit for which service is customarily performed by such individual in more than one such jurisdiction shall be deemed to be service performed entirely within any one of the jurisdictions in which: (A) any part of such individual's service is performed, or (B) such individual has his residence, or (C) the employing unit maintains a place of business. Provided, that there is in effect, as to such service, an approved election by an employing unit with the acquiescence of such individual, pursuant to which service performed by such individual for such employing unit is deemed to be performed entirely within such jurisdiction; and (2) service performed by not more than 3 individuals, on any portion of a day but not necessarily simultaneously, for a single employing unit which customarily operates in more than one jurisdiction shall be deemed to be service performed entirely within the jurisdiction in which such employing unit maintains the headquarters of its business; Provided, That there is in effect, as to such service, an approved election by an employing unit with the affirmative consent of each such individual, pursuant to which service performed by such individual for such employing unit is deemed to be performed entirely within such jurisdiction. Re-examination of reciprocal arrangements (d) If after entering into an arrangement provided for by subsection (c) of this title, the Commissioner finds that the unemployment compensation law of any state or of the Federal Government participating in such arrangement has been changed in a material respect, the Commissioner shall make a new finding as to whether such arrangement shall be continued with such state or with the Federal Government. History: Added June 19, 1961, No. 767, Sess. L. 1961, p. 125; amended Nov. 29, 1977, No. 4075 §§ 135- 137, Sess. L. 1977; pp. 336, 337; Sept. 3, 1981, No. 4614, § 35, Sess. L. 1981, p. 120.

(a) As used in this section, unless the context clearly requires otherwise- (1) "Extended benefit period" means a period which (A) begins with the third week after a week for which there is a Virgin Islands "on" indicator; and (B) ends with either of the following weeks, whichever occurs later: (i) the third week after the first week for which there is a Virgin Islands "off" indicator; or (ii) the thirteenth consecutive week of such period; Provided, That no extended benefit period may begin by reason of a Virgin Islands "on" indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to the Virgin Islands. (2) There is a Virgin Islands "on" indicator for a week if the Commissioner determines, in accordance with the regulations prescribed by the U.S. Secretary of Labor, that for the period consisting of such week and the immediately preceding twelve weeks, the rate of insured unemployment under this chapter- (A) equaled or exceeded 120 per centum of the average of such rates for the corresponding 13- week period ending in each of the preceding two calendar years; and (B) equaled or exceeded 5 per centum; provided, the determination of whether there has been a Virgin Islands "on" indicator beginning any extended benefit period shall be made under this subsection as if (i) paragraph (2) did not contain subparagraph (A) thereof, and (ii) the figparagraph (2)ined in subparagraph (B) thereof were "6" except that, notwithstanding any such provision of this subsection, any week for which there would otherwise be a Virgin Islands "on" indicator shall continue to be such a week and shall not be determined to be a week for which there is a Virgin Islands "off" indicator. (3) There is a Virgin Islands "off" indicator for a week if the Commissioner determines, in accordance with the regulations prescribed by the U.S. Secretary of Labor, that for the period consisting of such week and the immediately preceding twelve weeks, the rate of insured unemployment under this chapter- (A) was less than 6 per centum and was less than 120 per centum of the average of such rates for the corresponding 13-week period ending in each of the preceding two calendar years, or (B) was less than 5 per centum. (4) "Rate of insured unemployment", for the purpose of paragraphs (4) and (5) of this subsection, means for aparagraphs (4) and (5)ed to therein the percentage derived by dividing (A) the average weekly number of individuals filing claims for regular compensation under this chapter with respect to such 13-week period, as determined by the Commissioner of Labor on the basis of his reports to the United States Secretary of Labor, by (B) the average monthly employment covered under this chapter for the first four of the most recent six completed calendar quarters ending before the close of the 13-week period referred to in paragraphs (4) and (5) of this subsection. (5) "Regular benefits" means benefits payable to an individual under this chapter or under any other State law (including benefits payable to Federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85) other than additional an5 U.S.C. chapter 85. (6) "Additional benefits" means benefits totally financed by a State and payable under a State law to exhaustees by reason of conditions of high unemployment or by reason of other special factors, such as an exhaustee's being in training with the approval of the State agency. (7) "Extended benefits" means benefits (including benefits payable to Federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85) payabl5 U.S.C. chapter 85under the provisions of this section for weeks of unemployment in his eligibility period. (8) "Eligibility period" of an individual means the period consisting of the weeks in his benefit year which begin in an extended benefit period and, if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such period. (9) "Exhaustee" means an individual who, with respect to any week of unemployment in his eligibility period: (A) has received, prior to such week, all of the regular benefits that were payable to him under this title or any other State law (including dependents' allowances and regular benefits payable to Federal civilian employees and ex-servicemen under 5 U.S.C. 5 U.S.C. chapter 85 benefit year that includes such week; or (B) has received, prior to such week, all of the regular benefits that were available to him under this title or any other State law (including dependents' allowances and regular benefits available to Federal civilian employees and ex-servicemen under 5 U.S.C. 5 U.S.C. chapter 85benefit year that includes such week, after the cancellation of some or all of his wage credits or the total or partial reduction of his right to regular benefits; Provided, that, for the purposes of subparagraphs (A) and (B), an individual shall be deemed to have received in his applicable benefit year all of the regular benefits that were payable to him, or available to him, as the case may be, even though (i) as a result of a pending appeal with respect to wages or employment, or both, that were not included in the original monetary determination with respect to such benefit year, he may subsequently be determined to be entitled to more regular benefits; or (ii) by reason of the seasonal provisions of another State law, he is not entitled to regular benefits with respect to such week of unemployment (although he may be entitled to regular benefits with respect to future weeks of unemployment in the next season or off season, as the case may be, in such benefit year), and he is otherwise an exhaustee within the meaning of this section with respect to his right to regular benefits under such State law seasonal provisions during the season or off season in which that week of unemployment occurs; or (iii) having established a benefit year, no regular benefits are payable to him during such year because his wage credits were cancelled or his right to regular benefits was totally reduced as the result of the application of a disqualification; or (C) his benefit year having ended prior to such week, he has insufficient wages or employment, or both, on the basis of which he could establish in any State a new benefit year that would include such week, or having established a new benefit year that includes such week, he is precluded from receiving regular benefits by reason of the provision in section 303(f) which meets the requirements of section 3section 3304(a)(7) of the Federal Unemployment Tax Actsimilar provision in any other State law; and (D) (i) has no right for such week to unemployment benefits or allowances, as the case may be, under the Railroad Railroad Unemployment Insurance Act of 1962h other Federal laws as are specified in regulations issued by the U.S. Secretary of Labor; and (ii) has not received and is not seeking for such week unemployment benefits under the unemployment compensation law of Canada, unless the appropriate agency finally determines that he is not entitled to unemployment benefits under such law for such week. (E) The term "applicable benefit year" means, with respect to an individual, his current benefit year if at the time he files a claim for extended benefits he has an unexpired benefit year only in the state in which he files such claim or, in any other case, his most recent benefit year. For this purpose his most recent benefit year, if he has unexpired benefit years in more than one state when he files a claim for extended benefits, is the benefit year with the latest ending date, or, if such benefit years have the same ending date, the benefit year in which his latest continued claim for regular benefits was filed. (10) "State law" means the unemployment insurance law of any State, approved by the U.S. Secretary of Labor under section 3304 of the Internal Revenue Code of 1954. (b) Except when the result would be inconsistent with the other provisions of this section, as provided in the regulations of the Commissioner, the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits. (c) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the Commissioner finds that with respect to such week: (1) he is an "exhaustee" as defined in subsection (a)(9) of this section and, (2) he has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits. (3) Notwithstanding any other provision of this chapter, an individual shall be ineligible for payment of extended benefits for any week of unemployment in his eligibility period if the Commissioner of Labor finds that during such period he failed to accept any offer of suitable work as defined in paragraph (5) of this subsection or failed to apply for suitable work toparagraph (5) referred by the Employment Service or he failed to actively engage in seeking work as prescribed in paragraph (7) of this subsection. (4) Any individual who has beparagraph (7)igible for the payment of extended benefits by reason of the provisions in paragraph (3) of this subsection shall also be denied benefits paragraph (3)h the first day of the week following the week in which such failure occurred and until he has been employed in each of 4 subsequent weeks (whether or not consecutive) and has earned remuneration equal to no less than 4 times his extended weekly benefit amount. (5) For purposes of this subsection, the term "suitable work" means any work which is within such individual's capabilities. Provided, however, that no work shall be deemed suitable unless (i) the gross average weekly pay offered exceeds the individual's extended weekly benefit amount, plus the amount, if any, of supplemental unemployment benefits (as defined in Section 501(c)(17)(B) of the Internal Revenue Code of 1954) pa501(c)(17)(B) of the Internal Revenue Code of 1954e are equal to the higher of the minimum wage provided by Section 6(a)(1) of the Fair Labor Standards Act of 1938, witho6(a) (1) of the Fair Labor Standards Act of 1938 as provided under Title 24, Virgin Islands Code, without regard to any eTitle 24, Virgin Islands Codeemed suitable which does not accord with the labor standards provisions required by Section 3304(l)(5) of the Internal Revenue Code of 1954 and set forth herein in section 304(c)(1). (6) No individual shall be denied payment of extended benefits for failure to accept an offer of or to apply for employment which meets the definition of suitable work if (i) the position was not offered to such individual in writing or was not listed with the Employment Services; (ii) such failure could not result in a denial of benefits under the definition of suitable work for regular benefit claimants in section 304 of this title to the extent that the criteria of suitability in that section are not inconsistent with the provisions of paragraphs (5) and (6); (iii) the individual paragraphs (5) and (6) evidence to the Commissioner of Labor that his or her prospects for obtaining work in his or her customary occupation within a reasonably short period are good. If such evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to such individual shall be made in accordance with the definition of suitable work for regular benefit claimants in section 304 of this title without regard to the definition specified by paragraphs (5) and (6). (7) An indivparagraphs (5) and (6)red to be actively seeking work during any week if (i) the individual has engaged in a systematic and sustained effort to obtain work during such week, and (ii) the individual furnishes tangible evidence that he has engaged in such effort during such week. (8) The Employment Service shall refer any claimant entitled to extended benefits under this code to any suitable work which meets the criteria prescribed in paragraphs (5) and (6) of this subsection. (9) An individual filing an extended benefit claim against the Virgin Islands from an agent state in which an extended benefit indicator is not in effect shall be paid extended benefits with respect to the first two weeks for which extended benefits are payable. Thereafter, extended benefits shall not be payable so long as there is no "on" indicator in the agent state. [This subdiv. effective with respect to weeks of unemployment beginning after May 31, 1981.] (10) An extended benefit claimant who voluntarily quits his most recent work without good cause or who is discharged from his most recent work for misconduct without good cause, or is suspended from his most recent work without good cause shall be disqualified as provided in section 304(b)(2), (3) and (9) of this title. (11) He has been paid in the base period of his regular benefit year wages for insured work equal to at least 1-and-1/2 times the wages paid in that calendar quarter of the base period in which such wages were the highest. (d) The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be an amount equal to the weekly benefit amount payable to him during his applicable benefit year. For any individual who was paid benefits during the applicable benefit year in accordance with more than one weekly benefit amount, the weekly extended benefit amount shall be the average of such weekly benefit amounts. Such benefits, if not a multiple of $1.00, shall be computed to the next lower multiple of $1.00. (e) The total extended benefit amount payable to any eligible individual with respect to his applicable benefit year shall be fifty percent of the total amount of regular benefits which were payable to him under this chapter in his applicable benefit year. Notwithstanding any other provisions of this chapter, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that such individual would, but for this section, be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced (but not below zero) by the product of the number of weeks for which the individual received any amounts as trade readjustment allowances within that benefit year multiplied by the individual's weekly benefit amount for extended benefits. Any benefits payable to an individual under this paragraph, if not a multiple of $1.00, shall be computed to the next lower multiple of $1.00. (f) (1) Whenever an extended benefit period is to become effective in the Virgin Islands as a result of a Virgin Islands "on" indicator, or an extended benefit period is to be terminated in the Virgin Islands as a result of a Virgin Islands "off" indicator, the Commissioner of Labor shall make an appropriate public announcement. (2) Computations required by the provisions of subsection (a)(6) shall be made by the Commissioner, in accordance with regulations prescribed by the U.S. Secretary of Labor. (g) If the Federal-State Extended Unemployment Compensation Act of 1970 is amended so as to authorize the Virgin Islands to pay benefits for an extended benefit period in a manner other than currently provided for by this section, then all terms and conditions contained in the amended provisions of such federal law shall become part of this section to the extent necessary to authorize the payment of benefits to eligible individuals as permitted under such amended provision. History: Added Nov. 29, 1977, No. 4075, § 138, Sess. L. 1977, pp. 337-342; amended Sept. 3, 1981, No. 4614, §§ 34, 35, Sess. L. 1981, pp. 118, 120; Sept. 17, 1982, No. 4741, §§ 4-11, pp. 146- 148; Sept. 29, 1983, No. 4862, §§ 2(d), (e), 3, 4, Sess. L. 1983, p. 193.

