H. B. 4409
(By Delegates Stephens, Reynolds, Rodighiero,
Eldridge, Ellis and Hrutkay)
[Introduced February 5, 2008; referred to the
Committee on 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 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 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 shall be 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 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