The Scoop

West Virginia Laws

Discover important state and local employment laws for West Virginia.
Published: May 13, 2021

West Virginia Employment Law Workers Classification Act

West Virginia Employment Law Workers Classification Act
Update Effective: June 9, 2021

West Virginia recently enacted legislation that provides new state standards for determining whether a worker is considered an employee or independent contractor and thus whether they are entitled to certain employee benefits and protections. The law details specific acknowledgements that must be included in a written contract for independent contractors, as well as the additional criteria that must be met in order to maintain independent contractor status. The act additionally mentions that employers are free to hire any worker as an employee, even those workers who meet the criteria for an independent contractor.

Employers in West Virginia must still comply with federal guidance for independent contractor status under the Fair Labor Standards Act (FLSA).

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This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.

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