WEST virginia legislature

2020 regular session

Introduced

House Bill 4909

By Delegate Hornbuckle
By Request

[Introduced February 11, 2020; Referred to the Committee on Industry and Labor then the Judiciary]

A BILL to amend and reenact §21-3-11 of the Code of West Virginia, 1931, as amended, relating to requiring seats to be provided for employees.

Be it enacted by the Legislature of West Virginia:

ARTICLE 3. SAFETY AND WELFARE OF EMPLOYEES.

§21-3-11. Seats for female all employees.

Every All working employees who are employed by any person, firm or corporation employing females in any factory, mercantile establishment, mill or workshop in this state shall provide be provided a reasonable and adequate number of suitable seats for the use of such female the employees, and shall permit be permitted the use of such the seats by them when they are not necessarily engaged in active duties for which they are employed, and shall permit the use of such the seats at all times when such the use would not actually and necessarily interfere with the proper discharge of the duties of such the employees, and, where practicable, such the seats shall be made permanent fixtures and may be so constructed or adjusted that, when not in use, they will not obstruct such female employee the employees when engaged in the performance of her their duties.

NOTE: The purpose of this bill is to require employers to provide seating for all employees to use when the use of seating would not interfere with the employee’s performance of his or her duties.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.