State Law > Virginia > Virginia Meal and Rest Periods Law

Virginia Meal and Rest Periods Law

 

Meal and rest period requirements can be found in the Child Labor Laws of the state in Title 40.1, Chapter 5 of the Code of Virginia. Virginia's day of rest law is codified in Title 40.1, Chapter 1 of the state code .

Day of rest

40.1-28.1. Employers to allow employees at least one day of rest in each week.

Except in an emergency, every employer shall allow each person employed by him in connection with any business or service at least twenty-four consecutive hours of rest in each calendar week in addition to the regular periods of rest normally allowed or legally required in each working day.

40.1-28.2. Employees entitled to choose Sunday as day of rest.

Every nonmanagerial person employed by any employer shall, as a matter of right, be entitled to choose Sunday as a day of rest in accordance with Sec. 40.1-28.1 and upon the filing of written notice by the employee with the employer that such employee chooses Sunday as a day of rest, no employer shall, in any manner, discharge, discipline or penalize such employee for exercising his rights under this section and the provisions of this section may not be waived on an application for employment.

40.1-28.3. Employees entitled to choose Saturday as day of rest.

Any nonmanagerial employee who conscientiously believes that the seventh day of the week ought to be observed as a Sabbath, and actually refrains from all secular business and labor on that day, shall be entitled to choose the seventh day of the week as his day of rest in accordance with Sec. 40.1-28.1 and upon the filing of written notice by the employee with the employer that such employee chooses the seventh day of the week as a day of rest, no employer shall, in any manner, discharge, discipline or penalize such employee for exercising his rights under this section.

40.1-28.4. Penalties for violation of Sec. 40.1-28.1 through 40.1-28.3; investigations.

Any employer who violates Sec. 40.1-28.1, 40.1-28.2 or Sec. 40.1-28.3 shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not less than $250 nor more than $500 for each offense. Moreover, in the event such employer compels a nonmanagerial employee to work on his chosen day of rest in violation of the heretofore stated sections, such employer shall be liable to such employee for wages at the rate of three times the employee's regular rate of pay for all hours worked by such employee on his chosen day of rest.

Nothing contained herein shall be construed to permit any fine or penalty against any supervisory employee or agent who has been caused, directed or authorized by his employer to violate any provision of the heretofore stated sections, in which case the employer shall be subject to the sanctions prescribed by this section.

The Commissioner of Labor and Industry shall be authorized to conduct investigations of possible violations and thereafter, if compliance is not achieved, report any findings to the appropriate attorney for the Commonwealth.

40.1-28.4:1. Exceptions to application of Section 40.1-28.1 through 40.1-28.4.

The provisions of Section 40.1-28.1 through 40.1-28.4 shall not apply to persons engaged in any of the following industries or businesses:

  1. Transportation by whatever means and supporting facilities;
  2. Public services and utilities, manufacturing, processing and plant operation of all types;
  3. Publishing, including the distribution and sale of the products thereof;
  4. Servicing, fueling and repair of motor vehicles, boats and aircraft, and the selling of parts and supplies therefor;
  5. Operation of motion picture theatres and the production of radio and television programs;
  6. Medical services; and other services on an emergency basis;
  7. Sports, athletic events and the operation of historic, entertainment and recreational facilities, and the sale or rental of boats, and swimming, fishing and boating equipment;
  8. Agriculture, including the operation of nurseries and florist establishments;
  9. Preparation and sale of prescription and nonprescription drugs and the sale of medical and hygienic supplies and baby supplies;
  10. Wholesale food warehouses and ship chandleries;
  11. Restaurants and delicatessens;
  12. Janitorial, custodial and like services;
  13. Operation of hotels and motels and funeral homes and cemeteries;
  14. Mining and supporting facilities;
  15. Sale of tobacco and related products;
  16. A drugstore, a majority of the sales receipts of which consist of prescription and nonprescription drugs, health and beauty aids;
  17. Sale of novelties, cameras, photographic supplies (including film and flash bulbs), antiques, pictures, paintings, art supplies, souvenirs, animals as pets, including tropical fish, and pet supplies; and
  18. Sale or leasing of noncommercial real property, mobile homes, and the sale of residential modular, panelized or other prefabricated houses, notwithstanding that such houses are not then erected or constructed on a site.

40.1-28.5. Exceptions to application of Sec. 40.1-28.1 through 40.1-28.4.

The provisions of Sec. 40.1-28.1 through 40.1-28.4 shall not apply to persons engaged in any of the industries or businesses enumerated in Sec. 18.2-341 A (1) through (19), except (15).

Child labor

40.1-80.1. Employment of children.

B. No child shall be employed or permitted to work for more than five hours continuously without an interval of at least thirty minutes for a lunch period, and no period of less than thirty minutes shall be deemed to interrupt a continuous period of work.

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