Believe it or not, employers in many states have no legal obligation to give their employees any breaks during the work day. The federal Fair Labor Standards Act (FLSA) does not require employers to provide any breaks, and many states follow the same rule. Other states require employers to provide rest breaks, meal breaks, or both.
A small number of states require employers to provide paid rest breaks during the work day.
In West Virginia, employees who work at least six consecutive hours are entitled to take a 20-minute unpaid meal break. However, employers need not provide a meal break to employees who are allowed to take breaks as needed throughout the day or who are allowed to eat while on duty. (If employees work while eating, they are entitled to be paid for this time.)
West Virginia law does not require employers to provide rest breaks. If your employer chooses to let employees take rest breaks, it must pay you for breaks that last for 20 minutes or less.