West Virginia Approves Portable Benefits For Gig Workers

West Virginia Gov. Patrick Morrissey has signed House Bill 4009, the Portable Benefit Account Act, which will give gig workers the opportunity to receive benefits like traditional workers without sacrificing their independent status. 

In 2023, Libertas Institute led Utah to become the first state in the nation to legalize Portable Benefits Accounts. These plans often offer health insurance, but they could also include disability insurance, income replacement, dental insurance, automotive insurance, and more.

“Libertas Institute is thrilled to see the legalization of portable benefits for independent contractors in West Virginia. Sponsored by Delegates Jonathan Kyle, Senator Patricia Rucker, and Majority Leader Patrick Martin, this bill is a landmark step forward for the more than 95,000 independent workers in West Virginia,” said Justan Rice, Libertas Institute Director of State Government Affairs. “Now platforms and hiring parties are allowed to make voluntary contributions to portable benefit accounts owned by independent contractors, funding health coverage, retirement savings, disability protection, and emergency income replacement without triggering reclassification as an employer.”

West Virginia is the sixth state to adopt the Libertas Institute’s model, a national example of modernizing worker protections without mandates or burdens on business.

Now, the benefit gap that has long forced West Virginia’s independent workforce to choose between flexibility and financial security gets a real, market-driven answer.

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Justan Rice

Justan A. Rice is the former Director of State Government Affairs at the Libertas Institute.

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