Meal & Rest Break Laws in West Virginia
West Virginia (WV) · Meal & break laws · Last reviewed June 2026
Meal break
Required
Paid rest break
No state mandate
Federal rule
Short breaks paid
Is there a federal break law?
Federal law does not require employers to provide meal or rest breaks. It only says that if you offer short breaks (usually 5–20 minutes), those must be paid, while bona fide meal periods of 30 minutes or more — where the employee is fully relieved of duty — can be unpaid. Everything beyond that is set by the state.
Meal breaks in West Virginia
West Virginia requires employers to provide a meal period for shifts over a set length (commonly a 30-minute unpaid meal once an employee works more than five or six hours). Confirm the exact trigger and length with the state labor office, and keep records showing the break was provided.
Rest breaks in West Virginia
West Virginia does not mandate separate paid rest breaks for adults. Short breaks you do offer must still be paid under federal rules.
Documenting breaks
Whether or not breaks are required, the strongest protection is a clear record. A time clock that captures break and lunch punches — and lets employees confirm their breaks were provided — gives you the documentation that resolves most disputes.
Official sources
More West Virginia guides
Meal & break laws in other states
West Virginia meal & break laws: frequently asked questions
Are lunch breaks required by law in West Virginia?
Yes — West Virginia requires a meal period for longer shifts, commonly a 30-minute unpaid break once an employee works more than five or six hours.
Are rest breaks paid in West Virginia?
West Virginia has no separate paid-rest-break mandate, but any short break you do offer must be paid under federal rules.
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