(a) For purposes of this section (1) "Additional benefits" means, benefits financed entirely by the territory and paid, from its account deposited in the Unemployment Trust Fund administered by the Secretary of the United States Treasury, to exhaustees pursuant to this section. (2) "Additional benefits period" means, a period not within an extended benefit period or other federally financed supplemental benefits program of which claimant is collecting, and begins on October 6, 2002 and ends on January 4, 2002, with a reach back provision to March 10, 2002 for persons who exhausted their regular benefits and the Temporary Emergency Unemployment Compensation (TEUC) and are still employed. (3) "Exhaustee means (A) a person who has received all of his regular compensation payable during the applicable base period; or (B) a person whose rights to regular compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed; or (C) a person who has exhausted all Temporary Emergency Unemployment Compensation. (b) Additional benefits are payable to persons who (1) filed an initial (new or additional) claim that was effective during or after the week of March 15, 2001; (2) have exhausted regular benefits or have no benefit rights due to the expiration of a benefit year ending during or after the week of March 15, 2001; (3) have no rights to regular or extended benefits under any state or federal law; and (4) are not receiving benefits under Canadian law. (c) A person who exhausted all of the regular benefits that were available to the person pursuant to the unemployment compensation law, (including benefits payable to federal civilian employees and ex-service persons or payable under the combined wage program) after March 10, 2002, and before August 30, 2003, shall be eligible for additional benefits. (d) No person whose benefit year ended prior to March 15, 2001, shall be eligible for Virgin Islands additional benefits. (e) An exhaustee's weekly benefit amount under the additional benefits award shall be the same as his weekly benefit amount for the parent benefit year. (f) An exhaustee's additional benefits duration during any one extended period shall be 13 times his weekly benefit amount or 50% of the maximum amount payable to him during his parent benefit year which ever is less. (g) Only one additional duration award may be established for an exhaustee based on any one, parent benefit year. (h) Except where covered in this section, all of the eligibility requirements of section 304 of this chapter will apply to the administration of this additional benefit program, in addition that the exhaustee is not subject to a disqualification for normal benefits under any provisions of this chapter of the Unemployment Insurance Act. (i) The additional benefits shall be retroactive from the date of enactment of this section to the date of filing of the respective eligible claimant's claim provided that the claimant is not presently collecting any other unemployment benefits. (j) The provisions of this section shall not be effective after August 30, 2003, and no new claims shall be payable under the provisions of this section. (k) No employer's account shall be charged for any additional benefits charges. History: Added Jan. 10, 2003, No. 6571, § 8, Sess. L. 2002, p. 594; amended May 7, 2003, No. 6578, § 6, Sess. L. 2003, p. 10; Oct. 28, 2003, No. 6614, § 1, Sess. L. 2003, p. 91.

Exchange System Each employer in the Virgin Islands shall register with the Virgin Islands State Information Data Exchange System on the Department of Labor's website. History: Added Apr. 11, 2024, No. 8827, § 1(f), Sess. L. 2024, p. -.

The Legislature reserves the right to amend or repeal all or any part of this chapter at any time; and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this chapter or by acts done pursuant thereto shall exist subject to the power of the Legislature to amend or repeal this chapter at any time. History: Added June 19, 1961, No. 767, Sess. L. 1961, p. 125.

If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of this chapter, and the application of such provision to other persons or circumstances, shall not be affected thereby. History: Added June 19, 1961, No. 767, Sess. L. 1961, p. 125.

This chapter shall take effect on October 1, 1961. History: Added June 19, 1961, No. 767, Sess. L. 1961, p. 125.

The sum of $10,000 is hereby appropriated from any available funds in the Treasury not otherwise appropriated, for the launching of the program provided in this chapter. This sum shall be placed at the disposal of the Director of the Employment Service as of October 1, 1961. History: Added June 19, 1961, No. 767, Sess. L. 1961, p. 125.

Notwithstanding any other law to the contrary, the Department of Labor, through the Commissioner of Labor, shall institute a 120-day amnesty period for the payment of penalty and interest owed pursuant to title 24, section 313(b)(2), Virgin Islands Code, and title 24, section 309(a), Virgin Islands Code. The amnesty period shall take effect sixty (60) days after the enactment of this section. All outstanding contributions and payments in lieu of contributions shall be paid in full or under an installment plan in compliance with 24 VIR&R Section 307 - 42; provided, however, that the time period for installment payment plans under the regulation shall be extended to sixty (60) months and the down payments shall be reduced to five percent (5%). The Commissioner shall also have discretion to further extend the payment period or reduce the down payment in cases for good cause shown. All delinquent reports upon which penalties and interest were imposed must be filed in order to qualify for the cancellation of accrued penalties and interest. The Commissioner of Labor shall inform the public of the effective dates of the amnesty period pursuant to the provisions of this section. History: Added May 10, 2002, No. 6505, § 20, Sess. L. 2002, p. 287.

No court of the Virgin Islands shall have jurisdiction to issue any restraining order or temporary or permanent injunction in a case involving or growing out of a labor dispute, except in strict accordance with the provisions of this chapter. History: Added Feb. 26, 1962, No. 816, § 1.

No court of the Virgin Islands shall have jurisdiction to issue any restraining order or temporary or permanent injunction in any case involving or growing out of a labor dispute, to prohibit any person or persons participating or interested in such dispute from doing, whether singly or in concert, any of the following acts: (a) Ceasing or refusing to perform any work or to remain in any relation of employment. (b) Becoming or remaining a member of any labor organization. (c) Paying or giving to, or withholding from, any person participating or interested in such labor dispute any strike benefits, strike insurance, or other moneys or things of value. (d) By all lawful means aiding any person participating or interested in any labor dispute who is being proceeded against in, or is prosecuting, any action or suit in any court of the Virgin Islands. (e) Giving publicity to the existence of or the facts involved in any labor dispute, whether by advertising, speaking, patrolling, or by any other method not involving fraud or violence. (f) Assembling peaceably to act or to organize, or to act in promotion of their interests in a labor dispute. (g) Refusing to support any party to said dispute, or recommending to, advising, or persuading others, not to support any party to said dispute. (h) Advising or notifying any person of an intention to do any of the acts heretofore specified. (i) Agreeing with other persons to do or not to do the acts heretofore specified. (j) Advising, urging, or otherwise promoting or inducing, without fraud or violence, the acts heretofore specified. History: Added Feb. 26, 1962, No. 816, § 1.

No court of the Virgin Islands shall have jurisdiction to issue a restraining order or temporary or permanent injunction upon the ground that any of the persons participating or interested in a labor dispute constitute or are engaged in an unlawful combination or conspiracy because of the doing in concert of the acts enumerated in this chapter. History: Added Feb. 26, 1962, No. 816, § 1.

No officer or member of any association or organizations, and no association or organization, participating or interested in a labor dispute shall be held responsible or liable in any court of the Virgin Islands for the unlawful acts of individual officers, members, or agents, except upon clear proof of the actual participation in such acts, or that they have really authorized the same or have ratified them after having actual knowledge thereof. History: Added Feb. 26, 1962, No. 816, § 1.

Undertaking No court of the Virgin Islands shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, except after hearing the testimony of witnesses in open court (with opportunity for cross-examination) in support of the allegations of a complaint made under oath, and testimony in opposition thereto, if offered, and except after findings of fact by the court, to the effect: (a) that acts of fraud or violence have been threatened and will be committed unless restrained, or said acts have been and will continue to be committed unless restrained; but no injunction or temporary restraining order shall be issued on account of any threat or act of fraud or violence, except against the person or persons or association or organization making the threat of committing the act of fraud or violence or actually authorizing the same after actual knowledge thereof; (b) that substantial and irreparable injury to complainant's physical property will result; (c) that as to each item of relief sought on each allegation greater injury will be inflicted upon complainant by the denial of relief than will be inflicted upon the defendants by the granting of relief; (d) that complainant has no other adequate remedy at law; and (e) that the public officers charged with the duty to protect the property of the complainant are unable or unwilling to furnish adequate protection. The hearing shall be held after due and personal notice thereof has been given, in such manner as the court shall direct, to all known persons against whom relief is sought, and also to the Police Commissioner. If the complainant shall allege that unless a temporary restraining order be issued, a substantial and irreparable injury to complainant's physical property will be unavoidable, the court shall call together the parties affected at the earliest opportunity within the 24 hours following the filing of the application, for a summary hearing which shall be held in chambers or in open court, as the court may determine. The court shall hear both parties briefly, and shall admit such testimony and documentary evidence as may be necessary to form a judgment as to the urgency of the order sought. If the labor party to the proceedings shall fail to appear, or if it has not been possible to serve on said party, the court shall hear the complainant. Both in the case that both parties appear, as when only one of them does appear, if proof is submitted sufficient for issuing a preliminary injunction in accordance with the requirements of this chapter, a temporary restraining order, which shall be effective for a period of not more than five days, may be issued immediately after the hearing. No restraining order shall be issued except on condition that complainant shall first file an undertaking with adequate security in an amount to be fixed by the court sufficient to recompense those enjoined for any loss, expense, or damage caused by the improvident or erroneous issuance of such order, including all reasonable costs (together with a reasonable attorney's fee) and expense of defense against the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the court. History: Added Feb. 26, 1962, No. 816, § 1; amended June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177.

No restraining order or injunctive relief shall be granted to any complainant who has failed to comply with any obligation fixed by the laws involved in the labor dispute in question, or who has failed to make every effort to settle such dispute either by negotiation or with the aid of the Department of Labor and voluntary arbitration. History: Added Feb. 26, 1962, No. 816, § 1; amended Mar. 17, 1965, No. 1343, § 6, Sess. L. 1965, Pt. I, p. 81.

Prohibition No restraining order or temporary or permanent injunction shall be granted in any case involving or growing out of a labor dispute, except on the basis of findings of facts made and filed by the court in the record of the case prior to the issuance of such restraining order or writ of injunction; and every restraining order or writ of injunction granted in a case involving or growing out of a labor dispute shall include only a prohibition of such specific act or acts as may be expressly complained of in the bill of complainants or petition filed in such case and as shall be expressly included in said findings of fact made and filed by the court in the records of the case, as provided in this section. History: Added Feb. 26, 1962, No. 816, § 1.

Whenever any court shall issue or deny any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the proceedings, forthwith certify, as in ordinary cases, the record of the case to the immediately superior court, for its review. History: Added Feb. 26, 1962, No. 816, § 1.

When used in this chapter, and for the purposes hereof: (a) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in the same industry, trade, craft, or occupation, or have direct or indirect interest therein; or who are employees of the same employer; or who are members of the same (or) of an affiliated organization of employers or employees; whether such dispute is (1) between one or more employers or associations of employers and one or more employees or associations of employees; (2) between one or more employers or associations of employers and one or more employers or associations of employers; or (3) between one or more employees or associations of employees; and one or more employees or associations of employees; or when the case involves any conflicting or competing interests in a labor dispute of persons participating or interested therein. (b) A person or association shall be held to be a person participating or interested in a labor dispute if relief is sought against said person or association, or if any of them is engaged in the same industry, trade, craft, or occupation in which such dispute occurs, or has a direct or indirect interest therein, or is a member, officer, or agent of any association composed in whole or in part of employers or employees engaged in such industry, trade, craft or occupation. (c) The term "labor dispute" includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment regardless of whether or not the disputants stand in the proximate relation of employer and employee. History: Added Feb. 26, 1962, No. 816, § 1.

If any provision of this chapter or the application thereof to any person or circumstance is held unconstitutional or otherwise invalid, the remaining provisions of the chapter and the application of such provisions to other persons or circumstances shall not be affected thereby. History: Added Feb. 26, 1962, No. 816, § 1.

All Acts and parts of Acts in conflict with the provisions of this chapter are hereby repealed. History: Added Feb. 26, 1962, No. 816, § 1.

It is the purpose of this chapter to provide for orderly and constructive relationships between public employers and their employees. The Legislature finds and declares that the Government of the Virgin Islands shall fully accept the principle and procedure of collective bargaining and shall bargain in good faith with valid public employee organizations, subject, however, to the paramount right of the citizens of this Territory to keep inviolate the guarantees for their health, safety and welfare. History: Added June 2, 1980, No. 4440, § 1, Sess. L. 1980, p. 61.

