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August 14, 2025
With House Bill 3080, the West Virginia Legislature amended the Code of West Virginia to provide that, under certain circumstances, an employer may grant preference in hiring to a military spouse without violating the state’s anti-discriminations laws. The amendment became effective on July 9, 2025.
For purposes of the amendment, the term “military spouse” means the husband or wife of a member of the Armed Forces who, as determined by the United States Secretary of Defense, is performing active duty pursuant to orders that authorize a permanent change of station move, if such husband or wife relocates to the member’s new permanent duty station.
The preference in hiring is permitted, provided that the military spouse meets all of the knowledge, skills, and eligibility requirements of the job.
The hiring preference for military spouses is in addition to the hiring preferences permitted for veterans or disabled veterans who have been honorably discharged from the United States Armed Forces.
With Senate Bill 427, the West Virginia Legislature amended the Code of West Virginia as it relates to child labor. The amendment became effective on July 11, 2025.
Now, 14- and 15-year-olds no longer need to obtain work permits as a condition of employment. Prior to employing 14- or 15-year-olds, however, employers will have to obtain parental or other consent and an age certificate.
Employers must keep on file an age certificate issued by the State Commissioner of Labor. The Commissioner will issue such certificates only upon obtaining proof of age of the child in the form of a birth certificate. The age certificate will identify the child’s full name and date and place of birth, along with the name and address of the child’s parent(s), guardian(s), or custodian(s). The age certificate also will certify that the child has submitted for review proof of age, school attendance, prospective employment, brief description of job, parental or other consent, and applicable work hours, with such work hours printed on the age certificate.
Violators of this law will be guilty of a misdemeanor and, upon conviction, will be fined not less than $50 nor more than $200 for a first offense. Second or subsequent offenses will carry a fine of not less than $200 nor more than $1,000, or confinement in the county or regional jail for not more than six months, or both.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, West Virginia, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
