West Virginia Meal & Rest Break Laws & Penalty Pay
Statutory 30-minute off-duty meal period thresholds, paid 10-minute rest breaks, 1-hour penalty pay rules, and lactation accommodations under W. Va. Code § 21-5C-2.
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Meal & Rest Period Requirements in West Virginia
Under statutory labor standards in West Virginia, break requirements are governed by W. Va. Code § 21-5C-2 and FLSA rules.
Meal Period Rule
No mandatory state meal break for adults unless specified by employment contract.
Rest Period Rule
Under FLSA 29 CFR § 785.18, short rest periods (5 to 20 mins) provided by employers must be counted as paid work time.
Statutory Break Penalties & Employer Liability
Statutory rules regarding break violations and employer liability in West Virginia:
- ⚠️ Statutory Penalty Pay: Violations of employer-agreed break schedules or failure to pay for rest breaks under FLSA 29 CFR § 785.18 constitute wage theft liable for back wages.
- ✓ On-Duty Meal Agreements: Permitted only in designated circumstances where duty nature prevents an off-duty break, requiring paid time.
- ✓ Lactation Accommodations: Reasonable break time and private, non-restroom spaces must be provided for nursing mothers under federal PUMP Act & state laws.
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