West Virginia Division of Labor
Acting Commissioner John R. Junkins

 

West Virginia Division of Labor Wage & Hour

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Break Requirements

In the past, employers in WV did not always allow workers a chance to eat lunch or to take a break from their daily work routine.

In 1994, the State Legislature approved and enacted Article 3. Safety and Welfare of Employees, (21-3-10a Meal Breaks). This section of the WV State Code states that “During the course of a workday of six or more hours, all employers shall make available at least twenty minutes for meal breaks, at times reasonably designated by the employer. This provision shall be required in all situations where employees are not afforded necessary breaks and/or permitted to eat while working.”

Title 42, Series 8 states under the Minimum Wage and Maximum hour standards (42-5-2. Definitions, 2.6), states that “Rest periods of short duration, running from (5) to (20) minutes, must be counted as hours worked.” Additionally, Title 42, Series 5 of the Wage Payment and Collection Act, states that …”when authorized by an employer, break periods and or rest periods which do not exceed (20) minutes duration must be counted as hours worked.”

Article 6, Child Labor Law (21-6-7) states that “No child under the age of sixteen years shall be employed or permitted to work for more than five hours continuously without an interval of at least thirty minutes for a lunch period, and no period of less than thirty minutes shall, for the purposes of this section, be deemed to interrupt a continuous period of work.

WV Meal Requirements Law

 

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