As used in this chapter the following words shall have the following meanings unless the text clearly requires otherwise: (a) "agreement" means a contract or other written instrument setting forth mutual promises between the public employer and an exclusive representative which is final and binding; (b) "arbitration" means the procedure whereby a dispute is irrevocably submitted to a third party voluntarily or involuntarily for a final and binding decision; (c) "appropriate bargaining unit", "bargaining unit", or "unit" means a group of employees, as determined by the Public Employees Relations Board pursuant to section 370 of this chapter, who may band together to elect an employee organization to represent them in the process of collective bargaining; (d) "certification" means official recognition by the Public Employees Relations Board pursuant to section 372 of this chapter; (e) "collective bargaining" means the process of negotiations between the public employer and an employee organization to agree in writing on the wages, hours and other terms and conditions of employment; (f) "dues" means an amount paid by an employee to an employee organization for the rights and privileges of membership therein; (g) "employee" or "public employee" means any person holding a position by appointment or employment in the service of a public employer, but does not include: (1) persons holding elective office; (2) political appointees exempt from the classified service by paragraph (8), subsection (paragraph (8), su451aon (b), section 3ode; (3) employees of the Legislature; (4) judges in the judicial branch; (5) Radiologists, anesthesiologists, psychiatrists, pulmonologists, gastroenterologists, internists, neurologists, urologists, hospitalists, cardiologists, nephrologists, and critical care physicians in the Governor Juan F. Luis Hospital and Medical Center and the Roy Lester Schneider Hospital and Community Health Care Center. (h) "employee organization", "labor organization", or "labor union" means any organization of any kind or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work; (i) "employer" or "public employer" means the executive branch of the Government of the Virgin Islands and any agency or instrumentality thereof including, but not limited to, the Virgin Islands Port Authority, the Virgin Islands Water and Power Authority, the Virgin Islands Housing Authority, the University of the Virgin Islands, the Economic Development Bank and the Virgin Islands Public Broadcasting System; (j) "exclusive representative" means an employee organization which has been certified by the Public Employees Relations Board pursuant to section 372 of this chapter; (k) "impasse" means an apparent inability of the parties involved in collective bargaining to reach an agreement; (l) "mediation" means assistance by an impartial third party, through interpretation, and presentation of options, to bring the parties to a voluntary resolution of their dispute; (m) "Public Employees Relations Board" or "PERB" means the Board created by section 364 of this chapter; (n) "professional employee" means: (1) any employee engaged in work (i) predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work; (ii) involving the consistent exercise of discretion and judgment in its performance; (iii) of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; (iv) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes; or (2) any employee, who (i) has completed the courses of specialized intellectual instruction and study described in clause (iv) of paragraph (1), and (ii) is performing related work under the supervision of a professional person to qualify himself to become a professional employee as defined in paragraph (1). (o) "strike" means the deliberate and concerted action of public employees to neglect to perform their duties, their willful absenting of themselves collectively from their work stations, their collective stoppage of work, or their collective abstinence in whole or in part from the full, faithful and proper performance of their duties for the purpose of inducing or influencing a change in the condition, compensation, rights, privileges, or obligations of their employment; (p) "supervisory employee" means any individual having authority in the interest of the employer to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, or discipline other employees, or responsibility to assign work and direct them, or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires independent judgment. (q) "Confidential employee" means only those persons who assist and act in a confidential capacity to persons who formulate, determine, and effectuate management policies in the field of labor relations, as determined by the Public Employees Relations Board pursuant to section 370 of this chapter. (r) "Managerial employee" means only those employees who: (i) participate to a substantial degree in formulating and determining policy; or (ii) participate to a substantial degree in formulating and determining policy in the area of collective bargaining on behalf of the public employer, as determined by the Public Employees Relations Board pursuant to section 370 of this chapter. History: Added June 2, 1980, No. 4440, § 1, Sess. L. 1980, p. 61; amended Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249; Jan. 6, 1987, No. 5249, § 5(a)(i), (ii), Sess. L. 1986, p. 442; Mar. 24, 1988, No. 5336, §§ 3(a), 4(a), Sess. L. 1988, pp. 122, 123; Dec. 2, 1999, No. 6325, § 2, Sess. L. 1999, p. 155; Dec. 22, 2007, No. 6985, § 10, Sess. L. 2007, p. 231; amended Dec. 15, 2015, No. 7731, § 2, Sess. L. 2015, p. 14; amended Dec. 16, 2015, No. 7832, § 10(a), Sess. L. 2015, p. 265; amended Jan. 20, 2017, No. 7972, § 7, Sess. L. 2016, p. 400; amended Dec. 28, 2018, No. 8063, § 8, Sess. L. 2018, p. 122.

Subject to the provisions of this chapter, public employees shall have and do have the right to: (a) form, join, assist and participate in, or to refrain from forming, joining, assisting or participating in any labor organization of their choosing; (b) be represented by labor organizations and to engage in collective bargaining with the Government in the determination of the wages, hours, or other terms and conditions of employment and the administration of grievances arising thereunder; (c) engage in lawful, concerted activities to enhance their collective bargaining position and promote their mutual well-being and protection, without interference, restraint, or coercion; and (d) elect individually in writing, to have deducted from their payroll checks an amount for union dues, payment-in-lieu of dues, group insurance premiums, and other expenses of the services or benefits provided by the exclusive representative and incorporated in the collective bargaining agreement. History: Added June 2, 1980, No. 4440, § 1, Sess. L. 1980, p. 64.

(a) There is hereby created as a separate independent board of the Government of the Virgin Islands, a Public Employees Relations Board (PERB). The PERB shall be composed of five members recommended by the Governor and approved by the Legislature. Not less than two of the appointed members shall be residents of the District of St. Croix and not less than two shall be residents of the District of St. Thomas and St. John. Three of the members shall have experience involving labor relations, one shall have experience as a Class I government employee within the territory, one shall have experience as a Class II government employee within the territory and one shall have experience as a Class III government employee within the territory; three of the members shall have experience involving labor relations on behalf of management. The fifth member shall serve as Chairman of the PERB. The PERB may employ a full-time Executive Director and such staff and contractual employees at such compensation as the PERB considers appropriate. (b) Members of the PERB shall serve terms of five years, except that the term of one of the members appointed in 1994 and one of the members appointed in 1995 shall be for three years, as designated by the Governor at the time of appointment, in order to stagger the terms of the members of the PERB. Members appointed to fill vacancies shall be appointed only for the unexpired portion of the term of the member who he is to succeed. Any member may be reappointed. Each member shall hold office until his successor is appointed and confirmed. (c) All actions taken by the PERB shall have the affirmative vote of not less than three members of the PERB, or as may otherwise be provided in the chapter. (d) Each member of the PERB not an employee of the Government of the Virgin Islands other than the Chairman of the PERB shall be compensated at the rate of $75 per day or any fraction thereof spent in the work of the PERB. The Chairman shall be compensated at the rate of $75 per day or any fraction thereof spent in the work of the PERB. Members of the PERB who are employees of the Government of the United States Virgin Islands shall not have their compensation or annual leave reduced because of their work on the PERB. The travel expenses and actual reasonable subsistence costs, as determined by the Chairman, shall be reimbursed to each member of the PERB when such expenses and costs are necessary to the work of the PERB. (e) The Commissioner of Labor, or his designee, shall serve as staff-secretary to the PERB and the personnel of the Department of Labor shall perform administrative functions for the PERB. History: Added June 2, 1980, No. 4440, § 1, Sess. L. 1980, p. 64; amended June 28, 1984, No. 4966, §§ 1, 2, Sess. L. 1984, p. 179; Oct. 14, 1986, No. 5206, § 201(a), Sess. L. 1986, p. 244; Mar. 24, 1988, No. 5336, § 5(a), Sess. L. 1988, p. 124; Sept. 28, 1990, No. 5636, § 1(h), Sess. L. 1990, p. 346; Sept. 2, 1994, No. 6010, § 1, Sess. L. 1994, p. 164; Oct. 31, 1998, No. 6268, § 3, Sess. L. 1998, p. 442; Nov. 8, 2001, No. 6463, § 6, Sess. L. 2001, p. 269; Aug. 2, 2002, No. 6534, § 18, Sess. L. 2002, p. 438; Sept. 20, 2010, No. 7195, § 1(a), Sess. L. 2010, pp. 171, 172.

The Public Employees Relations Board shall have the following powers and duties: (a) to fairly and impartially administer the provisions of this chapter; (b) to certify an employee organization as the exclusive bargaining agent for an appropriate bargaining unit pursuant to the provisions of this chapter; (c) to decertify an employee organization as the exclusive bargaining agent for an appropriate bargaining unit pursuant to the provisions of this chapter; (d) to determine appropriate bargaining units among public employees and classify such units; (e) to hire and compensate such personnel as it may consider necessary to assist the PERB in carrying out its responsibilities and duties without the advice or consent of the Executive Branch; (f) to report on its actions and findings in writing from time to time, but not less than once each year, to the Governor and the Legislature; (g) to make, amend and rescind, after notice and appropriate public hearings, rules, regulations and procedures as may be necessary to carry out the provisions of this chapter; (h) conduct hearings on classification and position allocation appeals and make recommendations to the Governor for final decision, as provided under Title 3, section 496, Virgin Islands Code. (i) to conduct hearings and/or proceedings, when warranted, on complaints of prohibited practices by employers or by employee organizations and take such actions with respect thereto as it deems necessary and proper; (j) to hold investigative hearings, administer oaths, subpoena witnesses and evidence and examine same. Conduct studies, analyze data, gather and disseminate information, and take all actions necessary to administer this chapter; (k) to mediate, conciliate, or cause mediation or conciliation between parties in a dispute; (l) to establish, after consultation with representatives of employee organizations and public employers, a list of qualified persons who could and would serve as mediators and arbitrators of a dispute; (m) to determine and apportion the costs of arbitration equally to the parties involved; and (n) to enforce its orders, subpoenas, and actions by levying fines against any person in contempt of the PERB, including an individual, if such individual is personally liable, public employers, and employee organizations. History: Added June 2, 1980, No. 4440, § 1, Sess. L. 1980, p. 65; amended Sept. 2, 1994, No. 6010, § 1(c), Sess. L. 1994, p. 164; Nov. 8, 2001, No. 6463, § 7, Sess. L. 2001, p. 269.

(a) All meetings of the PERB shall be open to the public unless four members shall vote, in open public meeting, to close the remainder of the meeting to the public for that day or part thereof. A new vote shall be taken in public on the day of each subsequent closing of the PERB meetings to the public for that day or part thereof. (b) All records of the PERB shall be open for public inspection unless four members shall vote, in open public meeting, to withhold specific records, documents, or evidence from public scrutiny. History: Added June 2, 1980, No. 4440, § 1, Sess. L. 1980, p. 66.

(a) Upon the request of a public employer, group of public employees, or labor organization, the PERB shall determine an appropriate bargaining unit of public employees by identifying the specific class or classes of employees or identifying positions the employees of which shall be members of a unit; Provided, That no member of any class nor any person employed in any position identified for inclusion in an appropriate bargaining unit shall be required to join any labor organization representing such unit or participate in its activities, but no such person may join a labor organization representing another unit or participate in its activities. In determining the appropriateness of a bargaining unit, the PERB shall consider, but not be exclusively guided by: (1) the common interests of the members of the proposed unit; (2) the homogeneity of the wages, hours, and working conditions of the members of the proposed unit; (3) the desire of the members of the proposed unit; (4) the history of labor relations among the members of the proposed unit; (5) the effects on collective bargaining of too fragmented or too broad units. (b) No group of public employees shall be determined to be an appropriate bargaining unit if the group includes both professional and non-professional employees, unless a majority of the professional employees vote to be included in such unit and a majority of non-professional employees vote to be included in such unit. (c) Police officers, corrections officers, firemen, prison guards, or other persons employed to protect the public safety and welfare and/or protect the property of a public employer shall be included in a single bargaining unit or in separate bargaining units, but no other public employee shall be a member of such unit. (d) Supervisory employees of a public employer shall not be included in any bargaining unit with non- supervisory employees but may form one or more bargaining units. (e) No public employee bargaining unit organized and represented by a labor union on the date of enactment of the act creating this chapter shall be deemed inappropriate or otherwise found severable except to the extent necessary to bring such unit into compliance with subsections (b), (c) and (d) of this section. History: Added June 2, 1980, No. 4440, § 1, Sess. L. 1980, p. 66.

(a) Each bargaining unit, including the bargaining units organized and represented by a labor union on the date of enactment of the act creating this chapter, shall be classified as belonging to one of the following classes: CLASS I. Units consisting of employees who perform services in which work stoppage may be sustained for extended periods without serious effects on the health and safety of the public. CLASS II. Units consisting of employees who perform services in which work stoppage may be sustained for a limited period of time but not an extended period of time without serious effects on the health and safety of the public. CLASS III. Units consisting of employees who perform services in which work stoppage may not be sustained for even the shortest period of time without serious effects on the health and safety of the public. The PERB shall designate bargaining units as Class I and Class II, and may recommend to the Governor and the Legislature that a bargaining unit be classified Class III. No bargaining unit shall be classified as Class III except by a declaration of law. Any bargaining unit recommended by the PERB for classification as Class III shall be considered classified as Class II until and unless a law shall have been enacted declaring such bargaining unit classified as Class III. (b) Any unit or units consisting of police officers, corrections officers, firemen, prison guards, harbor pilots, or other persons employed to protect the public safety and welfare and/or protect the property of a public employer is/are hereby classified Class III. (c) Any unit or units consisting of public employees who maintain and operate equipment used in the production of water and power is/are hereby classified Class III. (d) Any unit or units consisting of physicians is/are hereby classified Class III. History: Added June 2, 1980, No. 4440, § 1, Sess. L. 1980, p. 67; amended Feb. 2, 2010, No. 7149, § 13, Sess. L. 2009, p. 413.

