Understanding Employee Break Laws In Washington State

Employees in Washington State have several rights when it comes to taking breaks at work. Washington is one of the few states that require employers to provide both meal breaks and rest breaks. In this state, employees are entitled to a 10-minute paid rest break for every four hours worked and a 30-minute meal break if they work more than five hours in a day. This meal break can be unpaid if the employee is free from all duties during the break.

Employees are entitled to a 10-minute paid rest break for every 4 hours worked

In Washington, employees are entitled to a 10-minute paid rest break for every four hours worked. This is a legal requirement and cannot be waived or substituted by a meal break. The rest break must be scheduled as close to the midpoint of the work period as possible, and employees cannot be made to work more than three hours without a break.

There are some jobs, such as those in healthcare, where "mini" rest breaks can be taken instead, as long as they add up to at least 10 minutes over a four-hour period. These "mini" breaks are also considered "hours worked" when calculating overtime and paid sick leave.

In Washington, employers must provide reasonable break times for employees who need to express milk for up to two years after the birth of a child. A private location, other than a bathroom, must be provided for this purpose.

It is important to note that Washington's rest period laws do not apply to all employees. Newspaper vendors or carriers, domestic or casual labour in private residences, sheltered workshops, and agricultural labour are excluded from these regulations. In some cases, collective bargaining agreements may supersede or modify rest period requirements.

Employees are entitled to a 30-minute meal break if working more than 5 hours

In Washington, employees are entitled to a 30-minute meal break if working more than five hours. This break should start between the second and fifth hour of the shift. If the employee is on duty or is required to be at a site for the employer's benefit during this time, they must be paid for it. Otherwise, the break may be unpaid.

This meal break must be uninterrupted to be considered an unpaid period. If, due to the nature of the work, an employee must remain on duty, be on-call, or is called back to work during their meal break, this time must be compensated. So, if any work is performed during these 30-minute meal breaks, they are to be considered "hours worked", which is essential for calculating overtime pay and sick leave.

Employees who work three or more hours longer than their regular workday are entitled to an additional 30-minute break, which they can take before or during their overtime. If an employee works more than eight hours, they must be given a 30-minute meal break. If they work more than five but less than eight hours, they must be given a 20-minute break.

Employees can choose to skip their meal break, but the employer must give them the option to take it. Employees can also waive their meal break requirement if both they and their employer agree. However, this waiver must be "knowing and voluntary", meaning the employee must fully understand and willingly agree to waive their meal break.

Employees can waive their meal break if they and their employer agree

Washington state law requires employers to provide meal and rest breaks for all overtime-eligible employees. Employees who work more than five consecutive hours in a work shift are entitled to a meal break. This break must be at least 30 minutes long and start between the second and fifth hours of the shift.

Employees working three or more hours longer than their scheduled shift are entitled to an additional 30-minute meal break before or during their overtime. This additional meal break must be given within five hours of the end of the first meal break and for each additional five hours worked.

Employees must be paid for meal breaks if they are required to remain on duty, are required to remain on-call on the premises, or are called back to work, interrupting their meal period. If an employee is free from all duties during their entire meal period, it is not considered work time and is not a paid meal break.

While employees are entitled to these meal breaks, they can waive their meal break requirement if both they and their employer agree. However, it is important to note that employees cannot waive their rest break requirements and must be allowed to take a paid rest break of at least 10 minutes for every four hours worked.

The specific provisions for meal and rest breaks in Washington state aim to ensure that employees have adequate opportunities to rest and eat during their work shifts, particularly for those working overtime. While employees can choose to waive their meal break with employer agreement, this option should be approached carefully to ensure employees' well-being and compliance with the law.

Employees must be given reasonable access to bathrooms and toilet facilities

In Washington, employees must be provided with "reasonable access" to bathrooms and toilet facilities. This means that employers cannot restrict the use of bathrooms or toilet facilities to rigid time schedules, such as only during scheduled breaks, nor can they impose unreasonable time use restrictions.

Employers are required to provide bathrooms with an appropriate number of toilets for their employees at every workplace. The number of toilets should be based on the number of male and female employees, with separate compartments providing privacy for each toilet. Employers must also ensure that bathrooms are maintained in a clean and sanitary condition, with toilet paper provided for each toilet, and that the sewage disposal method does not endanger employees' health.

In certain situations, such as for mobile crews or at work locations not normally attended by employees, employers may not need to provide bathrooms on-site. However, transportation to nearby bathrooms that meet the required standards must be immediately available.

It is important to note that state law also allows customers with eligible medical conditions, such as Crohn's disease or inflammatory bowel disease, to use employee restrooms in retail establishments. Employees should be aware of this law and provide customers with reasonable access to restrooms if they present a valid form or identification card signed by a healthcare provider.

Nursing mothers have additional rights, including a private location to express milk

In Washington, nursing mothers have additional rights in the workplace. They are entitled to reasonable break time to express milk for their nursing child for up to two years after the child's birth. This is in line with federal law, which also grants nursing employees the right to reasonable break time and a private location, other than a bathroom, to express milk.

The Fair Labor Standards Act (FLSA) states that employers must provide nursing employees with a private location that is shielded from view and free from intrusion from coworkers and the public. This location must be functional for expressing milk and can be a space temporarily created or converted for this purpose, as long as it is available when needed. If no such location exists at the worksite, the employer must work with the employee to find a convenient location and schedule to meet their needs.

Employees who telework are also eligible for pump breaks and must be free from observation by any employer-provided or required video system. The frequency and duration of breaks needed will depend on factors such as the location of the space and the steps required to express milk, for example, setting up a pump.

Under the FLSA, when an employee is taking break time at work to express milk, they must either be completely relieved from duty or paid for the break time. If employers provide paid breaks, employees who use this time to express milk must be compensated in the same way as other employees during their break time.

Frequently asked questions