West Virginia

Discussion

West Virginia: Gig Companies Can Contribute to Portable Benefits Accounts

Effective March 14, 2026, HB 4009 allows app-based delivery and rideshare companies to contribute to portable benefits accounts without jeopardizing the classification of their workers as independent contractors rather than employees. Once a contractor opens a portable benefits account, the app-based company may voluntarily contribute funds to cover health insurance, retirement benefits, life insurance, and income replacement insurance. Contributions may be withheld from a contractor’s compensation and deposited into the account, provided that: (1) the arrangement is expressly agreed to in writing; (2) required notice is provided; (3) participation is voluntary and opt-in; and (4) the contractor may opt out at any time.

 

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