West Virginia § 21-5I-3 Certain laws may be superseded

West Virginia Statutes

§ 21-5I-3 — Certain laws may be superseded

West Virginia § 21-5I-3

Ch. 21LABOR

Art. 5IWEST VIRGINIA EMPLOYMENT LAW WORKER CLASSIFICATION ACT

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Bluebook

W. Va. Code § 21-5I-3 (2026).

Text

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 §5-11-1et seq. of this code, and wage payment and collection in §21-5-1et seq. of this code, and by imposing objective standards for making that distinction. Consequently, all laws concerning workers’ compensation in Chapter 23 of this code, unemployment compensation in Chapter 21A of this code, Human Rights Act rights in §5-11-1et seq. of this code, and wage payment and collection in §21-5-1et seq. of this code where the application thereof is contingent upon the class

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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 §5-11-1et seq. of this code, and wage payment and collection in §21-5-1et seq. of this code, and by imposing objective standards for making that distinction. Consequently, all laws concerning workers’ compensation in Chapter 23 of this code, unemployment compensation in Chapter 21A of this code, Human Rights Act rights in §5-11-1et seq. of this code, and wage payment and collection in §21-5-1et seq. of this code where the application thereof is contingent upon the classification of a worker as being an employee are superseded, to the extent necessary, by this article.