(a) The PERB shall certify that a labor organization is the exclusive bargaining representative of an appropriate bargaining unit when, in an election held for that purpose, a majority of the members of a unit participating in such an election vote by secret ballot to be represented by such labor organization. The PERB shall issue rules and regulations for the conduct of such elections which shall require that the ballot include the name of each labor organization which can show by written evidence that at least 10% of the members of a unit have pledged membership in or are members of such labor organization. The ballot shall include a space which, if checked, clearly indicates a voter's choice of no representation by any labor organization. If no choice on the ballot, including the choice of "no representation", received a majority of the votes on the first ballot, a run-off election shall be conducted in which only the two choices receiving the highest number of votes are on the run-off election ballot. (b) An election for certification or decertification of a labor organization shall be conducted whenever 30% or more of the members of an appropriate bargaining unit petition the PERB for the conduct of such an election, except that no election shall be held during the term of a valid collective bargaining agreement unless such election is conducted within the period of not more than 90 days and not fewer than 30 days prior to the expiration of such an agreement, and provided further that the term of the agreement does not exceed three years. Nothing in this section or this chapter shall be construed to deny members of an appropriate bargaining unit the right to vote at any time to refuse payment of dues or any other fee for union representation to an exclusive representation. (c) Notwithstanding the provisions of this section, no labor organization shall be certified as the exclusive representative of any bargaining unit unless the PERB determines that such organization is free from corrupt influences and influences opposed to basic democratic principles. Prior to the certification of any labor organization as an exclusive representative of any unit, such organization shall certify to the PERB that its operations mandate the following: (1) the maintenance of democratic provisions for periodic elections to be conducted subject to recognized safeguards and provisions defining and securing the right of individual members to participate in the affairs of the organization, to fair and equal treatment under the governing rules of the organization and to fair process in disciplinary proceedings; (2) the exclusion from office in the organization of any person identified with corrupt influences; (3) the prohibition of business or financial interests on the part of organization officers and agents which conflict with their duty to the organization; (4) fair elections; and (5) the maintenance of fiscal integrity in the conduct of the affairs of the organization, including provision for accounting and financial controls and regular financial reports or summaries to be made available to members not less than annually. The PERB shall accept any of the following as presumptive evidence that a labor organization's operations meet the standards of conduct for labor organizations as set forth in this subsection: (1) a statement in writing that the labor organization is a member of the American Federation of Labor-Congress of Industrial Organizations and is governed by and subscribes to the American Federation of Labor-Congress of Industrial Organizations Codes of Ethical Practice; (2) a copy of the labor organization's constitution and by-laws which contain explicit provisions covering these standards; (3) a copy of rules and regulations of the organization which have been officially adopted by the membership, which contain explicit provisions covering these standards; or (4) an official certification in writing from a labor organization stating that the labor organization subscribes to the standards of conduct for labor organizations, as set forth in this subsection. (d) The PERB shall decertify any labor organization as the exclusive representative of any bargaining unit whenever: (1) the PERB determines that such organization no longer operates pursuant to the requirements of subsection (c) of this section; and/or (2) at an election conducted pursuant to the provisions of subsection (b) of this section, a majority of those members participating in the election vote to decertify their exclusive representative, or replace their exclusive representative with another, or choose not to be represented by any labor organization. (e) Any labor organization which, on the date of enactment of the act creating this chapter, is de facto the exclusive representative of an appropriate bargaining unit shall be promptly certified by the PERB as the exclusive representative of such unit without the conduct of an election, provided the organization to be so certified complies with the provisions of subsection (c) of this section. Nothing in this subsection shall be construed to prohibit the decertification of any labor organization as the exclusive representative of any bargaining unit, provided such decertification action is in compliance with the provisions of this chapter. (f) The PERB shall certify or decertify an exclusive representative within ten working days after the final tally of votes in an election for such purpose, if: (1) there has been no bona fide objection to the election alleging interference which affected the outcome of the election or alleging violation of the rules and regulations governing such election; or (2) the PERB has determined that the number of challenged ballots is not sufficient to affect the outcome of the election. If the PERB has reason to believe that the challenge to a ballot or ballots may be valid and affect that outcome of such election, the PERB shall hold a hearing on the matter within two weeks after the date of receipts of the challenge. The PERB shall give due notice of the hearing to all parties. If the PERB determines that the outcome of the election was affected, even by third party interference, or if the PERB determines that the number of challenged ballots was sufficient to affect the outcome of the election, it shall require corrective action and may order a new election. If the PERB determines that the alleged violations did not affect the outcome of the election, it shall immediately certify the election results. (g) Every labor organization seeking certification as an exclusive representative of an appropriate bargaining unit shall submit to the PERB a complete roster of its officers and representatives, a copy of its constitution and by-laws, a statement of its objectives, and a mailing address to which notices may be sent. It shall be the duty of each organization to promptly advise the PERB of changes in the information required by this subsection. Such information shall be available for public inspection and copying, notwithstanding the provisions of subsection (b) of section 366 of this chapter. History: Added June 2, 1980, No. 4440, § 1, Sess. L. 1980, p. 68.

The labor organization certified by the PERB as the exclusive representative of an appropriate bargaining unit shall have rights and duties which include, but are not limited to: (a) exclusively act for and negotiate agreements with the public employer covering all employees in the bargaining unit whether or not all employees are members of the labor organization; (b) declare appropriate job actions, including sanctioning strikes when permitted by this chapter, and fairly represent the interests of all employees of the bargaining unit without invidious discrimination; (c) be present at any conference or hearing involving a member of the unit in which a grievance is being aired and protect the interests of the unit against adjustments that may infringe upon the terms of the agreement then in effect between the employer and the exclusive representative; Provided, however, That any employee may have his grievance heard without intervention of the exclusive representative; (d) collect dues from members of the labor organization and payment-in-lieu of dues from non-members who are members of the bargaining unit; Provided, however, That a payment-in-lieu of dues shall be an amount equal to the costs to the union for representation purposes proportioned among the members of the bargaining unit or an amount equal to the dues of a member, whichever is less. To enforce the right of this subsection, an exclusive representative may bargain with the public employer to require as a condition of employment that all employees in the unit which it represents pay the amounts authorized by this subsection. All amounts collected by the public employer pursuant to the elected right of the employee under subsection (d) of section 363 of this chapter shall be promptly paid to the exclusive representative. The reasonableness of the amount of any dues or payment-in-lieu of dues may be considered and decided by the PERB. History: Added June 2, 1980, No. 4440, § 1, Sess. L. 1980, p. 71.

(a) Rates of pay, hours, salaries, employee benefits, terms and conditions of employment and all matters relating thereto may be specifically negotiated in a collective bargaining proceeding between the public employer and the exclusive representative unless otherwise specifically restricted by law. (b) No contract or other instrument of agreement between the public employer and an exclusive representative shall be valid to the extent such contract or agreement unduly interferes with the right of the public employer to establish and execute public policy by: (1) directing and supervising employees; (2) determining qualifications and standards for hiring and the content of examinations therefore; (3) hiring, promoting, transferring, assigning, retaining, disciplining, suspending, demoting, or discharging employees for cause; (4) maintaining efficiency of operations; (5) determining methods, means and personnel by which the public employer's operations are to be conducted; and (6) taking such actions as may be necessary to carry out the mission of the public employer in times of emergency. (c) No contract or other instrument of agreement between a public employer and an exclusive representative shall be valid to the extent such contract or agreement: (1) bars an election for decertification of the exclusive representative; or (2) classifies or reclassifies bargaining units as provided by the procedure set forth in section 371 of this chapter. (d) Any agreement between a public employer and an exclusive representative may provide procedures, applicable only to members of the bargaining unit, for the consideration and settlement of employee grievances and/or disputes; Provided, however, That no employee may avail himself of more than one grievance procedure for the resolution of a particular grievance and/or dispute. (e) The benefits and privileges conferred upon public employees by Title 3, chapter 25 of this Code shall be applicable to public employees covered by a negotiated bargaining agreement only to the extent such benefits and privileges are specifically provided in such agreement. (f) At any time within 90 days prior to the expiration of a collective bargaining agreement, the PERB may order the parties to commence negotiations for a new agreement if, in the opinion of the PERB, the parties are not satisfactorily moving toward the commencement of negotiations. (g) Notwithstanding the provisions of any other law to the contrary, the negotiation proceedings of collective bargaining shall not be open to the public unless mutually agreed to by the parties. (h) Notwithstanding any other provision of this chapter, no contract or other instrument of agreement between an exclusive representative and a public employer which contract or instrument requires the appropriation of funds by the Legislature shall be binding as to the terms requiring appropriations until such appropriations are enacted. History: Added June 2, 1980, No. 4440, § 1, Sess. L. 1980, p. 72.

(a) Employees in Class I bargaining units, as determined by section 371 of this chapter, may strike as a lawful means of promoting their collective employee interests. Once a strike, sanctioned by the exclusive representative, commences, the bargaining unit or its exclusive representative may not elect to resolve the dispute, which is the subject of the strike, by the impasse procedure set forth in section 376 of this chapter unless the public employer agrees to resolve the dispute by this impasse procedure and so notifies the PERB. Prior to any strike, both sides may mutually agree, in writing filed with the PERB, to resolve the dispute by the impasse procedure. If both sides so agree, no strike by the employees of that bargaining unit, for whatever reason, is lawful prior to the inclusion of the impasse procedure. Failure of the impasse procedure to culminate in a determination within the time required shall be deemed a conclusion under this section. (b) Employees in Class II bargaining units, as determined by section 371 of this chapter, may strike in the same manner, with the same options, and subject to the same limitations as is provided in subsection (a) of this section for employees in Class I units; Provided, however, That no strike by employees in Class II units is lawful after a judge of the division of the Superior Court with jurisdiction over the striking employees, after appropriate hearing, enjoins such strike; and Provided, further, That the exclusive representative shall give not less than 72 hours notice of an intent to strike to the public employer and the PERB before commencing any strike. The Superior Court shall enjoin a strike under this subsection upon the request of the public employer if the Court determines any of the following: (1) that lawful notice of the intent to strike was not given; or (2) that the strike has, or if permitted to commence or continue will, seriously harm the health or safety of the public; or (3) the exclusive representative has not made a good faith attempt to reach an agreement; or (4) the strike is in violation of any provision of this chapter. If a strike is enjoined, the issues in dispute shall be decided by the impasse procedure provided by section 376 of this chapter. (c) Employees in Class III bargaining unit, as determined by section 371 of this chapter, shall not strike at any time. Any strike or attempt to strike by employees in Class III units shall be immediately enjoined by a judge of the Superior Court upon motion by the public employer. The exclusive representative of employees in Class III units may elect to submit any dispute to the impasse procedure of section 376 of this chapter, and the dispute shall be decided by such procedure whether or not the public employer has agreed to submit the dispute to such procedure. (d) Notwithstanding any provision of law to the contrary, no public employee not a member of an appropriate bargaining unit represented by a certified exclusive employee organization which has sanctioned a strike shall strike at any time, and no public employee shall strike when such strike is a violation of the provisions of this chapter or the provisions of a valid agreement applicable to such employee. History: Added June 2, 1980, No. 4440, § 1, Sess. L. 1980, p. 73.

