West Virginia Code
1 - DIVISION OF LABOR
1A - LABOR-MANAGEMENT RELATIONS ACT
1B - VERIFYING LEGAL EMPLOYMENT STA
1C - WEST VIRGINIA JOBS ACT
1D - WEST VIRGINIA ALCOHOL AND DRUG
2 - EMPLOYMENT AGENCIES
3 - SAFETY AND WELFARE OF EMPLOYEES
3A - OCCUPATIONAL SAFETY AND HEALTH
3B - EMPLOYER ASSISTANCE FOR ENVIRO
3C - ELEVATOR SAFETY
3D - CRANE OPERATOR CERTIFICATION A
3E - THE WEST VIRGINIA SAFER WORKPL
4 - HOURS OF LABOR
5 - WAGE PAYMENT AND COLLECTION
5A - WAGES FOR CONSTRUCTION OF PUBL
5B - EQUAL PAY FOR EQUAL WORK
5C - MINIMUM WAGE AND MAXIMUM HOURS
5D - THE PARENTAL LEAVE ACT
5E - EQUAL PAY FOR EQUAL WORK FOR S
5F - NURSE OVERTIME AND PATIENT SAF
5G - WEST VIRGINIA WORKPLACE FREEDO
21 - 5 G- 1
21 - 5 G- 2
21 - 5 G- 3
21 - 5 G- 4
21 - 5 G- 5
21 - 5 G- 6
21 - 5 G- 7
5H - EMPLOYEE PERSONAL SOCIAL MEDIA
6 - CHILD LABOR
7 - INDUSTRIAL HOMEWORK
8 - WEST VIRGINIA COMMISSION ON MAN
9 - MANUFACTURED HOUSING CONSTRUCTI
10 - AMUSEMENT RIDES AND AMUSEMENT
11 - WEST VIRGINIA CONTRACTOR LICE
11A - NOTICE AND OPPORTUNITY TO CU
12 - COMMERCIAL BUNGEE JUMPING SAF
13 - CONVENIENCE FOOD STORES SAFET
14 - SUPERVISION OF PLUMBING WORK
15 - ZIPLINE AND CANOPY TOUR RESPO
16 - REGULATION OF HEATING, VENTIL
CHAPTER 21. LABOR
ARTICLE 5G. WEST VIRGINIA WORKPLACE FREEDOM ACT.
As used in this article:
(1) The term “person” means any individual, proprietorship, partnership, firm, association, corporation, labor organization or any other legal entity.
(2) The term “labor organization” means any organization, agency, union or employee representation committee of any kind that exists, in whole or in part, to assist employees in negotiating with employers concerning grievances, labor disputes, wages, rates of pay or other terms or conditions of employment.
(3) The term “employer” means any person employing at least one individual in the state or any agent of an employer employing at least one individual in the state.
A person may not be required, as a condition or continuation of employment, to:
(1) Become or remain a member of a labor organization;
(2) Pay any dues, fees, assessments or other similar charges, however denominated, of any kind or amount to any labor organization; or
(3) Pay any charity or third party, in lieu of those payments, any amount that is equivalent to or a pro rata portion of dues, fees, assessments or other charges required of members of a labor organization.
§21-5G-3. Contracting for exclusion from employment because of affiliation or nonaffiliation with a labor organization.
Any agreement, contract, understanding or practice, either written or oral, implied or expressed, between any labor organization and an employer or public body which provides for the exclusion from employment of any person because of membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor organization or employee organization of any kind is hereby declared to be unlawful, null and void, and of no legal effect.
Any person who knowingly requires another person, as a condition or continuation of employment, to perform any of the conduct enumerated in section two of this article, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $5,000.
Any person injured as a result of any violation or threatened violation of this article shall have a cause of action, and, if proven in a court of competent jurisdiction, may be entitled to the following relief against a person or persons violating or threatening to violate this article:
(1) Compensatory damages;
(2) Costs and reasonable attorney fees, which shall be awarded if the injured person substantially prevails;
(3) Punitive damages in accordance with the provisions of section twenty-nine, article seven, chapter fifty-five of this code;
(4) Preliminary and permanent injunctive relief; and
(5) Any other appropriate equitable relief.
This article does not apply:
(1) To any employee or employer covered by the federal Railway Labor Act, 45 U. S. C. §151, et seq.;
(2) To any employee of the United States or a wholly owned corporation of the United States;
(3) To any employee who is employed on property over which the United States government has exclusive jurisdiction for purposes of labor relations; or
(4) Where the provisions of this article would otherwise conflict with, or be preempted by, federal law.
(a) Applicability. — This article applies to any written or oral contract or agreement entered into, modified, renewed or extended on or after July 1, 2016: Provided, That the provisions of this article do not otherwise apply to or abrogate a written or oral contract or agreement in effect on or before June 30, 2016.
(b) Severability. — If any provision of this article or the application of any such provision of this article to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of this article or the application of its provisions to persons or circumstances other than those to which it is held invalid is not affected thereby.