2012 Legislative Session Update
Being an election year the Legislature most likely will not pass any controversial legislation this session with the exception of the Redistricting Bill and the Bill regulating the Marcellus Shale. The following Bills have been reintroduced from last year:
HB 3227 Providing a definition of sex for unlawful discriminatory practices: The terms “sex,” “because of sex” or “based on sex” includes, but is not limited to, pregnancy, childbirth or related medical conditions. Women affected by pregnancy, childbirth or related medical conditions shall be treated the same for all employment-related purposes as other persons not so affected but similar in their ability or inability to work.
HB 4040 WEST VIRGINIA EMPLOYEE FREEDOM OF CHOICE LAW: The purpose of this bill is to prohibit employers and labor unions from requiring employees to become or remain members of labor unions as a condition of employment.
SB 179 Wage Payment and Collections Act: The bill changes the 72 hour rule to require final payment of wages of discharged employees no later than seven working days from the discharge or at the next regular payday, whichever occurs first. Payment may be made through regular means or by mail.
SB 88 Creating Jobs Impact Statement Act: This bill would require a jobs impact statement to be completed by the West Virginia Development Office for certain proposed legislation which may impact both short-term and long-term jobs in this state.
HB 2390: Would allow all employees the right to review and copy the contents of their personnel file.
HB 2664 Verifying legal employment status of workers: This bill would require all employers in West Virginia to verify legal employment status of workers by requiring employers to register with and utilize the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Public Law 104-208, Division C, Section 403(a); 8 U.S.C. Section 1324a, and operated by the United States Department of Homeland Security, known as the E-Verify Program. The bill provides new definitions and also provides dates by which employers are to meet the verification requirements.
HB 3015THE HEALTHY AND SAFE WORKPLACE ACT: This bill creates a new cause of action to deter workplace bullying. This bill makes it an unlawful employment practice to subject an employee to an abusive work environment that exists when the defendant, acting with malice, subjects an employee to abusive conduct so severe that it causes tangible harm to the employee. Further, this bill makes it an unlawful employment practice to retaliate in any manner against an employee who has made a charge, testified, assisted or participated in any manner against an employee who has made a charge, testified, assisted or participated in any manner in an investigation or proceeding regarding bullying in the workplace.
SB 14: This bill would amend the Human Rights Act to prohibit discrimination based on Sexual Orientation. This bill won’t pass unless Congress amends Title VII of the Civil Rights Act to include Sexual Orientation as a protected class.
