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Historically, there were no rules about what employers had to pay their workers. If an employer could find someone to work 14 hours a day for $1.00 a day, there was no law against that. Employers were not required to allow workers to eat on the job, and the idea of regular breaks was unheard of. Fortunately, we live in more forward-thinking times. Nutrition and short periods of rest have been shown to be beneficial to both employees and employers, and the meal and rest breaks are required by law.
MEAL PERIODS. Under the laws of the State of Washington, employees must be allowed at least a 30-minute meal period if more than 5 hours are worked in a shift. The break must be at least 2 hours into the shift before the meal time can start. No employee shall be required to work more than five consecutive hours without a meal period.
Generally, a business is not required to pay for meal periods if workers are free from any duties for their entire meal period. However, workers must be paid during their meal period when:
- They are required or allowed to remain on duty.
- They are required to be on-call at the business premises or designated worksite to be available to return to duty even if they are not in fact called back to duty.
- They are called back to duty during their meal period even though they normally are not on call during the meal period.
In overtime situations (working three or more hours longer than a normal work day) employees shall be allowed at least one thirty-minute meal period prior to or during the overtime period.
REST PERIODS. Under the laws of the State of Washington, employees must be allowed a paid rest period of at least 10 minutes for each 4 hours worked. The rest period must be allowed no later than the end of the third hour of the shift. No employee shall be required to work more than 3 hours without a rest period. Businesses may allow workers to take several “mini” breaks in each 4 hours of working time. If these mini breaks total 10 minutes this substitutes for a scheduled rest period. A “mini” rest period is time allowed for things like personal phone calls, personal conversations, or smoke breaks.
Generally, a business is not required to pay for meal periods if workers are free from any duties for their entire meal period. However, workers must be paid during their meal period when:
- They are required or allowed to remain on duty.
- They are required to be on-call at the business premises or designated worksite to be available to return to duty even if they are not in fact called back to duty.
- They are called back to duty during their meal period even though they normally are not on call during the meal period.
IMPORTANT NEW RULING. In July, 2015, the Washington Supreme Court handed down a major decision involving agriculture workers who are paid “by the piece,” for example, pickers who are paid by the bushel for harvested fruit.
In the past, employers had taken the position that the pay that must be paid to workers for their mandatory rest breaks could be “factored into” the piece rate. However, the Court looked at Washington’s wage laws and ruled that employers must pay a wage separate from the piece rate for time spent on rest breaks. That means that the break time must be paid separately from the piece rate.
They also held that in the absence of a separate agreement, pay separate from the piece rate must equal at least the applicable minimum wage or the pieceworker’s regular rate of pay, whichever is greater. The case was Demetrio v. Sakuma Bros. Farms, 183 Wash. 2d 649 (2015).
FACTS TO KNOW
- A business can require workers to stay at the workplace building or site during rest periods and meal times IF the rest periods and meal periods are paid time.
- Businesses are not required to provide a room where workers can eat meals or take rest periods.
- Workers may give up their meal period if they prefer to work through it and if the employer agrees.
Workers have fought for decades to have the legal right to meal periods and paid rest breaks. If you feel you are not being paid according to the law, call Nelson Boyd at (206) 971-7601. We will fight for your rights!
