2022 West Virginia Labor & Employment Year End Review

• Jurisdiction: West Virginia,United States
• Law Firm: Lewis Brisbois Bisgaard & Smith LLP
• Subject Matter: Employment and HR, Discrimination, Disability & Sexual Harassment, Employment Litigation/ Tribunals, Employee Rights/ Labour Relations
• Author: Ms Tonya P. Shuler and Tim Gibson
• Published date: 23 January 2023

Charleston, W.Va. (January 19, 2023) - There were several important changes to labor and employment law in West Virginia in 2022. This alert reviews the key legislative and judicial developments that will impact employers in the Mountain State.

The Intermediate Court of Appeals

Looking generally at the legal landscape of the last year (and not just specifically at labor and employment law), the most significant change to West Virginia's legal system came from a bill passed in the 2021 legislative session that established the West Virginia Intermediate Court of Appeals. The Intermediate Court of Appeals creates an additional appellate level between the state's circuit courts and its highest court, the West Virginia Supreme Court of Appeals. The Intermediate Court of Appeals is made up of a panel of three judges who were appointed by Governor Jim Justice. Future judges on the court will be chosen by election with the first seat being up for election in 2024.

The Intermediate Court of Appeals will hear appeals in civil cases, guardianships and conservatorships, family court cases, cases from state agencies or administrative law judges, and appeals involving workers' compensation cases. Any appeal coming out of circuit court regarding employment matters will pass through the Intermediate Court of Appeals. In theory, this should make the court system more efficient and ease the crowded docket of West Virginia Supreme Court of Appeals.

Legislative Update

The 2022 West Virginia legislative session saw a number of changes in the laws for companies across the state. The main focus of the legislature seemed to be changes to the tax code, including several tax credits aimed at boosting economic development in West Virginia. Showing signs of moving past the COVID-19 pandemic, there was a noticeable lack of bills related to the coronavirus that either imposed restrictions or safeguards for employers.

Here are some of the highlights for employers from the 2022 legislative session that could affect how business is done in West Virginia heading into 2023.

SB 1 - Creating Mining Mutual Insurance Company

Coal mining used to be one of the dominant industries in the West Virginia, but shifts to alternative energy and stricter environmental regulatory policies has placed coal in decline. Senate Bill 1 is intended to provide relief to struggling coal companies while easing the burden on the state in reclamation projects by establishing the Mining Mutual Insurance Company. The...