In an 8 hour shift are breaks required?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 5 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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption