Virginia Meal and Break Laws

There are no federal laws requiring employers to offer workers breaks. Some states have additional rules governing work breaks, including Virginia.

Do Virginia Break Laws Differ From Federal Break Laws?

Though the Federal Labor Standards Act (FLSA) does not require employers to offer meal breaks, the law says that short breaks of 5 to 20 minutes (such as to use the restroom) should be paid time. Virginia law allows meal breaks for minors only.

Virginia Meal Break Laws

There is no law in Virginia requiring employers to provide a dedicated meal break. Where breaks of 5 to 20 minutes are provided, they must be compensated according to FLSA.

Virginia Break Laws for Minors

Virginia law requires minors to receive a 30-minute break for every 5 hours of work.

Virginia Break Laws for Mothers

Breastfeeding mothers are permitted a reasonable break as many times as needed during the workday to pump breast milk. Workers are not required to use paid or unpaid breaks for pumping. The law also requires employers to provide a private space with a locking door (other than a bathroom). Ideally the mother will have access to a sink and a refrigerator, though an employee-provided cooler is also an option. These accommodations are valid for up to one year after the child’s birth, and apply to companies with 5 or more employees, and a possible exemption exists for workplaces of less than 50 employees if the employer can prove hardship.

Virginia Day of Rest Laws

Though Virginia once had a law giving employees 1 day off in 7, it was repealed in 2005. That law no longer exists.

Virginia Break Room Requirements

Virginia has no law requiring employers to provide a dedicated break room.

Virginia Penalties for Breaking Rest and Break Laws

Employees who feel the nursing mother laws are violated can file a complaint with the Virginia Division of Human Rights or file a civil action. Penalties to employers may include payment of legal and court costs, back pay, or other restitution.

Penalties for violating the child labor laws include a civil fine of between $500 and $2,500.

Common Virginia Break Law FAQs

How many breaks in a 6-hour shift in Virginia?

There are no required breaks in a 6-hour shift in Virginia for adults over 18.

How many breaks in an 8-hour shift in Virginia?

There are no required breaks in an 8-hour shift in Virginia for adults over 18.

How many breaks in a 12-hour shift in Virginia?

There are no required breaks in a 12-hour shift in Virginia for adults over 18.

Is it legal to work 7 days straight in Virginia?

It is legal to work 7 days straight in Virginia; however, FLSA dictates that you must be paid time-and-one-half for any hours worked over 40.

Can I waive my lunch break in Virginia?

If your employer provides a lunch break, waiving it is entirely at their discretion.

Virginia Department of Labor and Industry: DOLI