State laws (statutes and regulations) generally govern the number and length of breaks and meal periods employers must provide employees—usually based on the number of consecutive hours the employee has worked that day. These laws vary from state to state and many states have separate provisions requiring meal periods specifically for minors (when minors are covered by two provisions, employer must observe the higher standard).

Federal law does not require lunch or coffee breaks for employees, but if employers do offer short breaks (usually lasting about 5 to 20 minutes) federal law considers the breaks compensable work hours that must be included in the number of hours worked when calculating overtime pay. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and that any extension of the break will be punished. Bona fide meal periods (typically lasting at least 30 minutes) serve a different purpose than coffee or snack breaks, are not work time, and are not compensable.

In West Virginia, state law does not require employers to provide breaks or meal periods to employees aged 16 and over. However, for minors under the age of 16, employers must provide a meal break of at least 30 minutes if the minor is scheduled to work more than five consecutive hours. Federal law, while not mandating breaks or meal periods, does require that any short breaks offered by the employer, typically lasting from 5 to 20 minutes, be considered compensable work hours. These hours must be included when calculating overtime. Conversely, bona fide meal periods, which usually last at least 30 minutes, are not considered work time and are therefore not compensable. Employers in West Virginia must comply with these federal regulations regarding compensable work hours, even in the absence of specific state statutes mandating breaks or meal periods for adult employees.