West Virginia Break Laws (2026)
Last updated: 2026-10-07 · Checked against the statute text and state agency guidance · Meal break required
| Adult meal break | 20 min if 6+ h |
|---|---|
| Adult rest break | Not required (short breaks you give must be paid) |
| Minors | Under 16: 30 min after 5 continuous h |
| Lactation | Federal PUMP Act only |
| Enforcing agency | West Virginia Division of Labor, Wage and Hour Section |
West Virginia break scheduler
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West Virginia · Adult (18+) · 8:00 AM–6:00 PM
On site 10 h · hours worked 9 h 40 min (unpaid meal time excluded)
Required only where employees aren't otherwise given necessary breaks or allowed to eat while working. A 20-minute break is generally paid time under federal law unless it's a bona fide, fully relieved meal.
- Meal break 1 · 20 min · unpaid if fully relievedSuggested: 12:45 PM
Shift with at least 6 hours of work.
Scheduling aid, not legal advice. Industry wage orders, union contracts and employer-specific exemptions can change the rules — see the West Virginia break law page for citations.
West Virginia meal break law
'During the course of a workday of six or more hours, all employers shall make available for each of their employees, at least twenty minutes for meal breaks, at times reasonably designated by the employer.' Required where employees are not afforded necessary breaks and/or permitted to eat lunch while working.
- Who's covered
- All employers, but only 'in all situations where employees are not afforded necessary breaks and/or permitted to eat lunch while working.'
- Paid or unpaid
- Not addressed; federal rule applies (note a 20-minute break is at the boundary of the federal 'short rest break' range and is generally compensable unless it is a bona fide meal period with complete relief from duty).
- Exemptions
- Not required where employees are afforded necessary breaks and/or permitted to eat lunch while working.
Source: W. Va. Code §21-3-10a
West Virginia rest break law
No state rest-break requirement for adult private-sector employees. Federal rule: short breaks (about 5-20 minutes), if given, must be paid (29 CFR 785.18).
Breaks for minors in West Virginia
No child under 16 employed under the child labor article shall work 'more than five hours continuously without an interval of at least thirty minutes for a lunch period.' Does not apply to children under 16 performing the jobs listed in §21-6-1 (exempt occupations).
Source: W. Va. Code §21-6-7(a)(7)
Lactation breaks in West Virginia
No state workplace lactation-break law for private employers; federal PUMP Act applies.
Federal floor (PUMP Act): reasonable break time and a private space that isn't a bathroom for one year after birth, for nearly all employees; unpaid unless the employee isn't fully relieved of duty. Employers with fewer than 50 employees may be exempt only if compliance would cause undue hardship.
Source: None (29 U.S.C. 218d applies)
Frequently asked questions
Are breaks required by law in West Virginia?
At least 20 minutes for meal breaks in workdays of 6+ hours, at times the employer designates — where employees don't otherwise get breaks or can't eat while working. Under 16: 30 minutes after 5 hours. Federal law requires no breaks, but short breaks that are given must be paid and unpaid meal periods must be duty-free.
How many breaks do you get for an 8-hour shift in West Virginia?
For an 8:00 a.m.–4:30 p.m. shift (8 hours worked plus an unpaid meal), West Virginia requires 1 meal period for adult employees. Required only where employees aren't otherwise given necessary breaks or allowed to eat while working. A 20-minute break is generally paid time under federal law unless it's a bona fide, fully relieved meal.
Do minors get breaks in West Virginia?
No child under 16 employed under the child labor article shall work 'more than five hours continuously without an interval of at least thirty minutes for a lunch period.' Does not apply to children under 16 performing the jobs listed in §21-6-1 (exempt occupations).
Are lactation breaks required in West Virginia?
West Virginia has no state lactation-break law, so the federal PUMP Act applies: reasonable break time (unpaid unless the employee isn't fully relieved of duty) and a private space that isn't a bathroom, for one year after birth.
Official West Virginia sources
Figures checked against these sources on 2026-10-07Compare
Also “Meal break required”: Connecticut, Delaware, Illinois, Maine, Massachusetts, New Hampshire, New York, North Dakota, Rhode Island, Tennessee, Vermont
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General information, not legal advice. Industry rules, union contracts and agency exemptions can change these requirements. Confirm with West Virginia Division of Labor, Wage and Hour Section.