H. B. 2686
(By Delegates Walker, D. Poling, Caputo, Boggs,
Klempa, Ferro, Butcher, Stephens and Hutchins)
[Introduced February 19, 2009; 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 requiring twenty consecutive
minutes for meal breaks and requiring fifteen minute rest
periods for 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.
During the course of a workday of six or more hours, all
employers shall make available for each of their employees, at
least twenty consecutive
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.No employer may require any employee to work without a rest
period of at least fifteen minutes during each four hours worked,
except those employees who are under the Federal Railway Labor Act.
The rest periods are in addition to the regularly scheduled lunch
period. No reduction in compensation may be made in the pay of
either hourly or salaried employees for the lunch and rest breaks
provided in this section.
NOTE: The purpose of this bill is to require twenty
consecutive minutes for meal breaks and to rest periods of fifteen
minutes for each four hours of work.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would