Waivers and exceptions
The meal break is required only where employees do not get necessary breaks or are not allowed to eat lunch while working. Source: code.wvlegislature.gov↗ (opens in a new tab)
Penalties
The Division of Labor's Wage and Hour Section enforces meal break rules. Source: labor.wv.gov↗ (opens in a new tab)
The law and where to check
The law: W. Va. Code § 21-3-10a (opens in a new tab)
The agency: West Virginia Division of Labor, Wage and Hour Section (opens in a new tab)
What federal law says
Federal law does not require meal or rest breaks. If you give short breaks (about 5 to 20 minutes), they must be paid. Meal periods of 30 minutes or more can be unpaid if the employee is fully relieved of duty. Nursing employees get reasonable break time under the federal PUMP Act. Source: U.S. Department of Labor↗ (opens in a new tab) Source: U.S. DOL — PUMP Act↗ (opens in a new tab)
Meal and rest breaks checklist for West Virginia employers
A simple order of work, based on the rules above. It is not a legal checklist.
- Check which of your staff the break rules above cover, including minors.
- Build required meal and rest breaks into your schedules.
- Decide which breaks are paid and record them correctly in your timekeeping.
- Set up a private, non-bathroom space for nursing employees.
- Put your break policy in writing and share it with staff.
- Keep time records that show breaks were taken.
More West Virginia employment law guides
- All West Virginia employment laws
- West Virginia final paycheck law
- West Virginia paid sick leave law
- West Virginia overtime law
- West Virginia pay frequency law
- West Virginia vacation and PTO payout law
- West Virginia new hire reporting
- West Virginia at-will exceptions
Meal and rest breaks laws in other states
See every state on one page, or pick a state:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Sources
All official government sources, last checked October 19, 2026.
Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.
Last checked: . Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.