Employee Meal Break Requirements

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State l​​aw 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 pe​riod 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.


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