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SB 1038

Adjusting salaries for certain administrative law judges

2026 Regular Session Introduced by Trenton Barnhart and 17 co-sponsors

SB 1038 grants a targeted 15%, across-the-board pay raise for ALJ 1 and ALJ 2 at WorkForce West Virginia Board of Review to improve timely unemployment hearings.

Chapter 90, Acts, Regular Session, 2026
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Bill Summary · SB 1038

Overview

Senate Bill 1038 (SB 1038), introduced in the 2026 regular session of the West Virginia Legislature, seeks to adjust salaries for specific administrative law judges within WorkForce West Virginia Board of Review (WFW-BOR). The bill directs an across-the-board 15% salary increase for two specified job titles and clarifies processing, funding, and legal interaction aspects.

Main purpose and intent

  • To ensure timely unemployment compensation hearings by improving compensation for certain administrative law judges (ALJ 1 and ALJ 2) employed by the WorkForce West Virginia Board of Review.
  • To provide a targeted, separate salary increase beyond other 2026 budget adjustments.

Key provisions

  • Salary adjustment: An across-the-board 15% salary increase specifically for:
    • Administrative Law Judge 1 (ALJ 1)
    • Administrative Law Judge 2 (ALJ 2)
  • Scope and purpose: The adjustment is explicitly intended to facilitate timely unemployment hearings before the WFW-BOR.
  • Separate funding: The 15% increase is treated as separate from any other salary adjustments approved during the 2026 regular session related to the 2027 budget.
  • Not subject to grievance procedure: Due to funding limits, the adjustment is not subject to the public employees grievance procedure under West Virginia law.
  • No private right of action: The bill states there shall be no private cause of action arising from the provisions or implementation of this section.

Who would be affected

  • Employees of WorkForce West Virginia Board of Review holding:
    • Administrative Law Judge 1
    • Administrative Law Judge 2
  • The broader WFW-BOR operations related to unemployment compensation hearings would indirectly be affected by the potential for improved efficiency and timeliness.

Procedural and timeline aspects

  • Enactment path: The bill passed through its usual legislative channels and was enacted in early 2026.
  • Effective context: The salary adjustment is described as separate from other 2026 budget adjustments, indicating it would take effect in conjunction with the 2027 budget framework (as part of the 2026 legislative session actions).
  • Post-passage notes: The bill includes standard disclaimers about funding constraints and the lack of a private right of action or grievance remedy for the adjustment.

Summary

SB 1038 proposes a targeted 15% across-the-board pay raise for two levels of administrative law judges (ALJ 1 and ALJ 2) within the WorkForce West Virginia Board of Review. The aim is to improve efficiency and timeliness of unemployment compensation hearings. The provision is funded separately from other 2026 budget adjustments, is not subject to the public employees grievance procedure due to funding limits, and explicitly disclaims any private legal remedy arising from the adjustment. The measure reflects a focused workforce pay policy aimed at enhancing administrative efficiency in unemployment benefits adjudication.

Compiled from official sources — confirm details with the bill’s official record.

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