Senate 1038

WEST virginia legislature

2026 regular session

Committee Substitute

for

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

[Reported February 23, 2026, from the Committee on the Workforce]

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 certain administrative law judges employed by the Unemployment Compensation Board of Review.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.

§5-5-4c. Unemployment compensation board of review salary adjustment.

(a) The Legislature hereby directs that an across-the-board salary adjustment, in the amount of 15 percent over the salary levels in effect as of the effective date of this section, be provided to employees of the unemployment compensation board of review created pursuant to §21A-4-1 et seq. of this code who hold the positions of Administrative Law Judge 1 or Administrative Law Judge 2.

(b) The purpose of this salary adjustment is to ensure that unemployment compensation hearings before board of review are conducted in a timely manner.

(c) The salary adjustment provided for under this section is separate and apart from, and shall be in addition to, any other salary adjustments approved during the 2026 Regular Session of the Legislature relative to the fiscal year 2027 budget.

(d) Due to the limits of funding, the implementation of the salary adjustment provided for under this section shall not be subject to the provisions of §6C-2-1 et seq. of this code. 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.

(e) The provisions of this section shall be effective from passage.

NOTE: The purpose of this bill is to provide a 15 percent salary adjustment to employees of the unemployment compensation board of review who hold the positions of Administrative Law Judge 1 and Administrative Law Judge 2.

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