Detailed Guide to WV Labor Laws on Breaks
West Virginia Labor Laws: Breaks
West Virginia labor law for breaks is mainly found in Title 21 and 42 of the state’s revised code. Both of these titles focusing on West Virginia labor laws for breaks are discussed within this article. You can find more information about WV labor laws on breaks by searching the state’s revised code, and you can also visit the West Virginia Division of Labor for more information on other labor laws:
Specific West Virginia Labor Law on Breaks and Meal Periods
West Virginia is one of the few states in the U.S. that defines and requires specific breaks. Several different West Virginia labor laws on breaks are discussed below that address the majority of employees:
§21-3-10a West Virginia Labor Laws on Meal Breaks
This section of WV labor laws on breaks states that any employee who works six or more hours a day is required to have a meal break of at least 20 minutes. Additionally, according to this specific West Virginia labor law on breaks and others, a meal period of 20 minutes or more may be unpaid.
§42-5-2 West Virginia Labor Laws on Rest Periods
This specific section of WV labor laws on breaks indicates that any rest period from 5 to 20 minutes must be counted as hours worked. This West Virginia labor law on breaks is meant to increase productivity within the workplace.
21-6-7 Child Labor and West Virginia Labor Laws on Breaks
This specific West Virginia labor law for breaks provides guidelines for child labor. The conditions within these WV labor laws for breaks do not apply to workers over the age of 16 because their employment is considered adult employment except for restrictions in certain hazardous trades.
If a child is under the age of 16, these West Virginia labor laws on breaks declare that they employee is required to have a meal period of at least 30 minutes while working five or more hours continuously. If an employer fails to recognize any of the West Virginia labor laws above, they can face serious penalties.
WV Labor Laws on Breaks for Breastfeeding
There are no West Virginia labor laws on breaks for breastfeeding, and WV is the only state with no laws on breastfeeding in general. However, some analysis of WV labor laws on breaks provides insight to break periods for new parents.
According to §21-5D-4 of WV labor laws on breaks, an employer is required to give up to 12 weeks of unpaid family leave time in certain situations:
• In the event of a birth of a son or daughter, this West Virginia labor law on breaks applies
• If an employee has recently adopted, these West Virginia labor laws on breaks apply
• If a daughter or son, parent, or dependant has a serious health condition, these WV labor laws on breaks apply
Again, an employer can face serious penalties for violating a West Virginia labor law on breaks. If you believe your rights are being denied, you should contact the WV Division of Labor.