West Virginia break, overtime and sick leave rules

Meal and rest breaks, overtime and paid sick leave in West Virginia, in plain words. Last reviewed October 31, 2026. Not legal advice.

The rules in West Virginia#

Meal breaks: A 20‑minute meal period for employees working 6 hours or more, where employees are not given breaks or allowed to eat while working.
Rest breaks: No general paid rest break rule for adults.
Overtime: 1.5 times the regular rate after 40 hours in a workweek, for employers of 6 or more employees at one location that the federal Fair Labor Standards Act (FLSA) does not cover (those with less than 80% interstate work); the rest follow the federal rule, which is the same. No daily overtime, double time or seventh‑day rule.
Paid sick leave: No statewide paid sick leave law.

How Oh! Thyme handles West Virginia#

Oh! Thyme runs a company in West Virginia on the federal rules. On every shift it checks:

Overtime after 40 hours in a workweek, worked out week by week
Every punch and break, to the minute
Sick leave balances build from approved hours at the rate set for each person, such as 1 hour per 30 worked, stop at their cap, and come down when time off is approved.

Not checked in West Virginia: its meal break rules. The break times are on every timesheet for a supervisor to see; tell us at support@ohthyme.com if your company needs them checked.

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Sources#

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West Virginia break, overtime and sick leave rules

The rules in West Virginia#

How Oh! Thyme handles West Virginia#

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