Committee Substitute
House Bill 2686 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 2686
(By Delegates Walker, D. Poling, Caputo, Boggs,
Klempa, Ferro, Butcher, Stephens and Hutchins
)
(Originating in the House Committee on the Judiciary)
[March 27, 2009]
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:
ARTICLE 3. SAFETY AND WELFARE OF EMPLOYEES.
§21-3-10a. Meal and rest 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) No employer may require any employee to work without a rest period of at least ten minutes during each four hours worked:
Provided, That 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. The provisions of this subsection
do not apply to those employees who are subject to the Federal
Railway Labor Act. The rest periods required by this subsection
are in addition to the regularly scheduled meal breaks required by
subsection (a) of this section.
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