H.
B.
4140
(By Delegate S. Cook)
[Introduced January 26, 1994; referred to the
Committee on Industry and Labor.]
A BILL to amend article three, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section ten-a, relating to safety and welfare of employees; and establishing a guaranteed meal break for all employees.
Be it enacted by the Legislature of West Virginia:
That article three, chapter twenty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section ten-a, to read as follows:
ARTICLE 3. SAFETY AND WELFARE OF EMPLOYEES.
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3
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10a. Meal breaks.
During the course of a workday of six or more hours, all employers shall make available for each of their employees, at least twenty minutes for meal breaks, at times reasonably designated by the employer. This provision may not supersede any clause, established practice or alternative arrangement specifically provided in an applicable collective bargaining agreement or any alternative to a meal break agreed to between a unionized bargaining unit representative and the employer.
NOTE: This bill requires employers to provide meal breaks of at least twenty minutes for employees who work six or more hours a day.
INDUSTRY AND LABOR COMMITTEE AMENDMENT
On page one, section ten-a, line twenty-five, following the word "provision", by striking out the words "may not supersede any clause, established practice or alternative arrangement specifically provided in an applicable collective bargaining agreement or any alternative to a meal break agreed to between a unionized bargaining unit representative and the employer" and inserting in lieu thereof the words "shall be required in all situations where employees are not afforded necessary breaks and/or permitted to eat lunch while working".