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Introduced Version House Bill 2686 History

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hb2686 intr
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 be added.
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