State law requires all employers that have employees working within the State of West Virginia to provide their employees working at least six hours each day with a meal break period of at least twenty (20) minutes in duration unless such employees are allowed to eat while working and make necessary restroom visits throughout the workday. The twenty (20) minute break requirement is not intended as an additional requirement to any break or lunch periods already being provided by the employer. It is only required when employees are not being provided a break or lunch period of any kind and are not permitted to eat or have necessary restroom visits while working.
Meal Break Statute and Legislative Rule
Meal Break Requirements Fact Sheet