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.
30-Minute Meal Period Requirements in West Virginia
Under statutory labor laws in West Virginia, employees working shifts exceeding 5 consecutive hours are generally entitled to an uninterrupted, off-duty meal period of at least 30 minutes.
Off-Duty Meal Requirement
Employee must be completely relieved of all work duties during the 30-minute period.
Paid Rest Breaks (10 Mins)
Under FLSA 29 CFR § 785.18, short rest periods (5 to 20 mins) must be counted as paid work time.
Missed Break Penalty Pay & Employer Liability
If an employer in West Virginia fails to provide a compliant meal or rest break, statutory penalties apply:
- ⚠️ 1-Hour Premium Pay Penalty: Employers must pay 1 additional hour of pay at the employee's regular rate for each workday a meal or rest period is violated.
- ✓ On-Duty Meal Agreements: Permitted only in rare circumstances where the nature of work prevents an off-duty meal, requiring written employer agreement.
- ✓ Lactation Accommodations: Reasonable break time and private, non-restroom spaces must be provided for nursing mothers under federal PUMP Act & state laws.
Help West Virginia Coworkers Audit Unpaid Wage Violations
Over $3 Billion in statutory overtime, daily premiums, and meal break penalty pay goes uncollected every year. Share this free statutory utility with your team or shift coworkers.
Audit Your West Virginia Meal & Rest Break Premiums
Over $3 Billion in unpaid overtime & meal break penalties go uncollected every year. Audit your 2026 West Virginia break rules, daily overtime, and statutory premiums in seconds.