West Virginia: Legislative Updates

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Quick Look

  • Employers no longer need work permits from the superintendent of schools for 14 and 15-year-old workers. Instead, employers must obtain written parental consent and an age certificate from the state Commissioner of Labor.
  • Employers are authorized to extend a voluntary hiring preference for military spouses.

Discussion

Elimination of Work Permits for 14 and 15-Year-Old Workers

 

As of July 11, 2025, SB 427 allows employers in West Virginia to hire 14 and 15-year-old minors without a traditional work permit from the minor’s superintendent of schools. Although the law eliminates the previous permit requirement, it replaces it with new documentation obligations aimed at maintaining oversight and youth worker protections.

 

Now, employers must obtain and retain written parental consent and an age certificate issued by the West Virginia Commissioner of Labor, which includes key information such as proof of age, school verification, and a job description. Both documents must be kept on file and made available upon request by enforcement officers. Employers must still adhere to all federal child labor laws, applying the stricter standard where discrepancies arise. Noncompliance may result in misdemeanor charges, fines between $50 and $1,000, and potential jail time for repeat violations.

 

Voluntary Hiring Preferences for Veterans and Military Spouses

 

As of July 9, 2025, HB 3083 permits West Virginia employers to voluntarily give hiring preference to military spouses without violating the West Virginia Human Rights Act. Employers previously had the option to extend this preference to veterans and disabled veterans. To apply this preference, employers must ensure that the candidate meets all required qualifications for the role, including relevant knowledge, skills, and eligibility criteria. A “military spouse” is defined as the husband or wife of an active-duty service member who has relocated under permanent change of station (PCS) orders. Employers who follow the statute’s conditions are shielded from discrimination claims related to this hiring preference.

 

Action Items

  1. Update hiring policies and forms for minor employees.
  2. Have appropriate personnel trained on voluntary hiring preferences.

 

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase