HB 5485 would increase West Virginia's state minimum wage to $11.00 per hour, effective January 1, 2027, from the current $8.25 hourly rate as stated in the bill's purpose note. This change applies to all employers in the state, including state agencies and departments, requiring them to pay at least $11.00 per hour to employees. The bill also specifies that employers must follow the federal minimum wage if it exceeds the state rate, though it does not change the federal rate itself. This represents a $2.75 per hour increase in the state's minimum wage.
HB 5671 would change West Virginia's minimum wage law to automatically increase the hourly wage each year on September 1 based on the previous year's inflation rate, as measured by the Consumer Price Index (CPI) from the U.S. Department of Labor. This replaces the current system of fixed wage rates set on specific dates (e.g., $7.25 after 2008) with an inflation-linked adjustment mechanism. The bill ensures the minimum wage never falls below the federal minimum wage, while applying to all employers and employees covered by West Virginia's minimum wage law, including state agencies. This adjustment would directly affect hourly workers and businesses across the state by tying wage growth to cost-of-living changes.
HB 5256 removes an exemption allowing nonprofit workshops to pay workers with disabilities below minimum wage, requiring all such workers to receive standard minimum pay. It establishes a state task force with 17 members - including disability advocates, agency representatives, and service providers - to develop an "Employment First Policy" prioritizing integrated, competitive employment in the general workforce. The policy shift mandates state agencies to align services toward helping people with disabilities achieve competitive wages and benefits in mainstream jobs, rather than segregated settings. This directly affects individuals with disabilities employed in nonprofit workshops and state-funded employment programs.
HB 5542 would repeal West Virginia's right-to-work law (specifically sections §21-5G-1 through §21-5G-7) that prohibited requiring union membership as a condition of employment in workplaces where a union is the bargaining representative. This bill directly affects workers and labor unions in West Virginia workplaces covered by collective bargaining agreements, removing barriers to fair cost allocation for representation. The key provision eliminates legal restrictions that forced unions to represent non-members without charging fees, allowing voluntary agreements where employees who benefit from union representation may be required to pay dues. The change aims to restore the ability for unions and employees to negotiate fair cost-sharing arrangements under existing labor law.
HB 5116, the Katherine Johnson and Dorothy Vaughan Fair Pay Act, requires West Virginia employers to provide job applicants with the range of wages, benefits, and compensation for a position upon request. It prohibits employers from retaliating against applicants who decline to share past salary history or request pay ranges, and bans inquiries about prior wages without specific compliance steps. The bill also protects current employees' rights to discuss, disclose, or share their own wages with coworkers, while forbidding employers from restricting these discussions or taking adverse action for exercising these rights. Violations could lead to legal remedies including damages and attorney fees.
HB 4883 would exempt overtime pay from West Virginia's personal income tax. Currently, workers pay state income tax on overtime earnings, but this bill would remove that tax obligation. The provision applies directly to all West Virginia employees who earn overtime pay under state labor laws. This change would increase take-home pay for affected workers by eliminating the tax on overtime hours.
SB 240 would allow West Virginia public school teachers to earn overtime pay for work performed on weekends (Saturdays/Sundays) or beyond standard work hours, but only with prior approval from both the State Board of Education and their school principal. The bill requires the State Board to set the overtime rate based on the existing teacher salary schedule, with weekend work guaranteed to pay at least half the daily regular rate. This policy directly affects public school teachers in West Virginia who perform additional work outside typical hours. The bill does not automatically grant overtime but establishes a framework for its approval and calculation.
This bill requires contractors working on state or public construction projects (like roads, buildings, or infrastructure) to pay workers the prevailing wage rate for their trade in the local area. It mandates that public authorities determine and include this rate in contract specifications each year, based on the rate paid to most workers in that trade and location. Contractors must pay at least this rate, maintain records, post wage information, and face criminal penalties for violations, with these rules applying only to new contracts after the law takes effect. The bill does not affect existing contracts or temporary emergency repairs.
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.
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).
