SENATE
HOUSE
JOINT
BILL STATUS
WV CODE
REPORTS
EDUCATIONAL
CONTACT
home
home

West Virginia Code

Search

Chapter 21     Entire Code


ARTICLE 1. DIVISION OF LABOR.

ARTICLE 1A. LABOR-MANAGEMENT RELATIONS ACT FOR THE PRIVATE SECTOR.

ARTICLE 1B. VERIFYING LEGAL EMPLOYMENT STATUS OF WORKERS.

ARTICLE 1C. WEST VIRGINIA JOBS ACT.

ARTICLE 1D. WEST VIRGINIA ALCOHOL AND DRUG-FREE WORKPLACE ACT.

ARTICLE 1E. CAREER TRAINING EDUCATION AND APPRENTICESHIPS.

ARTICLE 2. EMPLOYMENT AGENCIES.

ARTICLE 3. SAFETY AND WELFARE OF EMPLOYEES.

ARTICLE 3A. OCCUPATIONAL SAFETY AND HEALTH ACT.

ARTICLE 3B. EMPLOYER ASSISTANCE FOR ENVIRONMENTAL PROTECTION.

ARTICLE 3C. ELEVATOR SAFETY.

ARTICLE 3D. CRANE OPERATOR CERTIFICATION ACT.

ARTICLE 3E. THE WEST VIRGINIA SAFER WORKPLACE ACT.

ARTICLE 4. HOURS OF LABOR.

ARTICLE 5. WAGE PAYMENT AND COLLECTION.

ARTICLE 5A. WAGES FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS.

ARTICLE 5B. EQUAL PAY FOR EQUAL WORK.

ARTICLE 5C. MINIMUM WAGE AND MAXIMUM HOURS STANDARDS FOR EMPLOYEES.

ARTICLE 5D. THE PARENTAL LEAVE ACT.

ARTICLE 5E. EQUAL PAY FOR EQUAL WORK FOR STATE EMPLOYEES.

ARTICLE 5F. NURSE OVERTIME AND PATIENT SAFETY ACT.

ARTICLE 5G. WEST VIRGINIA WORKPLACE FREEDOM ACT.

ARTICLE 6. CHILD LABOR.

ARTICLE 7. INDUSTRIAL HOMEWORK.

ARTICLE 8. WEST VIRGINIA COMMISSION ON MANPOWER, TECHNOLOGY AND TRAINING.

ARTICLE 9. MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS.

ARTICLE 10. AMUSEMENT RIDES AND AMUSEMENT ATTRACTIONS SAFETY ACT.

ARTICLE 11. WEST VIRGINIA CONTRACTOR LICENSING ACT.

ARTICLE 11A. NOTICE AND OPPORTUNITY TO CURE CONSTRUCTION DEFECTS.

ARTICLE 12. COMMERCIAL BUNGEE JUMPING SAFETY ACT.

ARTICLE 13. CONVENIENCE FOOD STORES SAFETY ACT.

ARTICLE 14. SUPERVISION OF PLUMBING WORK.

ARTICLE 15. ZIPLINE AND CANOPY TOUR RESPONSIBILITY ACT.

ARTICLE 16. REGULATION OF HEATING, VENTILATING AND COOLING WORK.

ARTICLE 5H. EMPLOYEE PERSONAL SOCIAL MEDIA.

§21-5H-1. Employer access to employee or potential employee personal accounts prohibited.

(a) An employer shall not do any of the following:

(1) Request, require or coerce an employee or a potential employee to disclose a username and password, password or any other authentication information that allows access to the employee or potential employee's personal account;

(2) Request, require or coerce an employee or a potential employee to access the employee or the potential employee’s personal account in the presence of the employer; or

(3) Compel an employee or potential employee to add the employer or an employment agency to their list of contacts that enable the contacts to access a personal account.

(b) Nothing in this section prevents an employer from:

(1) Accessing information about an employee or potential employee that is publicly available;

(2) Complying with applicable laws, rules or regulations;

(3) Requiring an employee to disclose a username or password or similar authentication information for the purpose of accessing:

(A) An employer-issued electronic device; or

(B) An account or service provided by the employer, obtained by virtue of the employee's employment relationship with the employer, or used for the employer's business purposes;

(4) Conducting an investigation or requiring an employee to cooperate in an investigation. The employer may require an employee to share the content that has been reported to make a factual determination, if the employer has specific information about an unauthorized transfer of the employer's proprietary information, confidential information or financial data, to an employee's personal account;

(5) Prohibiting an employee or potential employee from using a personal account during employment hours, while on employer time or for business purposes; or

(6) Requesting an employee to share specific content regarding a personal account for the purposes of ensuring compliance with applicable laws, regulatory requirements or prohibitions against work-related employee misconduct.

(c) If an employer inadvertently receives the username, password or any other authentication information that would enable the employer to gain access to the employee or potential employee's personal account through the use of an otherwise lawful technology that monitors the employer's network or employer-provided electronic devices for network security or data confidentiality purposes, then the employer is not liable for having that information, unless the employer:

(1) Uses that information, or enables a third party to use that information, to access the employee or potential employee's personal account;

(2) After the employer becomes aware that that information was received, does not delete the information as soon as is reasonably practicable, unless that information is being retained by the employer in connection with an ongoing investigation of an actual or suspected breach of the computer, network or data security.  Where an employer knows or, through reasonable efforts, should be aware that its network monitoring technology is likely inadvertently to receive such information, the employer shall make reasonable efforts to secure that information.

(d) Nothing in this section diminishes the authority and obligation of an employer to investigate complaints, allegations or the occurrence of sexual, racial, or other harassment as provided in this code.

(e) As used in this section, "personal account" means an account, service or profile on a social networking website that is used by an employee or potential employee exclusively for personal communications unrelated to any business purposes of the employer.

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2019 West Virginia Legislature *