In an 8 hour shift are breaks required?

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In an 8 hour shift are breaks required?

I work an 8-hour shift every day. However, we get no sit-down breaks at all. Is this legal? I work at a convenience store.

Asked on January 2, 2017 under Employment Labor Law, West Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Federal law does not give workers the right to time off to eat a meal or the right to take short breaks during the work day. However, while a number of states follow the federal law, many others do not. Some states require both meal and rest breaks. And in yet other states, such as W.V., employers are required to provide meal breaks but not rest breaks. In W.V. workers are entitled to take a meal break of at least 20 minutes for each 6 consecutive hours they work, unless employees are allowed to take breaks as needed or to eat lunch while working. If employees eat while working, they are entitled to be paid for this time. 


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