West Virginia Break Laws: Meal and Rest Break Rules

West Virginia break law in short: Meal break: 20 min for 6+ hr shifts. No required paid rest breaks.

Quick answer for West Virginia
Meal / lunch break required?
Yes
20 min for 6+ hr shifts
Paid rest breaks required?
No state law
Not required for adults

Meal and lunch breaks in West Virginia

Employees working 6 or more hours must get at least 20 minutes for a meal, unless they're allowed breaks throughout the day or allowed to eat while working.

Rest breaks in West Virginia

West Virginia doesn't require paid rest breaks for adults. If your employer gives short breaks (usually 5 to 20 minutes), federal law says they must be paid.

What federal law says (applies in every state)

  • Federal law doesn't require employers to give meal or rest breaks.
  • If your employer does give short breaks (usually 5 to 20 minutes), they must be paid.
  • Meal breaks of 30 minutes or more can be unpaid, but only if you're fully relieved of work. If you have to keep working while you eat, that time must be paid.
  • Most employers must give reasonable break time and a private space (not a bathroom) for nursing employees to pump breast milk for up to a year after a baby's birth.

Work out your hours

Use the Lunch Break Calculator to see your hours worked after an unpaid lunch, or the Timesheet Calculator to add up your week.

Please note: This page is a plain-English summary for adult (18+) private-sector employees, last checked October 2026. Workers under 18, government employees and union members often have different rules. Laws change, so for an official answer check with your state labor department. This isn't legal advice.

Sources

← Break laws in all 50 states · Washington · Wisconsin

Frequently asked questions

Do I get a lunch break in West Virginia?

Yes. Employees working 6 or more hours must get at least 20 minutes for a meal, unless they're allowed breaks throughout the day or allowed to eat while working.

Are breaks paid in West Virginia?

West Virginia doesn't require rest breaks for adults. But if your employer gives you a short break of about 5 to 20 minutes, federal law says it must be paid. Meal breaks of 30 minutes or more can be unpaid if you're fully relieved of work.

Can my employer make me work 8 hours without a break in West Virginia?

It depends on how long your shift is. In West Virginia: 20 min for 6+ hr shifts. Shorter shifts may not require a break.

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