West Virginia’s gig economy legal landscape follows traditional employee-contractor tests but includes recent clarifications favoring flexible classification, especially for app-based or freelance work. Workers are typically independent contractors unless they meet specific control/integration criteria under state law.
Classification Criteria
The West Virginia Employment Law Worker Classification Act (from HB 2590 and related bills) defines independent contractors via a three-of-nine factors test, including contract acknowledgment, business ownership, multiple clients, and investment in tools—aimed at gig platforms like rideshare or delivery services.​
This preempts local rules and applies narrowly to unemployment, workers’ comp, wage payment, and human rights laws, preserving federal FLSA/IRS standards (e.g., behavioral control, financial risk).
Gig workers lose employee protections like minimum wage or overtime but gain flexibility; misclassification risks backpay claims.​
2026 Developments
Governor Morrisey’s “Workforce Readiness and Opportunity Act” pushes voluntary portable benefits for 90,000+ freelancers, allowing access to health/retirement coverage without reclassifying as employees—making WV a pioneer.​
No ABC test (stricter employee presumption) like California; at-will employment dominates, but 2021 reforms addressed gig uncertainty post-pandemic.​
Employee vs. Contractor Comparison
This pro-business framework supports gig growth while eyeing worker security innovations.
