§21-5I-1. Short Title

This article shall be known as the West Virginia Employment Law Worker Classification Act.

§21-5I-2. Findings

The Legislature finds as follows: (a) Recent developments in the workforce marketplace, and in particular with the advent of the so-called “gig”, “entrepreneurial”, or “sharing” economy, have highlighted the uncertainty that currently exists with determining the correct classification of workers as independent contractors or employees. The proper classification of workers as employees or independent contractors […]

§21-5I-3. Certain Laws May Be Superseded

The purpose of this article is to bring clarity and certainty under the laws of this state with regard to differentiating employees from independent contractors in employment laws as defined in workers compensation in Chapter 23 of this code, unemployment compensation in Chapter 21A of this code, Human Rights Act rights in 5-11-1 et seq. […]

§21-5I-4. Classification of Independent Contractors and Employees

(a) Subject only to the provisions of subsection (b) of this section, a person shall be classified as an independent contractor under the laws of this state as defined in workers compensation in Chapter 23 of this code, unemployment compensation in Chapter 21A of this code, Human Rights Act rights in 5-11-1 et seq. of […]

§21-5I-5. Limitations as to Scope of Article

The test for determining whether a person is an independent contractor or employee set forth in this article applies only for purposes of workers compensation as defined in Chapter 23 of this code, unemployment compensation in Chapter 21A of this code, Human Rights Act rights in 5-11-1 et seq. of this code, and wage payment […]

§21-5I-6. Severability

If any provision of this article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this article, and to this end the provisions of this article are declared to be severable.