How does West Virginia classify freelancers?

West Virginia uses the IRS-style common-law right-to-control test.

Are restrictive covenants enforceable against West Virginia freelancers?

Yes, when reasonable in scope, duration, and geography.

Freelance Contract for West Virginia

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West Virginia legal context

West Virginia applies the IRS-style common-law right-to-control test for classification. West Virginia evaluates restrictive covenants under common-law reasonableness — protectable interest, duration, and geography. The West Virginia UTSA (W. Va. Code §§ 47-22-1 et seq.) protects trade secrets shared during engagement.

Key WV statutes

Worker Classification (Common Law)
W. Va. common law
IRS-style right-to-control test.
West Virginia Uniform Trade Secrets Act
W. Va. Code §§ 47-22-1 to 47-22-10
UTSA-style trade secret framework.

West Virginia-specific considerations

Right-to-Control Test
Multi-factor classification analysis.
Common-Law Reasonableness
Covenants reviewed for protectable interest, duration, and geography.
Partial Enforcement
West Virginia courts may modify overbroad covenants.