(a) Whenever an impasse procedure is required by the provisions of this chapter, the following procedure shall be followed: (1) the parties shall submit to the PERB and to each other written statements clearly and concisely outlining the issues in dispute together with a certificate as to the good faith of the statements; (2) the PERB shall assist the parties in voluntarily resolving the disputes; (3) upon request of either party, or upon its own motion, the PERB shall submit the unresolved issues to a mediator selected by the PERB from a list of qualified mediators chosen pursuant to subsection (k) of section 365 of this chapter. The mediator shall be chosen within 3 days after being requested by either party. The mediator shall have 10 days after his appointment in which to achieve a voluntary resolution of the disputed issue. If a Federal Mediation Conciliation Service ("FMCS") mediator is appointed, then the 10 day provision applies once the mediator arrives in the territory; (4) if no voluntary resolution is achieved by the mediator within the time provided, or if the mediator declares earlier than the expiration of the time provided that a voluntary resolution is not likely, then the remaining issues in dispute shall be submitted by the mediator to an arbitration panel for a decision which shall be final and binding on the parties. The parties may mutually agree to submit the dispute to the final and binding decision of an arbitration panel prior to the appointment of a mediator, and if so agreeing, shall notify the PERB; (5) an arbitration panel shall be selected promptly, consisting of three members. One member shall be appointed by the public employer, one member shall be appointed by the exclusive representative, and the third shall be selected by the other two. If any member is not appointed or the third member not agreed to within five calendar days after the PERB has determined that an arbitration panel is required pursuant to this section, then the PERB shall request the American Arbitration Association to provide an arbitrator or arbitrators necessary to complete the panel in accordance with the voluntary labor rules of the Association. The arbitration panel shall, within seven calendar days after its formation, commence to hear the issues in dispute by taking whatever actions it deems necessary to fairly investigate, hear, determine, and decide the disputed issues. The arbitration panel shall have the power to subpoena witnesses and documents and administer oaths. On or before fifteen days after the date of its formation, the arbitration panel shall deliver its decisions in writing to the public employer, the exclusive representative, and the PERB. The panel's decision shall be final and binding on both parties to the dispute and the parties shall immediately take whatever action is necessary to carry out and effectuate the decisions. (b) The costs of arbitration shall be borne equally between the public employer and the exclusive representative. The costs of mediation shall be borne by the PERB. (c) A public employer and an exclusive representative may enter into a written agreement setting forth an arbitration procedure for the settlement of disputes concerning the interpretation, compliance with, or application of an existing agreement or for the settlement of disputes in the negotiation of an initial or new agreement which procedure may be followed in lieu of the procedure set forth in this section; provided, the procedure agreed to culminates in a final decision binding on both parties. History: Added June 2, 1980, No. 4440, § 1, Sess. L. 1980, p. 75; amended Sept. 20, 2010, No. 7195, § 1(b), (c)(1)-(3), Sess. L. 2010, p. 172.

(a) The Office of the Collective Bargaining is established within the Office of the Governor, but shall function under the Division of Personnel for budgetary purposes only. The Office shall be supervised by a Chief Negotiator at the direction of the Governor. The Chief Negotiator shall be experienced in labor relations, and shall be appointed by the Governor with the advice and consent of the Legislature. The Chief Negotiator shall serve at the will of the Governor. (b) The Office of Collective Bargaining shall have the following powers and duties: (1) exclusively represent the executive branch of government and its departments and divisions and negotiate on its behalf in all collective bargaining proceedings; (2) assist the Governor in formulating labor policies for collective bargaining and plan strategies for such bargaining; (3) coordinate the government's position in all mediation and arbitration cases and labor disputes; (4) conduct systematic studies of collective bargaining agreements for the purpose of contract negotiations; (5) prepare and submit an annual report, and such other reports as may be requested, to the Governor and to the Legislature on the effects of this chapter on the annual budget and personnel matters. (c) The Office of Collective Bargaining shall not represent the independent instrumentalities of the Government of the Virgin Islands, such as the Virgin Islands Port Authority, the University of the Virgin Islands, the Virgin Islands Water and Power Authority, the Economic Development Bank or the Virgin Islands Housing Authority in collective bargaining negotiations, unless requested by the instrumentality to do so. (d) No commissioner, department head, or other employee similarly situated shall represent to an exclusive representative of a bargaining unit that he or she may negotiate an agreement on behalf of the public employer independent of the Office of Collective Bargaining. (e) A copy of each collective bargaining agreement and amendments thereto reached under the aegis of the Office of the Public Employee Labor Relations Board shall be filed in the Office of Collective Bargaining, maintained on each island, and shall be available for public inspection or copying. History: Added June 2, 1980, No. 4440, § 1, Sess. L. 1980, p. 76; amended Mar. 30, 1981, No. 4530, Sess. L. 1981, p. 6; Oct. 14, 1986, No. 5207, § 9, Sess. L. 1986, p. 249; Dec. 1, 1999, No. 6305, § 1, Sess. L. 1999, p. 129; Dec. 2, 1999, No. 6325, § 3, Sess. L. 1999, p. 155.

(a) It is hereby expressly prohibited for any public employer or agent of a public employer willfully to: (1) interfere with, restrain, or coerce any employee in the exercise of any right guaranteed by this chapter; (2) dominate, interfere with, or assist in the formation, existence or administration of any employee organization; (3) discriminate through hiring, tenure, or any term or condition of employment to encourage or discourage membership in an employee organization except as otherwise provided herein; (4) discharge or otherwise take reprisals against any employee because he or she has signed or filed an affidavit, petition, or complaint or given any information or testimony pursuant to this chapter; (5) refuse to bargain collectively in good faith with an exclusive representative; (6) refuse to participate in good faith in an impasse procedure or hearing or other form of mediation permitted by this chapter; (7) violate or fail to comply with any of the provisions of this chapter; (8) violate or fail to comply with any of the terms of a valid collective bargaining agreement to which it is a party. (b) It is hereby expressly prohibited for any exclusive representative or public employee willfully to: (1) interfere with, restrain, or coerce any employee in the exercise of any right guaranteed by this chapter; (2) refuse to bargain collectively in good faith with a public employer; (3) refuse to participate in good faith in an impasse procedure or hearing or other form of mediation permitted by this chapter; (4) violate or fail to comply with any of the provisions of this chapter; (5) violate or fail to comply with any of the terms of a valid collective bargaining agreement to which it is a party or which is applicable by virtue of being a member of a bargaining unit exclusively represented by a party thereto. History: Added June 2, 1980, No. 4440, § 1, Sess. L. 1980, p. 77.

(a) Any party aggrieved by the action of another, which action is believed to be a violation of this chapter, may complain of such violation in writing to the PERB and shall state in the complaint any relief sought. No fee shall be charged for the filing of any complaint. No complaint shall be considered which is filed more than 180 days after the alleged violation is known to the complaining party. Upon receipt of a complaint, the PERB shall: (1) promptly notify the party which is the subject of the complaint of the allegations against such party and order such party to respond in writing to the allegations within a reasonable time certain; (2) investigate the complaint, and if warranted, conduct a hearing to receive testimony from each side on the alleged violations; (3) make findings of fact and law based on its investigations and hearing, if any, and issue a written opinion of its final determinations; (4) issue written orders to enforce its findings and opinions and take such action as may be warranted to remedy the complaint and/or penalize a party found in violation of this chapter. Actions in remedy shall include, but not be limited to, dismissal of the complaint, issuance of a cease and desist order, levy fines against a party found in contempt of the PERB for failure to abide by an order, reinstate an employee with or without back pay, or otherwise make whole the employment or tenure of any employee, compel bargaining in good faith, and direct compliance with the provisions of this chapter. (b) The PERB may request the Superior Court of the Virgin Islands to enforce any order issued pursuant to its powers under this chapter. No defense or objection to an order of the PERB shall be considered by the court, unless such defense or objection was first urged before the PERB, unless the failure to urge the objection is excused by the court because of extraordinary circumstances. The findings of the PERB with respect to questions of fact shall be conclusive if supported by substantial evidence on the record considered as a whole. The court may enforce any order of the PERB it deems just and proper and enter a decree enforcing, modifying and enforcing as so modified, or setting aside, in whole or in part, the order of the PERB. (c) The complaints, transcripts of hearings, findings, testimony, answers to complaints, orders, and all other material relevant to the review procedures of the PERB of a complaint shall be public records and be made available for inspection or copying. All proceedings pursuant to this section shall be open to the public. History: Added June 2, 1980, No. 4440, § 1, Sess. L. 1980, p. 78; amended Oct. 14, 1986, No. 5206, § 201(b), Sess. L. 1986, p. 245; Oct. 1, 1991, No. 5723, § 6, Sess. L. 1991, p. 71.

The PERB may correct clerical mistakes in final orders or other parts of the record and other errors therein in accordance with the applicable provisions of Federal Rule of Civil Procedure 60. History: Added July 5, 2002, No. 6533, § 30(b), Sess. L. 2002, p. 431.

(a) Any party aggrieved by any final order of the PERB made pursuant to section 379 of this chapter, may appeal to the Superior Court of the Virgin Islands for review of such order and shall name the PERB as a party respondent. An application for review must be filed within 20 days after the date of the final order. The rules of procedure of the Superior Court not inconsistent with this chapter shall govern the appeal proceeding. An application not filed in a timely manner shall entitle the prevailing party to summary judgment enforcing the final order of the PERB. (b) In a review by appeal pursuant to this section, all questions of fact determined by the PERB pursuant to section 379, shall be conclusive if supported by substantial evidence on the record considered as a whole. No objection not urged before the PERB shall be considered in a review by the Superior Court unless the failure to urge the objection is excused by the court because of extraordinary circumstances. (c) In reviewing a final order of the PERB, the court may enforce the order, modify the order and enforce it, set the order aside, or return the matter to the PERB with instructions for further proceedings not inconsistent with this chapter. (d) The Federal District Court of the Virgin Islands shall have appellate jurisdiction of any decision of the Superior Court made pursuant to this chapter unless otherwise prohibited by law. History: Added June 2, 1980, No. 4440, § 1, Sess. L. 1980, p. 79; amended July 5, 2002, No. 6533, § 30(a), Sess. L. 2002, p. 431.

(a) Any person who willfully assaults, resists, prevents, impedes, or interferes, or willfully attempts to assault, resist, prevent, impede, or interfere with a mediator, arbitrator or member of the PERB or any of their agents or employees in the lawful performance of their duties pursuant to this chapter shall be fined not more than $5,000 or imprisoned not more than one year, or both. (b) Any public employer found to have maliciously or willfully violated an existing PERB order shall be fined $2,000, plus any associated costs of restoring the status quo of the affected employee or employees. Notwithstanding section 382 of this chapter, fines levied pursuant to this subsection shall be retained by the PERB and the costs with the restoration of the status quo must be remitted to the aggrieved party or parties. History: Added June 2, 1980, No. 4440, § 1, Sess. L. 1980, p. 80; amended Sept. 20, 2010, No. 7195, § 1(d), Sess. L. 2010, p. 172.

Monies collected by the courts or the PERB as fines for contempt or as penalties under the provisions of this chapter shall be deposited in the Treasury of the Virgin Islands or disbursed as the court or the PERB, whichever has levied the fine or penalty, finds equitable. History: Added June 2, 1980, No. 4440, § 1, Sess. L. 1980, p. 80.

(a) Suits for violation of contracts between a public employer and an exclusive representative, or between labor organizations, may be brought in any court of this Territory having jurisdiction of the parties, including the Federal District Court, without respect to the amount in controversy or without regard to the citizenship of the parties. (b) Any exclusive representative of public employees of this Territory shall be bound by the acts of its agents. Any such exclusive representative may sue or be sued as an entity and in behalf of the employees whom it represents in the courts of this Territory, including the Federal District Court. Any money judgment against an exclusive representative in a court of this Territory, including the Federal District Court, shall be enforceable only against the labor organization as an entity and against its assets, and shall not be enforceable against any individual member or his assets. (c) The service of summons, subpoena or other legal process of any court of this Territory, including the Federal District Court, upon an officer or managing agent of a labor organization, in his capacity as such, shall constitute service upon the labor organization. (d) For the purposes of this section, in determining whether any person is acting as an "agent" of another person so as to make such other person responsible for his acts, the question of whether the specific acts performed were actually authorized or subsequently ratified shall not be controlling. History: Added June 2, 1980, No. 4440, § 1, Sess. L. 1980, p. 80.

The Legislature hereby finds and declares that the public welfare requires that minors be protected from conditions of labor which have a pernicious effect on their health, morals and educational competence of youth, and to this end, the purpose of this chapter is to regulate the employment of minors in the manner herein set forth. History: Added Apr. 1, 1964, No. 1112, § 1, Sess. L. 1964, p. 57.

For the purpose of this chapter, unless otherwise provided or the context requires a different construction, application or meaning- Commissioner means the Commissioner of Labor or his authorized representative. Education, Health, and Human Services mean respectively the Commissioners of such departments or their authorized representatives. Minor means any person who has not reached the age of 18 years. History: Added April 1, 1964, No. 1112, § 1, Sess. L. 1964, p. 57; amended March 17, 1965, No. 1343, § 6, Sess. L. 1965, Pt. I, p. 81; June 24, 1987 No. 5265, § 201, Sess. L. 1987, p. 22.

Orders of Commissioner (a) Except as hereinafter provided, no minor shall be employed or permitted to work in any occupation in the Virgin Islands, in or involving (1) heavy construction work; (2) the operation of power-driven, metal-forming, punching and shearing machines; (3) the making of alcoholic beverages in bottling plants; (4) electric and power generating plants; (5) steam laundries; (6) any quarry; (7) the operation of power driven woodworking machines; (8) spray painting or occupations involving exposure to lead or its compounds, or to dangerous or poisonous dyes and chemicals; (9) any other business, industry or any other occupation that the Commissioner, upon investigation, and after public notice and hearing, shall find and by order declare to be particularly hazardous for the employment of minors, or detrimental to their health, safety, morals, or well being; Provided, That such order of the Commissioner may be made on an industry or business basis specifying the occupations therein that are not covered, or on an occupational basis, irrespective of the industry or business in which the occupation is found; And provided further, That such order may be also made on the basis of sex or categories of age groups. History: Added Apr. 1, 1964, No. 1112, § 1, Sess. L. 1964, p. 57.

