Contingent Workforce/Independent Contractor Rules - West Virginia

West Virginia’s Employment Law Worker Classification Act has created a common definition of “independent contractor” for the state’s wage, unemployment insurance, tax, human rights, and workers’ compensations laws. The West Virginia Division of Labor says that wage and hour laws are only applicable if there is an employer-employee relationship; if a worker meets the definition of independent contractor under the ELWCA, then neither the Wage Payment Collection Act nor Minimum Wage Maximum Hour laws are applicable to that worker.

Employee: Any individual employed by an employer.