West Virginia Rest Periods: What you need to know

Federal wage and hour law does not mandate that employees be given either paid or unpaid rest or meal periods. Whether breaks are required is left up to the states. West Virginia has laws pertaining to meal periods, extended duty periods, and nurses.
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
U.S. Department of Labor Wage and Hour Division regulations do specify when provided work breaks, including meal periods, rest periods, and sleeping time, must be counted as work time subject to federal minimum wage and overtime requirements (29 CFR 785.18 through 785.23). There is additional information and further details on these requirements.
Employees who work 6 or more hours in a day must be allowed to take a 20 minute meal break at a time reasonably designated by the employer. This requirement applies in all situations where employees are not afforded necessary breaks and/or permitted to eat lunch while working.
Where an employee is required to be on duty 24 hours or more, the employer and employee may agree on a meal period and a regularly scheduled sleeping period of not more than 8 hours from hours worked, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night's sleep. Where no expressed or implied agreement to the contrary is present, the 8 hours of sleeping time and lunch periods constitute hours worked. If the sleeping period is interrupted by a call to duty, the interruption counts as hours worked. The entire period of interruption must be counted if the employee cannot get a reasonable night's sleep (WV Admin. Reg. Sec. 42-8-9.11).
West Virginia law requires that a nurse who works 12 or more consecutive hours be allowed at ...

>> Read more about Rest Periods

More on this topic:

State Requirements

National | Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin |

West Virginia Rest Periods Resources

There are currently no resources for this topic/state.

Rest Periods Products

Part Timers, Temps, and Interns Webinar Recording
BLR Webinar: "Part Timers, Temps, and Interns: How to Avoid the Legal Risks of Less-Than-Full-Time Employees""
Off the Clock Time Webinar Recording
BLR Webinar: "Off the Clock? How To Determine When Time Worked Is Compensable Under Federal Law""
Employing in Canada 2012 Webinar Recording
BLR Webinar: "Employing in Canada 2012: Essential HR Policies and Practices""
California Employment Law Explained Boot Camp Recording
BLR Boot Camp: "California Employment Law Explained: Policy and Practice Essentials for HR""
CA Employment Law for Multistate Employers Recording
BLR Boot Camp: "California Employment Law for Multistate Employers: Policy and Practice Essentials for HR""
Free Special Reports
Get Your FREE HR Management Special Report. Download Any One Of These FREE Special Reports, Instantly!
Featured Special Report
Claim Your Free Copy of Critical HR Recordkeeping

Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
Download Now!

This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.

Topics covered:
1. Hiring Records
2. Employment Relationships
3. Termination Records
4. Litigation Issues
5. Electronic Information Issues
6. Tips for Better Recordkeeping
7. A List of Legal Requirements

Make sure you have the information you need to know to keep your records in order.