Consultation With Other Officials Except as herein otherwise specifically provided, the Commissioner shall administer the provisions of this chapter, and is authorized to issue, subject to the approval of the Governor, such regulations and orders consistent with the provisions of this chapter as may be necessary or appropriate to effectuate and implement the same. In the preparation of such regulations and orders the Commissioner shall consult with Education, Health, and Human Services, and with such other agencies of the territorial or Federal Government having to do with matters affecting the health, safety, morals or well-being as may be appropriate. History: Added Apr. 1, 1964, No. 1112, § 1, Sess. L. 1964, p. 57, June 24, 1987, No. 5265, § 201, Sess. L. 1987, p. 22.

Programs; Notice The provisions of this chapter shall not apply to employment of minors under supervised on-the-job training programs, including apprenticeship or student-learner programs, authorized by law; Provided, That an employer shall prior to commencement of a minor's employment under such a program notify Education as to the same. History: Added Apr. 1, 1964, No. 1112, § 1, Sess. L. 1964, p. 57.

Any employer who wilfully violates any provision of this chapter or of any rules or regulations pursuant thereto shall be guilty of a misdemeanor. History: Added Apr. 1, 1964, No. 1112, § 1, Sess. L. 1964, p. 57.

In addition to any other penalty specified by law, the Attorney General may bring action in any of the Courts of the Virgin Islands to restrain violations of this chapter. History: Added Apr. 1, 1964, No. 1112, § 1, Sess. L. 1964, p. 57.

As used in this chapter, unless the context clearly requires otherwise: (1) "Employee" means any person currently employed, laid off with reemployment rights, or on leave of absence. The term "employee" shall not include applicants for employment, agents, contractors or any other person. (2) "Employer" means any individual, person, partnership, association, corporation, and the Government of the Virgin Islands or any of its agencies, authorities, boards or commissions. (3) "Personnel file" includes, if maintained by the employer, any application for employment, wage or salary information, notices of commendations, warning or discipline, authorization for a deduction or withholding of pay, fringe benefit information, leave records, employment history with the employer, including salary information, job title, dates of changes, retirement record, attendance records and performance evaluations. The term "personnel file" shall not include records of an employee relating to the investigation of a possible criminal offense, letters of reference, documents which are being developed or prepared for use in civil, criminal or grievance procedures, medical records or materials which are used by the employer to plan for future operations or information available to the employee under the Fair Credit Reporting Act, under 15 U.S.C. § 1618. History: Added July 30, 1984, No. 4979, § 1, Sess. L. 1984, p. 218.

(a) An employer shall, at reasonable times, upon request of an employee permit that employee to inspect his personnel files. The employer shall make these records available during the regular business hours of the office where these records are usually and ordinarily maintained, when sufficient time is available during the course of a regular business day, to inspect the personnel files in question. If the records are maintained at a geographic location other than the employee's normal place of business, the employer shall, within two weeks of any request, make the files or its duplicate available at the employee's normal place of business. (b) Any employer or agent of an employer as defined in section 421 of this chapter who willfully removes or causes to be removed any item or items from an employee's personnel file for the express purpose of denying or withholding such item or items from an employee shall be fined not less than $100.00. History: Added July 30, 1984, No. 4979, § 1, Sess. L. 1984, p. 218.

(a) In addition to other remedies, any person who has been discriminated against as defined in this section may bring an action for compensatory and punitive damages in any court of competent jurisdiction. The court in such action shall award to the plaintiff reasonable attorney's fees and costs of the action, in addition to any judgment in favor of the plaintiff. (b) For the purposes of this section, the terms "because of sex" or "as to sex" include, but are not limited to: (1) because of sexual harassment and; (2) because of or as to pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment- related purposes, including receipt of benefits under disability benefit, sick leave, and medical benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in section 460 of this chapter pertaining to bona fide occupational classifications shall be interpreted to permit otherwise. History: Apr. 8, 1964, No. 1192, § 1, Sess. L. 1964, p. 202; amended June 1, 1984, No. 4942, § 1, Sess. L. 1984, p. 143; Apr. 7, 2006, No. 6829, § 3, Sess. L. 2006, p. 26; Nov. 15, 2011, No. 7323, § 2(a), (b), Sess. L. 2011, p. 289.

(a) An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because the employee, or a person acting on behalf of the employee, reports or is about to report, verbally or in writing, a violation or a suspected violation of this chapter, regulation or rule promulgated pursuant to law of this territory or the United States to a public body, unless the employee knows that the report is false, or because an employee is requested by a public body to participate in an investigation, hearing or inquiry held by that public body, or a court action. (b) In addition to the remedies provided in sections 453 through 455 of this chapter, a person who alleges a violation of this section may bring a civil action for appropriate injunctive relief, or actual damages, or both, within ninety days after the occurrence of the alleged violation of the provisions of this section. (c) An action commenced pursuant to subsection (b) of this section may be brought in the Superior Court division where the alleged violation occurred, the Superior Court division where the complainant resides, or the division where the person against whom the civil complaint is filed resides or has his principal place of business. (d) As used in subsection (b) of this section, "damages" means damages for injury or loss caused by each individual violation of the provisions of this section, including reasonable attorney fees. (e) An employee shall show by a preponderance of the evidence that he or a person acting on his behalf was about to report or did report, verbally or in writing, a violation or a suspected violation of this chapter, or the law of the United States, to a public body. History: Added Apr. 7, 2006, No. 6829, § 4, Sess. L. 2006, pp. 26, 27.

The Department of Labor, hereinafter referred to as the "department", shall have jurisdiction over the subject of employment practices and discrimination made unlawful by this chapter. When it shall appear to it that an unlawful employment practice or discrimination may have been committed, the department shall make a prompt investigation in connection therewith. If it determines after such investigation that further action is warranted, the department shall immediately endeavor to eliminate the unlawful employment practice or discrimination complained of by conference, conciliation and persuasion. History: Apr. 8, 1964, No. 1192, § 2, Sess. L. 1964, p. 202; amended Mar. 17, 1965, No. 1343, § 6, Sess. L. 1965, Pt. I, p. 81.

(a) Any person claiming to be aggrieved by an alleged unlawful employment practice or discrimination may file with the department a verified complaint in writing which shall state the name and address of the person, employer, or employment agency alleged to have committed the unlawful practice or discrimination complained of and which shall set forth the particulars thereof and contain such other information as may be required by the department. The Attorney General may, in like manner, make, sign and file such complaint. (b) No complaint shall be filed after the expiration of one hundred and eighty days after the alleged act of unlawful employment practice or discrimination. History: Apr. 8, 1964, No. 1192, § 3, Sess. L. 1964, p. 203; amended Mar. 7, 1980, No. 4415, § 3, Sess. L. 1980, p. 28.

(a) After the filing of any accusation, an investigation shall be made and an attempt to eliminate such practice or discrimination shall be made as provided in section 402 of this title, unless such attempt has previously been made. (b) In case of failure to eliminate such practice or discrimination, or in advance thereof, if in the judgment of the department, circumstances warrant, a written accusation, together with a copy of such complaint as the same may have been amended, shall be issued and served requiring the person, employer, or employment agency named in such accusation, hereinafter referred to as "respondent" to answer the charges of such accusation at a hearing. History: Apr. 8, 1964, No. 1192, § 4, Sess. L. 1964, p. 203.

If the department finds, after hearing, that a respondent has engaged in any unlawful employment practice or discrimination, as defined in this chapter, the department shall state its findings of fact and shall issue and cause to be served on such respondent an order requiring such respondent to cease and desist from such unlawful employment practice or discrimination and to take such affirmative action including (but not limited to) hiring, reinstatement or upgrading of employees, with or without back pay, as, in the judgment of the department, will effectuate the purpose of this chapter, and including a requirement for report of the manner of compliance. If the department finds that a respondent had not engaged in any such unlawful employment practice or discrimination, the department shall state its findings of fact and shall issue and cause to be served on the complainant an order dismissing the said accusation as to such respondent. A copy of its order shall be delivered in all cases to the Attorney General, and such other public officers as the department deems proper. History: Apr. 8, 1964, No. 1192, § 5, Sess. L. 1964, p. 203.

The department shall make such rules and regulations, with the approval of the Governor, not inconsistent with this chapter, for the carrying out of the provisions of this chapter and for the efficient enforcement thereof. History: Apr. 8, 1964, No. 1192, § 6, Sess. L. 1964, p. 204.

(a) Any person aggrieved by a final order of the department granting or denying in whole or in part the relief sought may obtain a review of such order by filing in a court of competent jurisdiction, within 30 days of its issuance, a written petition praying that such decision of the department be modified or set aside. (b) No objection that has not been urged before the department shall be considered by the court unless the failure or neglect to urge such objection is excused because of extraordinary circumstances. The findings of the department, as to the facts, if supported by substantial evidence, shall be conclusive. History: Apr. 8, 1964, No. 1192, § 7, Sess. L. 1964, p. 204.

The department may petition any court of competent jurisdiction for the enforcement of any order issued pursuant to this chapter and for appropriate temporary relief or restraining order and shall certify and file in the court a transcript of the record in the proceedings, including the pleading and testimony upon which the order was entered and the findings and order of the department. Upon such filing, the court shall cause notice to be served upon the person against whom the order is directed. Thereupon the court shall have jurisdiction of the proceeding and of the question determined therein, and may grant such temporary relief or restraining order as it deems just and proper, or issue a decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part the order of the department. The department shall not be required to give bond as a condition to filing or maintaining any action for an injunction or restraining order. History: Apr. 8, 1964, No. 1192, § 8, Sess. L. 1964, p. 204.

The commencement of proceedings under sections 407 or 408 of this title shall not operate as a stay of the department's order, unless specifically ordered by the court. History: Apr. 8, 1964, No. 1192, § 9, Sess. L. 1964, p. 204.

Nothing contained in this chapter shall be construed to conflict with the laws relating to child labor, nor to prohibit the establishment and maintenance of bona fide occupational qualifications, nor to prevent the termination or change of the employment of any person who is unable to perform his duties, nor to bar any organization operated for charitable or educational purposes, which is operated, supervised or controlled by, or in connection with, a religious organization, from giving preference to persons of the same religion or from making such selection as is calculated by such organization to promote the religious principles for which it is established or maintained. History: Apr. 8, 1964, No. 1192, § 10, Sess. L. 1964, p. 204.

Whoever shall wilfully resist, prevent or interfere with the department or any of its agents or representatives in the performance of duties pursuant to this chapter, or who shall, in any manner, wilfully violate an order of the department, shall be fined not more than $200 for the first offense, and for the second and any subsequent offense, shall be fined not more than $500. History: Apr. 8, 1964, No. 1192, § 11, Sess. L. 1964, p. 205.

For the purposes of this chapter, the term "employer" includes individuals, corporations, other legal entities, and all departments, offices, boards, institutions, branches, independent instrumentalities, and other agencies of the Government of the Virgin Islands. History: Added June 1, 1984, No. 4942, § 3, Sess. L. 1984, p. 144.

(a) This chapter may be cited as the Virgin Islands Fair Chance for Employment Act. (b) The purpose of this chapter is to prohibit unfair discrimination in hiring policies against persons previously convicted and to provide a mechanism to ensure that persons and businesses supplying goods and services to the Government of the Virgin Islands adopt and employ fair hiring policies and practices that are consistent with the Legislature of the Virgin Islands' goal of removing obstacles to the employment of persons with prior convictions. History: Added June 24, 2024, No. 8838, § 1, Sess. L. 2024, p. -.

(a) "Applicant" means any person a private employer, public employer, or a public employer's agent, vendor, or contractor considers when identifying potential employees through any means including, but not limited to recruitment, solicitation, or seeking personal information, or any person who requests consideration for employment by an employer, or who requests information from an employer related to seeking employment. (b) "Employer" means a public agency, private individuals, businesses and corporations, training and apprenticeship program, vendor, or contractor. (c) "Conviction" means a plea, verdict, or finding of guilt regardless of whether a sentence is imposed by the court. (d) "Criminal record" means any record pertaining to a citation or arrest for criminal conduct, including records relating to probable cause to arrest, a criminal or juvenile case filed with any court, convictions that have been judicially dismissed or sealed according to law, and any referral to or participation in a pretrial or posttrial diversion program. (e) "Conditional offer of employment" means an offer of employment for a position in the private or public sector from an employer which is subject to the results of a criminal history inquiry. History: Added June 24, 2024, No. 8838, § 1, Sess. L. 2024, p. -.

