Virgin Islands Department of Labor Compliance

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virgin islands department of labor
COMPLIANCE CHECKLIST FOR
NEW/EXISTING BUSINESSES

Stay Ahead, Stay Compliant: Your Roadmap for Business Compliance in the US Virgin Islands!

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ALL BUSINESSES

Connect with the Virgin Islands Department of Labor for assistance in meeting compliance requirements. The following are required and must be adhered to by all businesses operating within the Virgin Islands to ensure compliance:

Workforce Development

  1. Create an employer account in the Virgin Islands Electronic Workforce System (VIeWS). Execute labor exchange functions like talent recruitment, job posting, conducting online résumé searches, tracking applicants, and researching the local labor market.
  2. Post job vacancies in VIeWS, in accordance with Act #5174 . Notice of vacancies shall include the title of the position, if any, the proposed salary, any required qualifications, and the general duties of the position, and the name, address or telephone number of the person to be contacted by applicants for the position.

Labor Relations

  1. Acquire guidance of mandatory Federal and State law employment posters (i.e. Minimum Wage & Sexual Harassment.
  2. Obtain Child Labor Certificates for youth workers under the age of eighteen (18). Minors cannot work in hazardous work conditions.
  3. Review compliance with the Fair Labor Standards Act as it pertains to minimum wage, overtime pay, recordkeeping and youth employment. Employers who violate the Fair Labor Standards may be subjected to fines, penalties, and payment of back wages.

Unemployment Insurance

  1. Register business with UI’s Tax Division.
  2. Submit required New Hire Report, by the 20th day of employment.
  3. Prepare and submit VIESA Quarterly Wage & Contribution report/payment.
  4. Register with the State Information Data Exchange System (SIDES) to respond to state unemployment insurance requests quickly, accurately, and securely.
  5. Submit Change of Status Form in the event an employer has a change in ownership or business type, trade, or employment (if applicable).
  6. Complete quarterly the Multiple Worksite Report if applicable. The MWR supplements your Quarterly Contributions Report.

Hearings & Appeals

  1. Resolve all wrongful discharge cases against the employer. When parties are in dispute over administrative decisions related to unemployment insurance, wrongful discharge, worker’s compensation, employment discrimination, and occupational safety and health, the Hearing and Appeals division will adjudicate these cases.

Workers' Compensation (WC) - Government Insurance Fund

  1. Attain WC coverage through the Virgin Islands Department of Finance, Government Insurance Fund, for employers with one or more employees. The purpose of the fund under Title 24 of the VI Code is to insure employers against liabilities and assure compensation where warranted.
  2. Remunerate annual renewal of WC coverage to ensure appropriate categories for each position.

BENEFICIARY PROGRAMS

The following are required for EDC Beneficiaries.

Compliance Overview Presentation

The Virgin Islands Department of Labor presents a comprehensive compliance overview for businesses, emphasizing the importance of adhering to labor laws and regulations.

CONTACT INFORMATION

Shaping Your Data, Streamlining Your World, Today and Tomorrow!

 The Compliance Unit is here for you offering you the relevant documents to ensure your path to compliance.

VIESA – Employer Quarterly Wage and Contribution Report

Used to file unemployment insurance quarterly wage and hour contributions. All employers subject to the Virgin Islands Unemployment Insurance Act are required to complete this report and return it with remittance due on or before the last of the month following the close of the pertinent calendar quarter.

New Hire Reporting Form

New employees documentation is a statutory requirement and requires all employers to report all newly hired or rehired employees within Twenty (20) Days of the date of hire.
*Note: The start to work date is the first day the individual performs services for pay. [If additional space is needed copy this form and submit.

Separations Form

Quarterly, employers must provide an accurate account of employees, who have separated from the employer. According to Title 29, Chapter 12 subsection 710 c-f, the Virgin Islands Department of Labor (VIDOL) shall monitor resident and non-resident staff that has separated employment by resignation or termination from the beneficiary.

Employer Compliance Upload Portal

This Portal is used to upload the following documents: EDC Affidavit of Beneficiary Regarding Residency of Employees, Employer Quarterly Wage & Contribution Report, VIESA Payment/Check Copy, VIDOL New Hire Reporting Form, VIDOL Separations Form, Change of Status Form to ensure you are in compliance.

Change of Status Form

Used to notify Unemployment Insurance of changes in legal form, closing of operations, transfers, or locale of operations. When an employer has a change in ownership or business type, trade, or employment in the USVI, the changes are required. All applicable sections of the form must be completed, including the Unemployment Insurance Account Number and FEIN number.

Latest News

Keep your finger on the pulse of current affairs by regularly checking out the latest compliance news headlines, ensuring you stay informed about what's happening within the Virgin Islands Department of Labor Compliance Unit.

Virgin Islands Codes and Laws

Know what laws you as a business have to abide by when doing business in the United States Virgin Islands. Labor laws and codes are a vital part of the legal framework in any nation, designed to safeguard the rights and well-being of employees while regulating the relationships between workers and employers.

Policies

These policies ensure compliance with laws and regulations, give guidance for decision-making, and streamline internal processes to support each business. Labor policies aim to create a fair and conducive environment for both employees and employers, balancing economic growth with social justice.

Affidavit of EDC Beneficiary

All Beneficiaries are required to submit an Affidavit attesting to the residency of their employees. This report must be filed with the EDC simultaneously with the copy of the Employer’s Quarterly Wage and Contribution Report within 30 days following the VIESA report’s due date to the Department of Labor to avoid a late penalty.

Multiple Worksite Report

This report is mandatory under Sections 309, 313, Chapter 12, Title 24 of the Virgin Islands Code, and is authorized by law, 29 U.S.C. 2. Your cooperation is needed to make the results of this survey complete, accurate, and timely. The totals on this form must match the corresponding totals on your Employer's Quarterly Wage and Contribution Report (Form VIUIS-2).

EDC Listing of Employees

Each quarter, Employers must complete this form and submit the active employees with your organization, it is part of the package that is submitted in paper format. This includes employees who are on leave but have not separated from their role. Required on the form is the full name (no nicknames), SSN, Street Address, Position (non-generic job title), Employee Classification, Date of Hire, Date of Severance, Employee Thru, Residency, Date of Resident. The Residency of Beneficiary Instructions can be found within can assist with completion of the form, refer to it as often as needed.