West Virginia Independent Contractors laws & HR compliance analysis

West Virginia Independent Contractors: What you need to know

Whether a worker is an “employee” or an “independent contractor” is critical when it comes to such important issues as pension eligibility, workers' compensation coverage, wage and hour law, and many other matters. In some situations, federal law will govern, but the question is most often resolved by looking to state law, particularly in areas such as unemployment tax liability, workers' compensation, and state wage and hour requirements.
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All individuals performing services for compensation paid by an employer are presumed to be employees and required to be covered by a West Virginia workers' compensation insurance policy unless and until it is shown that the worker is an independent contractor. The burden of proving that an individual is an independent contractor is, at all times, on the party asserting independent contractor status (WV Admin. Code Sec. 85-8-6).
For workers who are working in a hazardous industry, the following criteria must be met to be an independent contractor:
• The individual holds himself or herself out to be in business for himself or herself by having a license, permit, or other certification required by federal, state, and or local authorities for individuals engaging in the type of work that is being performed
• The individual has entered into, or regularly enters into, verbal or written contracts with the persons and or entities for whom the work is being performed, which have terms and conditions consistent with the other criteria for being an independent contractor;
• The individual has the right, pursuant to written contractual provisions entered into with the persons and or entities for whom the work is being performed, to ...

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