(a) Except as otherwise provided by local and federal law, an employer may not inquire about an applicant's conviction history before the applicant is determined to be otherwise qualified for the position. Job applications may not contain a "box" or inquiry regarding a job applicant's prior convictions. (b) An employer may not ask or seek from any source whatsoever or use as a factor in determining any condition of employment, through written or oral form, information regarding a criminal record or history of conviction until the applicant has been given a conditional offer of employment. (c) Unless a specific crime statutorily prevents the applicant from qualifying, employers advertising a job position may not state, imply or document that persons with a criminal background cannot apply. (d) Employment applications distributed by employers to applicants must include a statement that: "A record of conviction will not exclude an applicant from being eligible for the position. Factors that may be examined include: (1) The rational relationship of the nature of the offense to the duties and responsibilities of the position; and (2) Evidence of the rehabilitation of the applicant." History: Added June 24, 2024, No. 8838, § 1, Sess. L. 2024, p. -.

(a) An employer may rescind a conditional offer of employment for an applicant who has pending charges filed within the last six months or has been convicted of a felony conviction in the past five years or a misdemeanor conviction that occurred in the past three years only after considering: (1) Whether the criminal offense charge relates to the responsibilities of the position for which the person has applied; and (2) Any documentation or information demonstrating the rehabilitation of the applicant. History: Added June 24, 2024, No. 8838, § 1, Sess. L. 2024, p. -.

(a) Nothing in this subchapter prohibits an employer from asking an applicant orally or in writing about an arrest for which the applicant is out on bail or his own recognizance. (b) Nothing in this subchapter prohibits the disclosure of the information authorized for release to a government agency employing a peace officer. (c) Nothing in this subchapter prohibits an employer at a health facility, as defined in 19 V.I.C. § 221(9), from asking an applicant for employment either of the following: (1) An applicant for a position with regular access to patients to disclose an arrest under any section specified 14 V.I.C., chapter 86. (2) An applicant for a position with access to drugs and medication-must disclose an arrest under any section specified in title 19 V.I.C., chapter 29. (d) Nothing in this subchapter applies to persons seeking employment, persons already employed as peace officers, or persons seeking employment for a position in the Department of Justice or other criminal justice agencies. (e) Nothing in this subchapter applies if: (1) Local or federal law requires an applicant to be rejected based on criminal history; (2) The employment requires a satisfactory criminal background check as an established bona fide occupational position for group of employees; (3) A standard fidelity or equivalent bond is required, and a conviction of one or more specified criminal offenses would disqualify the applicant from obtaining such a bond; or (4) The employment is within a facility that provides programs, services, or direct care to minors or vulnerable adults, including the educational system or childcare. (f) This subchapter does not prevent any employer from imposing a probationary period on new employees or new hires. History: Added June 24, 2024, No. 8838, § 1, Sess. L. 2024, p. -.

(a) It is unlawful for a peace officer or employee of a law enforcement agency with access to criminal offender record information maintained by a local enforcement criminal justice agency to knowingly disclose, with intent to affect a person's employment, any information contained in a criminal record or pertaining to a history of conviction to any person not authorized by law to receive that information. (b) It is unlawful for any other person authorized by law to receive criminal offender record information maintained by a local law enforcement or criminal justice agency to knowingly disclose any information received from either of those agencies pertaining to a criminal record or history of conviction to any person not authorized by law to receive that information. (c) It is unlawful for any person who knows he is not authorized by law to receive or possess criminal justice records information maintained by a local law enforcement criminal justice agency pertaining to a criminal record or history of conviction to receive or possess that information. (d) Nothing in this subchapter requires the Department of Justice to remove entries pertaining to an arrest not resulting in conviction from summary criminal history records forwarded to an employer pursuant to law. History: Added June 24, 2024, No. 8838, § 1, Sess. L. 2024, p. -.

(a) Any employer who violates this subchapter may be subject to an action by the applicant to recover actual damages from that person or $200, whichever is greater, plus costs and reasonable attorney's fees as a civil penalty. (b) The remedies under this section are in addition to and not in derogation of all other rights and remedies that an applicant may have under any other law. History: Added June 24, 2024, No. 8838, § 1, Sess. L. 2024, p. -; amended July 10, 2024, No. 8854, § 8, Sess. L. 2024, p. -.

As used in this chapter: (1) "Advance notification" means a written declaration by an employer, in a form and manner prescribed by the Commissioner that a plant closing, mass layoff or relocation will occur. (2) "Affected employees" means an employee who may reasonably be expected to experience an employment loss as a consequence of a proposed plant closing, relocation or Bankruptcy Reorganization pursuant to 11 U.S. C., §101, et seq. or a mass layoff. (3) "Commissioner" means the Commissioner of the Virgin Islands Department of Labor. (4) "Employee" means an individual who at the point of termination had been performing full-time services for wages at a facility for the Employer for at least twelve consecutive months. (5) "Employer" means an individual, corporation, or other private business entity, whether for profit or not for profit, which owns or operates a facility, or as defined in a contract governing the transfer of ownership or controlling interest in the covered facility. (6) "Employment loss" means: (A) an employment termination, other than a discharge for cause, voluntary departure, or retirement; (B) permanent layoff; (C) a relocation in which the affected employee is not offered employment in the relocated business pursuant to section 473(e). (7) "Facility" means a plant, factory, commercial business, institution or other place of employment located in the Virgin Islands which had 10 or more employees during any month in the six-month period prior to the date of plant closing. (8) "Mass layoff" means a reduction in force which: (A) is not the result of a plant closing; and (B) results in an employment loss at the single site of employment during any 30-day period for at least 25 employees. (9) "Partial closing", a permanent cessation of a discrete portion of the business conducted at a facility which results in the termination of a significant number of the employees of the facility which affects workers and communities in a manner similar to that of plant closings. (10) "Physical calamity" means any calamity, such as fire, flood or other natural disaster. (11) "Plant closing" means the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment or facility. Plant closing includes the sale, transfer, merger, takeover or similar change in the controlling interest of any employing unit, as defined in the Virgin Islands Unemployment Insurance Act, where the successor employer has not elected to be treated as a successor employing unit under the Virgin Islands Unemployment Insurance Act. Plant closing does not include facilities that are closed due to a physical calamity or natural disaster or closed under the provisions of the Federal Bankruptcy Act, 11 U.S.C. §101 et seq., except for employers in reorganization proceedings or the final order of any federal or territorial governmental agency including adjudicated bankruptcy. (12) "Relocation" means the removal of all or substantially all of the industrial, commercial or business operations in a covered facility to a location outside of the Virgin Islands. (13) "Severance payment" means the pay an affected employee receives within one pay period after termination, equal to one week's pay for every year of service with the employer. History: Added Sept. 20, 2010, No. 7196, § 1, Sess. L. 2010, pp. 174, 175; amended Apr. 9, 2011, No. 7244, § 6, Sess. L. 2011, p. 6; May 14, 2012, No. 7359, § 1(a)-(f), Sess. L. 2012, p. 74.

(a) (1) Every employer with fewer than 1,000 employees who is closing a facility or planning a relocation or other action that results or will result in an employment loss shall at least 90 days before such action give advance notification to the Commissioner, any affected employees, and if the employees are represented by a labor union, to such labor union. In the case of a mass layoff, the employer shall give at least 30 days' advance notification of the mass layoff to any affected employees and their respective labor unions, and at least 10 days' advance notification to the Commissioner. (2) Every employer with 1,000 or more employees who is closing a facility or planning a relocation or other action that results or will result in employment loss shall at least 180 days before such action give advance notification of the mass layoff to any affected employees and their respective labor unions, and if the employees are represented by a labor union, to such labor union. In case of a mass layoff that will not result in a plant closing, the employer shall give at least 30 days' advance notification of the mass layoff to any affected employees and their respective labor unions, and at least 10 days' advance notification to the Commissioner. (b) In the case of a sale of part or all of an employer's business, the seller is responsible for providing notice of any plant closing or mass layoff, in accordance with this section, up to and including the effective date of the sale. After the effective date of the sale of part or all of an employer's business, the purchaser is responsible for providing notice for any plant closing or mass layoff in accordance with this section. Notwithstanding any other provision of this chapter, any person who is an employee of the seller as of the effective date of the sale, unless the previous employer pays plant closing severance in accordance with section 473 is deemed an employee of the purchaser immediately after the effective date of the sale. (c) The mailing of notice required in subsection (a) to an employee's last known address or inclusion of notice with the employee's paycheck is an acceptable method for fulfillment of the employer's obligation to give notice to each affected employee under this section. (d) The contents of notice must comply with this subsection. (1) The notification provided pursuant to this section must include: (A) A statement of the number of employees whose employment will be terminated in connection with the reduction in force event or transfer or termination of operations of the establishment, the date or dates on which the reduction in force event or transfer or termination of operations and each termination of employment will occur; (B) A statement of the reasons for the reduction in force event or transfer or termination of operations; (C) A statement of any employment available to employees at any other establishment operated by the employer, and information regarding the benefits, pay and other terms and conditions of that employment and the location of the other establishment; (D) A statement of any employee rights with respect to wages, severance pay, benefits, pension or other terms of employment as they relate to the termination, including, but not limited to, any rights based on a collective bargaining agreement or other existing employer policy; (E) A disclosure of the amount of the severance pay which is payable pursuant to the section 473. (F) A statement of the employees' right to receive from the V.I. Department of Labor's program to assist dislocated workers pursuant to section 24 V.I.C. § 474(b) information, referral counseling, job training, public programs and benefits to assist the employees; and employee rights based on law. (2) The notification must be in writing and, after the Commissioner has made a form for the notification available to employers, provided on that form. The commissioner shall make the form available to employers not more than 90 days following the effective date of this subsection. (e) Notwithstanding the requirements of subsection (a), an employer is not required to provide notice if a mass layoff, relocation, or employment loss if the mass layoff, relocation or employment loss is a result of a physical calamity or an act of terrorism or war. History: Added Sept. 20, 2010, No. 7196, § 1, Sess. L. 2010, pp. 175-177; amended May 14, 2012, No. 7359, § 2(a)(1)-(5), (b), (c), Sess. L. 2012, pp. 74-75.

(a) (1) No later than one pay period the termination, the employer shall pay every affected employee a severance payment equal to one week's pay for every year of service with the employer. Severance pay for service in months over a year must be prorated accordingly; but a labor union shall have the right to negotiate for additional benefits for its membership The severance pay must be, calculated at the average weekly wage during the year prior to termination. (2) All employer records, including personnel and payroll records for each employee, must be kept for at least three years following the closing or partial closing of the business, or the employee's termination. The records must be made available to the Commissioner for review and reproduction. (3) In the event of a sale, the original owner may elect to pay the employees according to this section and terminate them, or sell the company to the successor with the liability pending. If the latter occurs, the successor shall assume the liability for all the prior years of service for each retained employee, along with any years accumulated moving forward. (b) (1) The severance pay to eligible affected employees mandated by subsection (a) is in addition to any final wage payment to the employee. (2) The rights and remedies provided to employees by this chapter are in addition to, and not in lieu of, any other contractual or statutory rights and remedies of the employees, and are not intended to alter or affect such rights and remedies, except that the period of notification required by this chapter runs concurrently with any period of notification required by contract or by any other law. (3) This section may not be construed as limiting or modifying any provision of a collective bargaining agreement which requires notification, severance payment or other benefits on terms that are more favorable to employees than those required by this chapter. (c) Any employer who violates the provisions of this section is liable to the employee affected in the amount of the employee's unpaid severance pay. (1) Action to recover the liability may be maintained against any employer in any court of competent jurisdiction by any one or more employees for and on behalf of themselves and any other employees similarly situated. (2) A labor organization may also maintain an action on behalf of its members. (3) The court in such action shall, in addition to any judgment awarded to the plaintiffs, allow a reasonable attorney's fee to be paid by the defendant and costs of the action. (d) The Commissioner may supervise the payment of the unpaid severance pay owing to any employee under this section. In any investigation or proceeding under this section, the Commissioner shall have, in addition to all other powers granted by law, the authority to examine books and records of any employer affected by this section. The Commissioner may bring an action in any court of competent jurisdiction to recover the amount of any unpaid severance pay. The right of an employee to bring an action provided by subsection (c)(1) terminates upon the filing of a complaint by the Commissioner in an action under this subsection. Any sums recovered by the Commissioner on behalf of an employee pursuant to this subsection must be held in a special deposit account and must be paid, on order of the Commissioner, directly to the employee affected. (e) There is no liability under this section for severance pay to an eligible affected employee if: (1) Relocation or termination of a covered facility is necessitated by a physical calamity; (2) The employee is covered by, and has been paid under the terms of, an express contract providing for severance pay that is equal to or greater than the severance pay required by this section; or (3) (A) The employee accepts employment at another location that is owned by the employer. (B) An employee may not be considered to have experienced an employment loss negating the notice requirements, if the closing or layoff is the result of the relocation or consolidation of part or all of the employer's business and, prior to the closing or layoff the employer offers to transfer the employee to a different site of employment within a reasonable commuting distance with no more than a 90-day break in employment, and the employee accepts within 30 days after the offer or after the closing or layoff, whichever is later. History: Added Sept. 20, 2010, No. 7196, § 1, Sess. L. 2010, pp. 177-179; amended May 14, 2012, No. 7359, § 3(a)(1), (2), (b), Sess. L. 2012, p. 75.

