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Meal and Rest Break Laws in West Virginia

West Virginia requires at least 20 minutes for meal breaks in a workday of 6 or more hours where employees do not get necessary breaks or cannot eat while working, but does not require rest breaks.

Last checked . General information, not legal advice.

West Virginia at a glance

Meal break required
Yes
Applies where employees are not given necessary breaks or are not allowed to eat lunch while working.
Meal break rule
At least 20 minutes in a workday of 6 or more hours
Required where employees are not afforded necessary breaks or are not permitted to eat lunch while working.
Rest break required
No
Rest break rule
No state requirement for adults
Short breaks that an employer chooses to give are generally paid under federal rules.

Sources

Last checked

The rules in West Virginia

Does West Virginia law require meal breaks for adult employees?

Yes. Meal break required in West Virginia: yes. Applies where employees are not given necessary breaks or are not allowed to eat lunch while working.

How long is the required meal break in West Virginia, and when is it due?

Meal break rule in West Virginia: At least 20 minutes in a workday of 6 or more hours. Required where employees are not afforded necessary breaks or are not permitted to eat lunch while working.

Does West Virginia law require rest breaks for adult employees?

No. Rest break required in West Virginia: no.

How long are required rest breaks in West Virginia, and when are they due?

Rest break rule in West Virginia: No state requirement for adults. Short breaks that an employer chooses to give are generally paid under federal rules.

Where do the West Virginia meal and rest break laws come from?

The rules above come from W. Va. Code 21-3-10a. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Put the break schedule in writing, for example in an employee handbook, and apply it consistently. State rules often depend on shift length, so the policy should say when a break is due and how long it lasts.

Under federal rules, short rest breaks are generally counted as paid work time, while a bona fide meal period during which the employee is fully relieved of duty usually does not have to be paid. If an employee is asked to stay at the workstation or answer calls, the meal period may count as work time.

Check whether a state rule covers your industry and workforce. Break laws can treat minors, health care workers, nursing mothers or employees under a collective bargaining agreement differently, and city ordinances may add requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.