Labor & Employment (Labor Standards) in West Virginia

in committee · West Virginia · Senate Jan 28, 2026

SB 376: Division of Labor rule relating to child labor

SB 376 authorizes the West Virginia Division of Labor to implement a child labor rule (42 CSR 09) that was developed and modified to address legislative objections. The rule, previously filed in the State Register, will establish regulations governing child labor practices. This procedural bill directly affects employers who hire minors and ensures the rule is officially in effect without altering its content.

Topics ✓ Labor & Employment

Sub-Topics Child Labor Labor Standards Minimum Wage

in committee · West Virginia · House of Delegates Jan 20, 2026

HB 4571: Taxpayer Protection Act

HB 4571, the "Taxpayer Protection Act," prevents West Virginia residents from being wrongly classified as independent contractors instead of employees. It requires the Tax Commissioner to apply an "ABC" test to determine worker status: (1) absence of employer control, (2) work being unusual for the employer’s business, and (3) the worker operating as an independent business. Employers must prove all three criteria to classify a worker as an independent contractor; otherwise, the worker is presumed an employee for tax purposes. This ensures the state collects proper income taxes from employment relationships, directly affecting both workers (who may gain tax protections) and hiring businesses (which must comply with the classification rules).

Topics ✓ Budget & Taxes ✓ Labor & Employment

Sub-Topics Gig Economy Labor Standards

in committee · West Virginia · House of Delegates Jan 14, 2026

HB 4325: Relating to authorizing the Division of Labor to promulgate a legislative rule relating to child labor.

HB 4325 authorizes the West Virginia Division of Labor to implement a specific child labor rule (42 CSR 09) that was drafted, revised, and refilled after committee feedback. The rule sets concrete standards for minors' work hours, job types, and safety requirements in the state. This bill directly affects employers who hire minors and the Division of Labor, which will enforce the rule.

Topics ✓ Labor & Employment

Sub-Topics Child Labor Labor Standards Workplace Safety

in committee · West Virginia · Senate Jan 16, 2026

SB 460: Establishing no tax on tips or overtime compensation

SB 460 would exempt tips and overtime compensation from West Virginia's personal income tax. This means workers earning tips (such as in restaurants) or overtime pay (for hours beyond 40 in a week) would not owe state income tax on those earnings. Employers would still be required to report these payments as part of their tax filings, but the state would not tax them. The bill directly affects all West Virginia workers who receive tips or overtime compensation, including service industry employees and hourly workers.

Topics ✓ Budget & Taxes ✓ Labor & Employment

Sub-Topics Business Taxes Income Tax Sales Tax Labor Standards

in committee · West Virginia · House of Delegates Jan 14, 2026

HB 4199: Relating to requiring employees that receive gratuities be paid at least the established state minimum wage hourly rate.

HB 4199 amends West Virginia's minimum wage law to ensure employees who receive gratuities (like tips) earn at least the state minimum wage per hour. It allows employers to take a credit of up to 70% of the minimum wage for gratuities received by tipped employees, but only if the employee's total earnings (base wage plus tips) meet or exceed the minimum wage for each hour worked. Employers must maintain records proving this total meets the minimum wage and provide documentation to the state upon request. The bill directly affects tipped workers and their employers in West Virginia, clarifying that tip credits cannot reduce total pay below the minimum wage.

Topics ✓ Labor & Employment

Sub-Topics Labor Standards Minimum Wage

in committee · West Virginia · House of Delegates Jan 15, 2026

HB 4347: To remove income tax from overtime work

HB 4347 would exclude overtime pay (hours worked over 40 in a week) and all tips/gratuities from West Virginia's taxable income for full-time hourly employees. This change modifies the state's adjusted gross income calculation by removing these specific income sources from taxation. The bill directly affects hourly workers in jobs requiring overtime, such as retail, hospitality, and manufacturing, as well as service industry workers relying on tips. It does not create new tax exemptions but removes existing taxable income for these specific categories. The policy change would reduce income tax liability for affected workers on their overtime and tip earnings.

Topics ✓ Budget & Taxes ✓ Labor & Employment

Sub-Topics Business Taxes Income Tax Labor Standards

in committee · West Virginia · House of Delegates Jan 19, 2026

HB 4133: Defining a work day for school service personnel and removing a provision relating to employment of licensed practical nurses

HB 4133 defines a standard workday for West Virginia school service personnel (such as aides, custodians, and maintenance staff) as eight hours with a 30-minute unpaid lunch break, and a half-day as four hours. It specifies that employees working weekends (Saturday/Sunday) must be paid for at least half a day per day worked, or a full day if working over 3.5 hours. The bill also removes a prior provision about employing licensed practical nurses, though the specific content of that removed section is not detailed in the text. These changes directly affect school service workers' scheduling, pay for weekend work, and defined work hours under state employment rules.

Topics ✓ Labor & Employment

Sub-Topics Labor Standards

in committee · West Virginia · House of Delegates Jan 28, 2026

HB 4876: Relating generally to child labor

HB 4876 replaces the previous work permit requirement for 14-15-year-olds with a new "age certificate" system. Employers hiring children aged 14 or older must obtain this certificate from the State Commissioner of Labor, which requires proof of age (like a birth certificate), school attendance details, parental consent, and approved work hours. The certificate must include the child's full name, birth details, and work hour limits, and it must be kept on file by the employer. This bill directly affects employers hiring minors and shifts verification responsibility to the Labor Commissioner, while adding penalties for improper certificate issuance.

Topics ✓ Labor & Employment

Sub-Topics Child Labor Labor Standards

All labor & employment bills