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ARTICLE · 13 APRIL 2021

West Virginia Enacts Legislation To Clarify Worker Classification

Littler Mendelson
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Governor Jim Justice recently signed into law Senate Bill 272, the West Virginia Employment Law Workers Classification Act (the "Act"), which goes into effect on June 9, 2021.

United StatesEmployment and HR
Constance H. Weber
Constance H. Weber
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Governor Jim Justice recently signed into law Senate Bill 272, the West Virginia Employment Law Workers Classification Act (the "Act"), which goes into effect on June 9, 2021.  The legislation provides standards for determining who is an employee and who is an independent contractor under certain West Virginia statutes.  The Act states, "[c]larity in a worker's classification allows businesses to comply with applicable laws, provides workers with certainty as to their benefits and obligations, and minimizes unnecessary mistakes, litigation, risk, and legal exposure laws concerning worker's compensation, ... unemployment compensation,... Human Rights Act rights, and wage payment and collections."1  The Act applies only to workers' compensation, unemployment compensation benefits, Human Rights Act rights, and wage payment and collection provision of the West Virginia Code.2  The Act has a specific exception as it does not apply to on-demand drivers, which are governed

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