Employers may seek state refunds for worker training

The Division of Economic Development may reimburse an eligible employer for approved worker-training costs. The program covers private employers located in West Virginia and their current employees who have lived and worked full time in the state for the previous six months. The Legislature must set aside money for the program in the applicable fiscal year. The employee must complete eligible skill training, earn an approved credential, and receive a new wage at least 25% above the old wage and above West Virginia's average weekly wage. Reimbursement may not exceed $10,000 for one employee or $100,000 for one employer in a fiscal year. An employer may not receive payment twice for the same training cost under this or another state-funded program. The text says the act takes effect upon passage. Reimbursement applies only in fiscal years when the Legislature provides program funding.

Employers must apply for reimbursement, compete for preliminary awards, sign a training agreement, and provide proof before receiving payment. These requirements apply to qualifying employers seeking reimbursement for an employee's approved upskilling training. Applications must include a training plan, job and pay information, proof of employee eligibility, wage records, and other required documents. The division evaluates applications after the application period closes rather than on a first-come, first-served basis. After a preliminary award, the employer must sponsor the employee's credential within six months and may not begin the credential process before the award. The employer must report an unjustified wage reduction for two years after receiving reimbursement, and the division may consider it in later applications. The six-month credential deadline starts when the employer receives a preliminary award. The wage-reduction reporting period lasts two years after the reimbursement award is received.

The Division of Economic Development must issue emergency rules and participating employers must keep program records. The rules cover applications, award selection, training agreements, and other program operations; record duties cover employers that receive an award. Emergency rules must explain how employers apply, how awards are selected, and what training-agreement parties must do. Award recipients must keep training and payroll records, along with certain employee and wage information, for at least five years. Employers must provide copies of those records to the Department of Commerce or the division when requested. Records and information submitted under the program are exempt from disclosure under the state's public-records law. The division must issue the emergency rules within 90 days after the act's effective date. Employers must keep required records for at least five years.