West Virginia § 21-5I-5 Limitations as to scope of article

West Virginia Statutes

§ 21-5I-5 — Limitations as to scope of article

West Virginia·Ch. 21 LABOR·Art. 5I WEST VIRGINIA EMPLOYMENT LAW WORKER CLASSIFICATION ACT

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 §5-11-1et seq. of this code, and wage payment and collection in §21-5-1et seq. of this code. This test has no application to other areas of law, such as whether a person is an independent contractor or an agent of principal for determining whether the law of principal and agent applies with respect to such questions as the issue of vicarious liability to a third party in tort. Further, this article does not apply with respect to organizations or persons subject to the provisions of §17-29-11 of this code.

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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 §5-11-1et seq. of this code, and wage payment and collection in §21-5-1et seq. of this code. This test has no application to other areas of law, such as whether a person is an independent contractor or an agent of principal for determining whether the law of principal and agent applies with respect to such questions as the issue of vicarious liability to a third party in tort. Further, this article does not apply with respect to organizations or persons subject to the provisions of §17-29-11 of this code.

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