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Introduced Version House Bill 4430 History

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H. B. 4430


(By Delegates Walker, Barker and Perry)

[Introduced February 6, 2012; referred to the

Committee on Energy, Industry and Labor, Economic Development and Small Business then the Judiciary.]




A BILL to amend and reenact §21-3-10a of the Code of West Virginia, 1931, as amended, relating to employee work breaks; requiring twenty consecutive minutes for meal breaks; and requiring ten minute rest periods for certain employees during each four hours of work.

Be it enacted by the Legislature of West Virginia:

    That §21-3-10a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:


§21-3-10a. Meal breaks.

    (a) 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 shall be required in all situations where employees are not afforded necessary breaks and/or permitted to eat lunch while working.

    (b) (1) No employer may require any employee to work without a rest period of at least ten minutes during each four hours worked.

    (2) In situations in which the employee’s work assignment allows the employee to take intermittent rest periods equivalent to ten minutes for each four hours worked, scheduled rest periods are not required.

    (3) The provisions of this subsection do not apply to those employees who are subject to the Federal Railway Labor Act.

    (4) The rest periods required by this subsection are in addition to the regularly scheduled meal breaks required by subsection (a) of this section.

    NOTE: The purpose of this bill is to require ten minute rest periods for certain employees during each four-hour period of work.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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