(a) Employees affected by a plant closing must be given permanent preference in hiring and employment at other work places of the employer. Any employee who is so rehired or employed must be granted seniority as determined on the date of termination of employment. (b) The Commissioner shall establish a program to provide affected employees employment assistance, training, and related employment services including: (1) Job search assistance; (2) Job development; (3) Training in job skills; (4) Supportive services including commuting assistance, day care for dependents, and financial, career, and personal counseling; (5) Pre-layoff assistance; (6) Relocation assistance; (7) Mediation services or other programs conducted in cooperation with employers or labor organizations to provide early intervention in the event of major business closures; and (8) Assistance under applicable sections of the Worker Adjustment and Retraining Notification Act ("WARN") 29 U.S.C.2001 et seq., and other federal assistance. History: Added Sept. 20, 2010, No. 7196, § 1, Sess. L. 2010, p. 179.

Employees affected by a plant closing shall have the right of first refusal to purchase an affected facility within 90 days of the employer's notice to close the facility as provided by section 472 of this chapter. If the employees do not elect to purchase the facility the Government of the Virgin Islands shall maintain an option to purchase such facility for a period of 60 days. History: Added Dec. 29, 1986, No. 5227, § 3, Sess. L. 1986, p. 382.

(a) Any employer who willfully violates any provision of this chapter or any rule or regulation issued under this chapter is guilty of a misdemeanor and is subject to a fine of not less than $100 and not more than $3000 for every affected employee. (b) Any employer who has been adjudged as having violated any provision of this chapter is liable to each affected employee in an amount equal to the value of all the employee's, benefits, and other compensation for the three months preceding the closure, partial closure or relocation of the covered facility. History: Added Sept. 20, 2010, No. 7196, § 1, Sess. L. 2010, pp. 179, 180; amended May 14, 2012, No. 7359, § 4, Sess. L. 2012, p. 76.

In addition to any other penalties prescribed by law, the Attorney General may bring action in any court in the Virgin Islands to restrain violations of this chapter. History: Added Dec. 29, 1986, No. 5227, § 3, Sess. L. 1986, p. 382.

The Commissioner may adopt such rules and regulations, consistent with the provisions of this chapter, pursuant to the provisions of Title 3, chapter 35, Virgin Islands Code, as may be necessary to effectuate the purposes of this chapter. History: Added Dec. 29, 1986, No. 5227, § 3, Sess. L. 1986, p. 382.

This chapter may be cited and shall be known as the "Youth Transitional Employment Act." History: Added Mar. 22, 1996, No. 6099, § 1, Sess. L. 1996, p. 27.

The purpose of this chapter is to provide for an employment program in the 11th and 12th grades of high school, for a period of one (1) year to assist young individuals who need and can benefit from an employment program immediately upon graduation from high school or a recognized institution of higher learning to become more responsible, employable, and productive citizens; and to do so in a way that contributes to the development of territorial and community resources; to improve the long-term employability of youth; to enhance the educational, occupational, and citizenship skills of youth; to increase the employment and earnings of youth; to reduce welfare dependency; and to assist youth in addressing problems that impair their ability to make a successful transition from school to work. History: Added Mar. 22, 1996, No. 6099, § 1, Sess. L. 1996, p. 27.

There is established within the Department of Labor a program to be called the "Youth Transitional Employment Program". For the purpose of this chapter and unless the definition clearly indicates otherwise, "Commissioner" means the Commissioner of the Virgin Islands Department of Labor. History: Added Mar. 22, 1996, No. 6099, § 1, Sess. L. 1996, p. 27.

Program To become a participant in the Youth Employment Transitional Employment Program, a person must be an eligible youth who- (1) is domiciled in the Virgin Islands; (2) is an 11th or 12th grader in an accredited high school or has graduated from an accredited high school or institution of higher learning within two years of approved eligibility for the program; and (3) meets such other standards for enrollment as prescribed by the Commissioner; and (4) agrees to comply with all Youth Transitional Employment Program rules and regulations. History: Added Mar. 22, 1996, No. 6099, § 1, Sess. L. 1996, p. 27.

The Commissioner shall prescribe specific standards and procedures for the department's screening and selection of applicants for the Youth Transitional Employment Program. The rules shall also provide for the interviewing of each applicant for the purpose of- (1) determining the applicant's education and vocational skills and determining how those qualifications can best be utilized through the Youth Transitional Employment Program; and (2) obtaining from the applicant pertinent data relating to interests for determining eligibility and potential assignment; and (3) giving the applicant a full understanding of the Youth Transitional Employment Program. History: Added Mar. 22, 1996, No. 6099, § 1, Sess. L. 1996, p. 27.

(a) No individual may be enrolled in the Youth Transitional Employment Program for more than three years. (b) Enrollment in the Youth Transitional Employment Program shall not relieve any individual of obligations under the Military Selective Service Act (50 U.S.C. App. 451 et seq.). History: Added Mar. 22, 1996, No. 6099, § 1, Sess. L. 1996, p. 27.

(a) (1) The Commissioner may make agreements with local agencies, organizations and private businesses for participation in the Youth Transitional Employment Program. The Youth Transitional Program shall be designed and administered so as to provide enrollees with vocational training and work experience. (2) Each participating agency, organization or private business shall provide to each enrollee a well- organized and fully supervised program of vocational training, and work experience. To the fullest extent feasible, each participating agency, organization or private business shall include activities to assist the enrollee in planning and managing their work in a manner that will best contribute to long- term upward mobility either in the agency, organization or private business, or elsewhere. (3) The Commissioner shall arrange programs designed to provide enrollees with education, vocational training, work experience, job search counseling and other services which, in the determination of the Commissioner, will further the objectives of the program. (b) The Commissioner may arrange for enrollee education and vocational training through local educational facilities, agencies, organizations or private business. History: Added Mar. 22, 1996, No. 6099, § 1, Sess. L. 1996, p. 27.

(a) (1) An employer may be paid its share under Title 33,Title 33, Chapter 111, 3092 33rgin IsVirgin Islands Codelf of an eligible enrollee employed by such employer and participating in a program of transitional employment offered by that employer only if the program is approved under this section and in accordance with such procedures as the Commissioner may by regulation prescribe. (2) The Commissioner shall approve an employer's proposed program of employment transition within three (3) months after receipt, unless the Commissioner determines that the application does not contain a certification and other information meeting the requirements established under this act or that withholding of approval is warranted under subsection (b) of this section. (b) The Commissioner may not approve a program- (1) for employment under which commissions are the primary source of income; and (2) for employment which involves political or religious activities; and (3) for employment outside the territory. (c) An employer offering a program of transitional employment that the employer desires to have approved for the purposes of this act shall submit to the Commissioner a written application for such approval. Such application shall be in such form as the Commissioner shall prescribe. (d) An application under subsection (c) of this section shall include a certification by the employer of the following: (1) that the employer will employ the enrollees in a position for which the enrollee qualifies and that the employer expects that such position will be available on a stable and permanent basis to the enrollee for one year; and (2) that the wages and benefits to be paid to an enrollee participating in the employer's program of transition employment will be not less than the wages and benefits normally paid to other employees in a similar or the same employment position; and (3) that the employment of an enrollee under the program- (I) will not result in the displacement of currently employed workers (including) partial displacement such as a reduction in the hours of non-overtime work, wages or employment benefits); and (II) will not be in a job- (i) while any other individual is on layoff from the same or substantially equivalent job, or (ii) the opening for which was created as a result of the employer having terminated the employment of any regular employee or otherwise having reduced its work force with intention of hiring an enrollee in such job under this act. (4) That each participating enrollee will be employed for not less than 20 hours per week in the agency, organization or private business. (5) That the employer will keep adequate records to show the progress made by each enrollee participating in the program and otherwise to demonstrate compliance with the requirements established under this act. (6) That the employer will furnish each participating enrollee, before the enrollee's entry into the position, a copy of the employer's certification under this subsection and will obtain and retain the enrollee's signed acknowledgment of having received such certification. (7) That the program meets such other criteria as the Commissioner may determine are essential for the effective implementation of the program established by this act. (e) A certification under subsection (d) of this section shall include- (1) a statement indicating- (A) the total number of hours of participation in the program of transition employment to be offered an enrollee; and (B) the starting rate of wages to be paid to a participant in the program; and (2) a description of the training content of the program (including any agreement the employer has entered into with an educational institution and of the objective of the training). History: Added Mar. 22, 1996, No. 6099, § 1, Sess. L. 1996, p. 27; amended Oct. 26, 2020, No. 8371, § 1, Sess. L. 2020, p. 176.

(a) The Commissioner shall make quarterly payments to an employer participating in an approved program of employment under this act. Subject to Title 33, Chapter 111, section 3092 of this code, the amount paid to an employer on behalf of an enrollee for any period of time shall be 50 percent of the product of: (1) the starting hourly rate of wages paid to the enrollee by the employer (without regard to overtime or premium pay); and (2) the number of hours worked by the enrollee during that period. (b) The maximum amount that may be paid to an employer on behalf of an enrollee participating in a program of transitional employment under this act is not more than $10,000. (c) In order to relieve financial burdens on business enterprises with relatively few number of employees, the Commissioner may make payments under this act on a monthly, rather than quarterly, basis to an employer with a number of employees less than a number which shall be specified in regulations which the Commissioner shall prescribe for the purposes of this paragraph. (d) Payment may not be made to an employer for a period of training under this act on behalf of an enrollee until the Commission has received- (1) from the enrollee, a certification that the enrollee was employed full time by the employer in a program of transitional employment during such period; and (2) from the employer, a certification- (i) that the enrollee was employed by the employer; and (ii) the number of hours worked by the enrollee during that period. With respect to the first such certification by an employer of an enrollee, the certification shall indicate the date on which the employment of the enrollee began and the starting hourly rate of wages paid to the enrollee (without regard to overtime or premium pay). History: Added Mar. 22, 1996, No. 6099, § 1, Sess. L. 1996, p. 27.

This chapter may be cited as the Worker Freedom Act. History: Added Oct. 11, 2008, No. 7024, § 1, Sess. L. 2008, p. 264.

For purposes of this chapter- (a) "Employee" means any person engaged in service to an employer in a business of the employer. (b) "Employer" means persons or entities engaged in business that has employees, including the local government and semi-autonomous agencies. (c) "Political matters" include political party affiliation or the decision to join or not to join any lawful, political, social or community group or activity or any labor organization. (d) "Religious matters" include religious affiliation or identification or considerations relative to joining or not joining, adhering to or not adhering to, supporting or not supporting any religious faith organization, or activity. History: Added Oct. 11, 2008, No. 7024, § 1, Sess. L. 2008, p. 264.

(a) No employer or employer's agent, representative or designee may require its employees to attend an employer-sponsored meeting or participate in any communications with the employer or its agents or representatives for the purpose of communicating the employer's opinion about religious or political matters. (b) No employer or employer's agent, representative or designee may discharge, discipline or otherwise penalize any employee as a means of requiring that employee to attend a meeting or participate in communications described in subsection (a) above. (c) No employer or employer's agent, representative or designee may discharge, discipline or otherwise retaliate against any employee because the employee or person acting on behalf of the employee, makes a good-faith report, verbally or in writing of a suspected violation of the provisions of this chapter. History: Added Oct. 11, 2008, No. 7024, § 1, Sess. L. 2008, pp. 264, 265.

(a) Nothing in this chapter prohibits a religious or political organization from requiring its employees to attend an employer-sponsored meeting or to participate in any communications with the employer or its agents or representatives, the primary purpose of which is to communicate the employer's religious or political beliefs, practices, or tenets. (b) Nothing in this chapter prohibits an educational institution from requiring student instructors to attend lectures on political or religious matters that are part of the regular coursework at such institution. History: Added Oct. 11, 2008, No. 7024, § 1, Sess. L. 2008, p. 265.

Any aggrieved employee may enforce the provisions of this chapter by means of a civil action brought no later than ninety days after the date of the alleged violation. The court, in its discretion, may award actual economic damages, including attorneys' fees and costs, or any other relief that the court deems proper. Nothing in this chapter may be construed to limit an employee's rights to any other cause of action under the law or a collective bargaining agreement. History: Added Oct. 11, 2008, No. 7024, § 1, Sess. L. 2008, p. 265.