West Virginia Meal and Rest Break Laws

Though the federal Fair Labor Standards Act (FLSA) does not mandate employers to provide meal or rest breaks, certain states make their own employee break laws, including West Virginia.

Do West Virginia Break Laws Differ From Federal Break Laws?

FLSA says that for a shift of any length, short breaks (e.g. to use the restroom) from 5 to 20 minutes must be paid. West Virginia state law requires a mandatory paid 20-minute break for shifts of 6 hours or more unless a meal break is already provided by individual company policy. The break is also not mandatory if the employee can eat while working. Employers are not required to provide this 20-minute break in one period; it may be divided into increments. 

Employers who provide a break of 30 minutes or more may consider it non-work time that does not require compensation.

West Virginia Break Laws for Minors

West Virginia law affords minors the same meal break laws as adults: one 20-minute paid break for shifts of 6 hours or more.

West Virginia Break Laws for Mothers

West Virginia does not have its own laws regarding mothers; however, the federal statute requires employers to provide nursing mothers with a private space with a door (other than a bathroom stall) for the purposes of pumping breast milk. Women may take paid “reasonable” breaks throughout the work day for up to one year after their child is born.

West Virginia Day of Rest Laws

There is no state law in West Virginia requiring one day of rest in seven. Federal law requires overtime pay of not less than time-and-a-half for hours worked over 40 in a week for employees 16 and older. A week is defined as any consecutive 7-day period.

West Virginia Break Room Requirements

There is no state law in West Virginia requiring employers to provide a dedicated break room space.

West Virginia Penalties for Breaking Rest and Break Laws

West Virginia law does not outline any penalties for breaking rest and break laws.

Common West Virginia Break Law FAQs

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

Your employer must provide one 20-minute paid break in a 6-hour shift.

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

Your employer must provide one 20-minute paid break in an 8-hour shift.

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

Your employer must provide one 20-minute paid break in a 12-hour shift.

Is it legal to work 7 days straight in West Virginia?

According to West Virginia state law, it is legal to work 7 days straight.

Can I waive my lunch break in West Virginia?

State law allows you to waive your paid 20-minute break.

West Virginia Division of Labor