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Employers should keep in mind that, because the hired party is not an independent contractor, they will be obligated to withhold payroll taxes, maintain employment records, and otherwise abide by West Virginia’s labor and employment laws.
Contents |
Types (2)
Independent Contractor Agreement – Used to form a working relationship between an independent contractor and a client.
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Subcontractor Agreement – Defines the rights and duties of a subcontractor who agrees to work for a general contractor.
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Laws
- Labor Statutes: W. Va. Code – Chapter 21
- Definition of Employee: W. Va. Code § 21-1A-2(a)(3)
- Minimum Wage: $8.75/hr (W. Va. Code § 21-5C-2(a)(5))
- Overtime: One and a half (1.5) times the employee’s standard wage (W. Va. Code § 21-5C-3(a)).
- Record Keeping:
- Employers with six (6) or more employees at one location must keep payroll and employment records for five (5) years, unless 80% or more of the employees are covered by the FLSA (W. Va. Code St. R. § 42-5-5).
- All employers must keep payroll and employment records for two (2) years (W. Va. Code § 21-1B-4).
At-Will Employment
Permitted? Yes, at-will employment is permitted in West Virginia. This means that an employer can terminate an at-will employee with or without cause, provided that the reason for termination is legal. Among other instances, an at-will employee cannot be terminated for:
- Discriminatory reasons (e.g., race, gender, religion);
- Refusing to commit a crime;
- Serving on a jury;
- Taking time off to vote;
- Whistleblowing.