As a result, even though the employer had already paid for the time worked, the court found a violation and ordered the employer to payagainas the remedy for the missed meal periods. They are called back to work, interrupting the meal period. Get The 2022 Washington Employment Law Handbook (Printable PDF) today! In other words, although breaks are not required, employers must pay employees for time they spend working and for . The meal period may be unpaid if it is at least 30 minutes and the employee is completely relieved of all duties. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. For example, inPellino v. Brink's Inc., 164 Wn. An agricultural employer is any person, firm, corporation, partnership, business trust, legal representative, or other business entity that engages in any agricultural activity in the state with one or more employees. Employees must be provided reasonable access to bathrooms and toilet facilities. The appellate courts have not yet directly addressed whether these principles extend to meal breaks. Labor Commissioner may grant exemption on employer evidence of business necessity. Not applicable to places of employment where there are fewer than 3 employees on duty at any one time and the nature of the work allows those employees frequent paid breaks during the workday. Exception: Youth 14-17 years old are allowed to work 7 days a week in dairy, livestock, hay harvest, and irrigation during school and non-school weeks. L&I handles safety & health, wage & hour, and some other types of workplace discrimination. Sufficient unpaid time for employees who work 8 consecutive hours or more. hour, after 5 hours, except when workday will be completed in 6 hours or less and there is mutual employer/employee consent to waive meal period. Wage and Hour Division Meal breaks must be taken before the end of the fifth hour of a shift. Are Workers allowed to take several short breaks instead of a 10-minute rest period? Employees must be paid for meal breaks if: Employees who are required to work or remain on duty during a meal break are still entitled to 30 total minutes of mealtime, excluding interruptions. [Statutory Authority: RCW 49.30.030. Employees working three or more hours longer than a normal work day shall be allowed at least one 30-minute meal period prior to or during the overtime period. No employee shall be required to work more than three hours without a rest period. These short breaks must be paid for by the employer. In some cases, breaks may be required due to standing labor union agreements. Applicable to every employer, except employees covered by collective bargaining agreement. Regulations on Meal Periods. Working Washington fast food strikers sparked the fight that won Seattle's landmark $15 minimum wage. If these shorter breaks exceed a total of 10 minutes, they will be substituted for a scheduled rest period. For purposes of computing the minimum wage on a piecework basis, the time allotted an employee for rest periods shall be included in the number of hours for which the minimum wage must be paid. Prepared By: Division of Fair Labor Standards and Child Labor Wage and Hour Division U.S. Department of Labor It is, however, not required for an employer to pay premium wages, such as 1.5 times regular pay, for working holiday hours. However, for employees above 18, there are no work break laws that govern the lunch and meal breaks for them. Must receive a paid rest break of at least 10 minutes for every 2 hours worked. On-duty meal period counted as time worked and permitted when nature of work prevents relief from all duties. Also exempt are: students employed by sororities, fraternities, college clubs, or dormitories, and students employed in a work experience study program and employees working in laundries of charitable institutions which pay no wages to workers and inmates, or patient workers who work in institutional laundries. Washington state provides employees with paid sick leave as mandated by law. <>/Metadata 175 0 R/ViewerPreferences 176 0 R>>
The Wage and Hour Division tries to ensure that the information on this page is accurate but individuals should consult the relevant state labor office for official information. Exemptions may also be granted where compliance would adversely affect public safety; only one employee may perform the duties of a position, an employer has fewer than five employees on a shift at a single place of business; or where the continuous nature of an employer's operations requires employees to respond to urgent or unusual conditions at all times and the employees are compensated for their meal break periods. Meal periods are not compensable work time. Training employees and managers about break requirements. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID");
An employee may waive his or her right to a meal break in a written agreement . No employee shall be required to work more than five consecutive hours without a meal period. The minimum wage for a tipped employee is $3.35 per hour. [CDATA[/* >