West Virginia Overtime and Meal & Rest Break Laws for Nurses

Under the West Virginia Code sections 21-5(c)-1(e) and 21-5(c)-3, employers must provide employees with overtime pay for work in excess of 40 hours in one workweek. This provision applies to employers of six of more employees at one location. Under state and federal definitions, the workweek is defined as seven consecutive days including weekends and typically begins on a Monday. Employers are not required to pay overtime to any employee who happens to work longer than eight hours in a single shift provided the employee’s total work time does not exceed 40 hours in one week.

Under the West Virginia Code section 21-3-10(a) and the West Virginia State Rules section 42-5-2(2.6), all employers must provide at least a 20-minute meal break for each six consecutive hours worked, unless employees are allowed to take breaks as needed or to eat lunch while working. Rest breaks of 20 minutes or less must be counted as paid work time (this provision mimics that of the federal Fair Labor Standards Act).
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