HR Compliance

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West Virginia Meal Break Requirements

active

West Virginia requires employers to provide a meal break of at least 20 minutes to employees who work shifts of 6 or more hours. The meal break may be unpaid if the employee is completely relieved of duties during the break period.

Jurisdiction
WV (state)
Law Type
Meal Breaks
Status
active
Citation
W. Va. Code § 21-3-10a
Effective Date
2012-06-08
Last Verified
2026-01-15
Record Updated
2026-01-15

Applicability

Employee Types
non-exempt
Age Groups
adult, 16-17, 14-15

Requirements

Meal Period
Trigger Hours
6
Duration Minutes
20
Timing
Must be provided during shifts of 6 or more hours.
Duty Free
Yes
Paid
No
Description
A 20-minute meal break must be provided to employees who work shifts of 6 or more hours. The break may be unpaid if the employee is completely relieved of all duties.
Exemptions
Description
Exemptions may apply based on the nature of the work or if the employer and employee agree to a different arrangement that still provides an opportunity to eat.

Penalties

Employers who fail to provide required meal breaks may be subject to enforcement action by the West Virginia Division of Labor.

Notes

West Virginia's 20-minute meal break requirement is shorter than the more common 30-minute standard found in most states with meal break laws. The 6-hour trigger is consistent with many other states.

Sources