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Breaks and meal periods - West Virginia

RegSenseState InfoWest VirginiaWage and HourBreaks and Meal PeriodsAssociate Benefits & CompensationBest ResultsEnglishFocus AreaHuman Resources

Summary of differences between federal and state regulations

Breaks

Federal law does not require that employers provide rest periods or coffee/snack breaks.  However, when employers do offer short breaks, usually lasting between five to 20 minutes, the breaks must be considered work time and employees are paid for the time.

Break times or rest times that do not exceed twenty minutes must be counted as hours worked.

Meal periods

Federal law does not require that employers provide meal periods.  Bona fide meal periods, which typically last between 30 and 60 minutes, serve a different purpose than a break.  During meal periods, the employee must be completely relieved from duty.  Bona fide meal periods are not considered work time and are not compensable.  If an employee is not totally relieved of job duties during the time he or she is eating a meal, then the employee must be paid for that time.

West Virginia employees are entitled to at least 20 minutes for a meal breaks at times designated by the employer.  This is for situations where employees are not able to take breaks or to eat lunch while working.

State

Contact

West Virginia Division of Labor

Regulations

Title 42, Legislative Rules, Division of Labor, Series 5, Wage Payment and Collection Act

§42-5-2.6.  "Break Periods and/or Rest Periods" means when authorized by an employer, break periods and/or rest periods which do not exceed twenty (20) minutes duration must be counted as hours worked.

West Virginia Code, Chapter 21, Labor 

§21-3-10a. Meal breaks.  During the course of a workday of six or more hours, all employers shall make available for each of their employees, 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 lunch while working.

Federal

Contact

The US Department of Labor is the federal agency that monitors hours worked.

Regulations

U.S. labor regulations for hours worked can be found in CFR 29: Part 785 Rest Periods and Meal Periods.

['Wage and Hour']
['Breaks and Meal Periods']
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