Understanding Washington's Labor Laws On Breaks

In the state of Washington, employees are entitled to rest breaks and meal breaks, depending on the number of hours they work. For every 4 hours worked, employees are entitled to a paid rest break of at least 10 minutes. Employees cannot be required to work for more than 3 hours without a break, and these breaks must be uninterrupted and free from duties. For shifts lasting over 5 hours, employees are entitled to a 30-minute meal break, which is unpaid unless the employee is required to remain on duty, on-call, or is called back to work during their break.

Paid rest breaks

Washington labor laws mandate that employees are given paid rest breaks in addition to meal breaks. For every 4 hours of work, employees are entitled to a minimum of a 10-minute rest break. These breaks should be uninterrupted and free from duties, and are considered "hours worked" when calculating paid sick leave and overtime.

Employers may require employees to remain on-site during their rest break, but they must be relieved of all work duties for the break to be compliant. The timing of these breaks is also important. Breaks must be scheduled so that employees do not work more than 3 hours without a break, and they should be placed around the midpoint of the work period.

In certain jobs, instead of a single 10-minute break, employees can take multiple shorter breaks that add up to at least 10 minutes over a 4-hour period. This is known as the "mini-rest break" exception and applies to jobs with natural downtime or self-paced working conditions, such as office workers or graphic designers.

Breaks are important for employee well-being and can help prevent injuries and mistakes caused by fatigue. Washington state law recognizes this and ensures that employees receive their mandated rest breaks. If an employer is found to be violating these laws, they may face civil penalties of up to $5,000 for each violation.

Meal breaks

In the state of Washington, employees are entitled to meal breaks. This is in addition to their rest breaks. Employees who work more than five hours in a shift are entitled to a meal period. This meal period must be at least 30 minutes long and must start between the second and fifth hour of the shift.

If an employee works more than three hours beyond their scheduled shift, they are entitled to an additional meal period. This additional 30-minute meal period must be given within five hours from the end of the first meal period and for each additional five hours worked.

Employees can waive their meal break requirement if both they and their employer agree. However, if an employee is required to remain on duty during their meal break, the employer must pay for that time. Meal breaks are only unpaid if the employee is free from all duties for their entire break. If an employee is required to remain on-call on the premises or work site, they must be paid for their meal period. If an employee is called back to work during their meal break, they are also entitled to be paid for that time.

Employees who are required to work or remain on duty during a meal break are still entitled to 30 minutes of mealtime, excluding interruptions. If the meal break is paid, the entire break must be paid and considered "hours worked" when calculating paid sick leave and overtime.

Restroom breaks

Employees should be able to use the restroom when they need to, as long as the visits are not excessive or unreasonable. If an employee is facing restrictions on accessing the restroom during their work hours, they should seek legal advice to understand their rights and options.

In addition to the above, Washington labor laws also mandate that employees receive rest breaks and meal breaks, depending on the duration of their work period or shift. These breaks are outlined below:

Rest Breaks

• Employees are entitled to a paid rest break of at least 10 minutes for every 4 hours of work.
• During these breaks, employees must be free from duties, but employers may require them to stay on the job site.
• Breaks must be uninterrupted and are considered “hours worked” when calculating paid sick leave and overtime.
• Breaks should be scheduled as close to the midpoint of a given work period or shift as possible, ensuring that employees do not work more than 3 consecutive hours without a break.
• In certain jobs, “mini” rest breaks can be taken instead of a scheduled rest break, as long as they total at least 10 minutes over a 4-hour period.
• Employers must give a break of 10 minutes or more for every 2 hours worked to employed minors aged 14 and 15.

Meal Breaks

• Employees working more than 5 hours in a shift are entitled to a meal break of at least 30 minutes.
• Meal breaks can be unpaid if the employee is completely relieved of all duties during this time and can only be required to remain on the premises if they are free of work duties.
• Meal breaks must begin between the second and fifth hours of an employee's work period or shift.
• Employees may waive their meal break requirement with the agreement of their employer, but they cannot waive rest breaks.
• If an employee is required to remain on-duty, on-call, or is called back to work during their meal break, this time must be paid and is considered “hours worked” when calculating overtime pay and sick leave.
• Employees whose work hours exceed their scheduled shift by more than 3 hours are entitled to additional meal periods.

Waiving breaks

In the state of Washington, employees are entitled to take rest breaks and meal breaks. These are mandated by law and are considered a welfare measure for employees. While meal breaks can be waived, rest breaks cannot.

Meal breaks

Employees working more than five hours in a shift are entitled to a 30-minute meal break. This break must be uninterrupted to be considered an unpaid meal period. If the employee is required to remain on duty, on-call, or is called back to work during their meal period, this time must be compensated. The entire meal period must be paid, and it will be considered "hours worked" when calculating overtime pay and sick leave.

Employees can waive their meal break requirement, but only if both they and their employer agree. This waiver must be "knowing and voluntary", meaning the employee must fully understand and willingly agree to give up their meal break. If the employee is a minor, they cannot waive their meal break.

Rest breaks

Employees are entitled to a paid rest break of at least 10 minutes for every four hours worked. During these breaks, employees must be free from duties, and they are considered "hours worked" when calculating paid sick leave and overtime.

Unlike meal breaks, rest breaks cannot be waived by employees. This is a right guaranteed by law and cannot be given up.

Breastfeeding employees

Breastfeeding employees may be entitled to longer and more frequent break times in Washington State. They are entitled to a reasonable break time and a private place, other than a restroom, to express breast milk in the workplace. This is in accordance with the Fair Labor Standards Act (FLSA).

Enforcement and penalties

The Washington State Department of Labor and Industries is responsible for enforcing labor laws, including those related to meal and rest breaks. Employees who suspect they are not receiving their mandated breaks can file a complaint with this agency. If the agency determines that the employer is violating the law, they will be required to provide the necessary breaks and compensate employees for any unpaid wages.

Employers who do not comply with break laws may face civil penalties of up to $5,000 for each violation. This fine can be higher if the employer has a history of similar offenses.

Employees who face retaliation from their employer for reporting violations of meal and rest break laws can file a retaliation complaint. If the employer is found guilty, they may be ordered to compensate the employee for lost wages and other damages.

Special cases

There are a number of special cases where Washington labor laws on breaks differ from the standard regulations.

Breaks for Minors

In Washington, there are additional break requirements for minors under Child Labor Laws. For example, employers must give a break of ten minutes or more for every two hours worked to employed minors ages 14 and 15.

Breaks for Agricultural Workers

There are also some special considerations for agricultural workers.

Breaks for Nursing Mothers

Nursing mothers may have additional rights under federal law. Most nursing employees are entitled to a reasonable break time and a private place, other than a restroom, to express breast milk in the workplace in accordance with the Fair Labor Standards Act (FLSA). Covered employees are allowed to take time to express breast milk without denial from an employer for one year after the child's birth.

Breaks for Healthcare Workers

In regards to certain healthcare employees, rest breaks are to be scheduled and uninterrupted. In certain emergency circumstances, however, rest breaks may be interrupted if a situation arises that could result in an adverse effect on a patient. When a rest break is interrupted, an additional 10 minutes of uninterrupted break time should be given to the employee as early as possible.

Frequently asked questions