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Paid Breaks West Virginia

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  • Paid Breaks West Virginia

    I work at a restaurant and my employer does not give us any paid breaks the only thing we get is one 30 minute unpaid lunch, and if we want to smoke than we have to clock out for everyone, and if we forget to clock out than one of my managers will go in on the computer on our time and clock us out for 5 minutes several times a day, for as many as she thinks that you have taken she does this without our permission and I don't think that is right, she even does it when she is not even scheduled at that time,she is an ex-smoker and I feel she is discriminating against those of us who still somke. I was wondering if there is a law in WV that an employer has to give their employees some type of paid break, I mean geesh I have been there for a little over a year now and they don't give us sick pay paid vacactions or anything.

  • #2
    Not familiar with labor law in WV. Here is the FAQ sheet from Federal regarding breaks and lunches.

    Beyond that, legally speaking, punching in and out in itself is meaningless. What is important is that you are paid for all time worked. If this is not happening, you need to keep track (at home and not using company equipment) of all time worked. You can file a wage claim with the DOL for unpaid time.


    • #3

      Take a look at both of these sites. The first one seems a bit easier to navigate than the other. DC
      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.


      • #4
        Federal law does not require any breaks of any kind. Federal law says that IF breaks are offered, breaks of less than 20 minutes or so must be paid breaks, but it is entirely up to the employer whether or not to offer any break at all.

        The only break WV law requires is a 20 minute unpaid break for employees who work 6 hours or more.

        NO state requires that you be given smoke breaks.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.