Short answer. At least 20 minutes for a meal break in a workday of 6 or more hours, unless the employee already gets a lunch or break period or may eat while working. No separate short rest breaks are required.
West Virginia breaks at a glance
- Meal break
- At least 20 minutes for a meal break in a workday of 6 or more hours, unless the employee already gets a lunch or break period or may eat while working.
- Rest breaks
- No state rest-break requirement: West Virginia isn't in the US DOL table of state paid rest-period rules (revised January 1, 2023), which says states not listed don't require paid rest periods.
- Minors (16 and 17)
- 16- and 17-year-olds get the same meal break as adults: at least 20 minutes after 6 or more hours.
- Law
- W. Va. Code 21-3-10a
- Agency
- West Virginia Division of Labor
In West Virginia's words
Meal break
Hiring in another state? Employer registration in West Virginia, done for you, or a free bookkeeping health check.
"at least twenty minutes for meal breaks, at times reasonably designated by the employer."
Rest breaks
"States not listed do not require paid rest periods."
Minors
"a minimum of twenty minutes after working six or more hours in one day or shift."
Breaks by shift length in West Virginia
For an adult working the hours in one stretch, the state’s rule as we read it calls for:
| Shift | Meal break | Rest breaks |
|---|---|---|
| 4 hours | None yet | No state rule |
| 5½ hours | None yet | No state rule |
| 6 hours | 20 minutes | No state rule |
| 8 hours | 20 minutes | No state rule |
Other shift lengths: open the checker set to West Virginia.
Who the West Virginia rule covers
Every employer, per the US DOL table: "Meal period is required where employees are not afforded necessary breaks" or permission to eat while working.
Waivers and exceptions in West Virginia
Doesn't apply where the employee already has a lunch or break period or is allowed to eat while working.
Worth knowing in West Virginia
The Division of Labor says a meal or rest break of 20 minutes or less must be paid; a meal period of 30 minutes or more can be unpaid at the employer's discretion.
Not stated on the West Virginia pages we read: a penalty.
Official West Virginia sources
- West Virginia Code 21-3-10a (checked November 2026)
- WV Division of Labor: Employee meal break requirements (checked November 2026)
- WV Division of Labor: Child labor requirements (checked November 2026)
- U.S. Department of Labor: Minimum Paid Rest Period Requirements under State Law for Adult Employees in Private Sector (revised January 1, 2023) (checked November 2026)
- U.S. Department of Labor: Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector (revised January 1, 2023) (checked November 2026)
The state rules as published on the pages above, checked November 2026. General information, not legal advice; we are not lawyers. A union contract, an industry order or a city ordinance can add to them.
West Virginia break questions
When is a meal break required in West Virginia?
At least 20 minutes for a meal break in a workday of 6 or more hours, unless the employee already gets a lunch or break period or may eat while working. West Virginia Division of Labor puts it as "at least twenty minutes for meal breaks, at times reasonably designated by the employer."
Does West Virginia require short rest breaks?
No state rest-break requirement: The state isn't in the US DOL table of state paid rest-period rules (revised January 1, 2023), which says states not listed don't require paid rest periods.
Can a West Virginia employee skip or waive a break?
Doesn't apply where the employee already has a lunch or break period or is allowed to eat while working.
Who is covered by the West Virginia break rule?
Every employer, per the US DOL table: "Meal period is required where employees are not afforded necessary breaks" or permission to eat while working.
What breaks do minors get in West Virginia?
16- and 17-year-olds get the same meal break as adults: at least 20 minutes after 6 or more hours. (Ages: 16 and 17.)
All states: meal and rest break laws by state · Washington