If your Spokane employer has failed to provide required meal or rest periods, you may have rights under Washington wage and hour law. Washington establishes specific requirements governing when employees must receive meal periods and paid rest breaks. Whether a meal period must be paid depends on the circumstances, including whether the employee is relieved of all duties.
Washington employees have important protections governing working hours, meal periods, and rest breaks. Unfortunately, not all employers comply with these requirements. Employees who are required to work through breaks, denied required rest periods, or required to perform duties during an unpaid meal period may be entitled to recover unpaid wages or pursue other remedies.
Under Washington law:
Washington’s rules concerning on-duty meal periods differ from California’s. An employee may remain on duty during a meal period when the nature of the work requires it, but the meal period must be paid. Employees must also generally be allowed to resume an uninterrupted meal period if they are called back to duty during the break.
Employers should not simply require employees to perform uncompensated work during a designated meal period.
Washington law generally requires employers to provide paid rest periods to covered employees:
The number and timing of required rest periods depend on the length and structure of the employee’s shift. Employers should provide employees a meaningful opportunity to take the rest periods required by Washington law.
Although Washington law establishes meal and rest period requirements, violations can still occur. Common issues may include:
Employees who regularly experience these practices may have claims for unpaid wages or other remedies under Washington law.
Meal and rest period violations can overlap with other workplace issues. Employees who are denied legally required breaks may also experience:
Break violations can also affect an employee’s total compensable working time. For example, an employee who is required to work through an unpaid meal period may be entitled to compensation for that working time, potentially including overtime when applicable.
In some workplaces, discrimination may affect how meal and rest periods are provided. For example:
Depending on the circumstances, these situations may implicate the Washington Law Against Discrimination (WLAD), federal anti-discrimination laws, or Washington pregnancy accommodation protections.
Washington’s remedies for missed meal and rest periods differ from California’s. Washington does not use California’s general rule providing an automatic additional hour of premium pay for each day a legally required meal or rest period is not provided.
Depending on the circumstances, an employee may instead have claims involving:
The remedies available depend on the facts of the case and the particular laws that were violated.
When break violations affect multiple employees because of a common workplace policy or practice, workers may also have options for pursuing claims collectively or through class-action litigation when applicable.
If you believe your Spokane employer is violating Washington meal or rest period requirements, consider documenting:
Keeping accurate personal records can be especially helpful when an employer’s timekeeping records do not reflect work performed during unpaid meal periods.
Depending on the circumstances, employees may also be able to pursue wage complaints through the Washington State Department of Labor & Industries or other appropriate agencies.
When violations result from an employer-wide policy or practice, an employment attorney can also evaluate whether multiple workers have been affected and whether collective or class-action litigation may be appropriate.
Under Washington law, employees working more than five consecutive hours generally must receive a meal period of at least 30 minutes. The meal period generally must begin between the second and fifth hours of the employee’s shift.
Meal periods generally must meet requirements that include:
If an employee’s meal period is interrupted by work, the employee may have rights to compensation and, depending on the circumstances, an opportunity to complete an uninterrupted meal period.
Spokane employees covered by Washington’s rest period requirements generally must receive a paid rest period of at least 10 minutes for every four hours worked.
Washington’s rest period requirements generally include:
Employees who are regularly prevented from taking required paid rest periods should consider documenting the circumstances and determining whether they may have a claim under Washington wage and hour law.
If your employer regularly prevents you from taking required meal or rest periods, requires you to perform work during unpaid meal periods, automatically deducts breaks you did not actually receive, or fails to compensate you for working time, you may have rights under Washington wage and hour law.
Matern Law Group can review your schedules, time records, pay statements, workplace policies, and other relevant information to help determine whether your employer’s meal and rest break practices comply with Washington law.
Contact Matern Law Group for a free case evaluation. Our Spokane employment lawyers can review your situation and help you understand your rights regarding meal periods, paid rest breaks, unpaid wages, and related workplace violations.
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