WEST virginia legislature

2026 regular session

Introduced

FISCAL NOTE

Senate Bill 1038

By Senators Helton, Oliverio, Barnhart, Barrett, Bartlett, Charnock, Clements, Deeds, Fuller, Grady, M. Maynard, Morris, Queen, Roberts, Rose, Rucker, Taylor, Willis, and Woodrum

[Introduced February 21, 2026; referred
to the Committee on the Workforce; and then to the Committee on Finance]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §5-5-4c, relating to a salary adjustment for administrative law judges employed in WorkForce West Virginia Board of Review.

Be it enacted by the Legislature of West Virginia:

 

ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.

§5-5-4c. WorkForce West Virginia Board of Review salary adjustment.

(a) Salary adjustment. – Notwithstanding any other provision to the contrary, the Legislature hereby directs that an across-the-board salary adjustment, in the amount of 15 percent, be provided to employees of WorkForce West Virginia Board of Review holding the positions of Administrative Law Judge 1 and Administrative Law Judge 2.

(b) Purpose. – The purpose of this salary adjustment is to ensure unemployment compensation hearings before WorkForce West Virginia Board of Review are conducted in a timely manner.

(c) Separate from other adjustments. – The salary adjustment under this section is separate and apart from and in addition to any other adjustments approved during the 2026 regular Session of the Legislature relative to the 2027 budget.

(d) Not subject to public employees grievance procedure. – Due to limits of funding, the results of the salary adjustment under this section shall not be subject to §6C-2-1 et seq. of this code.

(e) No private cause of action. – It is the specific intent of the Legislature that no private cause of action, either express or implied, shall arise pursuant to the provisions or implementation of this section.

 

NOTE: The purpose of this bill is to provide a 15 percent salary adjustment to Administrative Law Judge 1 and Administrative Law Judge 2 positions in WorkForce West Virginia Board of Review.

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