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Spokane Missed Meals & Rest Breaks Lawyers

Washington law protects Spokane employees’ rights to required meal and rest periods. If you are denied required breaks or your breaks are improperly interrupted, you may have rights under Washington wage and hour law.
Spokane Practice Areas > Spokane Missed Meals & Rest Breaks

Work Breaks are Required by Spokane Law

Spokane rest break lawyersIf 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.

Washington’s Meal and Rest Break Requirements

Meal Break Requirements

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.
  • Employees who work more than three hours beyond their normally scheduled shift generally must receive an additional 30-minute meal period.
  • A meal period generally does not have to be paid when the employee is completely relieved of duties and receives the full meal period.
  • If an employee is required to remain on duty or at a prescribed worksite in the employer’s interest during the meal period, the employee generally must be paid for that time.

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.

Rest Break Requirements

Washington law generally requires employers to provide paid rest periods to covered employees:

  • Employees generally must receive a paid rest period of at least 10 minutes for every four hours worked.
  • Employees generally cannot be required to work more than three consecutive hours without a rest period.
  • Rest periods must be counted as hours worked and therefore cannot be deducted from an employee’s wages.
  • Where the nature of the work allows employees to take intermittent rest periods equivalent to the required rest break, separately scheduled rest periods may not always be necessary.

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.

Common Employer Violations

Although Washington law establishes meal and rest period requirements, violations can still occur. Common issues may include:

  • Requiring employees to work through required meal or rest periods.
  • Interrupting an unpaid meal period with work without properly compensating the employee.
  • Failing to provide required paid rest periods.
  • Automatically deducting meal periods from time records even when employees continue working.
  • Creating workloads or staffing conditions that prevent employees from taking required breaks.
  • Requiring employees to clock out for breaks that should be paid.

Employees who regularly experience these practices may have claims for unpaid wages or other remedies under Washington law.

The Impact of Break Violations

Meal and rest period violations can overlap with other workplace issues. Employees who are denied legally required breaks may also experience:

  • Unpaid wages or off-the-clock work
  • Overtime violations
  • Discrimination based on a protected characteristic
  • Retaliation for asserting workplace rights
  • Failure to provide reasonable accommodations

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.

Break Violations and Discrimination

Spokane missed meal breaks & rest breaks lawyersIn some workplaces, discrimination may affect how meal and rest periods are provided. For example:

  • Employees of one sex or gender may routinely be denied breaks while other employees are permitted to take them.
  • Workers with limited English proficiency may be given inaccurate or incomplete information about workplace break policies.
  • Employees with disabilities may be denied reasonable accommodations involving additional or modified break periods.
  • Pregnant employees may be denied accommodations involving restroom breaks, food or drink, or other pregnancy-related workplace needs.

Depending on the circumstances, these situations may implicate the Washington Law Against Discrimination (WLAD), federal anti-discrimination laws, or Washington pregnancy accommodation protections.

Legal Remedies for Break Violations

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:

  • Unpaid wages for compensable time worked during an unpaid meal period.
  • Compensation associated with required rest periods that were not properly provided.
  • Overtime wages when additional compensable time causes the employee to exceed applicable overtime thresholds.
  • Additional damages, interest, attorney’s fees, or other remedies when authorized under applicable Washington wage laws.

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.

How to Document a Meal or Rest Break Violation

Spokane meal break lawyersIf you believe your Spokane employer is violating Washington meal or rest period requirements, consider documenting:

  • When you started and ended each shift.
  • When meal and rest periods were scheduled or actually taken.
  • Whether you were required to perform work during a meal period.
  • Whether meal periods were automatically deducted from your recorded hours.
  • Whether required rest periods were provided.
  • Communications with supervisors, managers, or human resources concerning breaks.
  • Copies of schedules, timecards, pay statements, and workplace break policies.

Keeping accurate personal records can be especially helpful when an employer’s timekeeping records do not reflect work performed during unpaid meal periods.

What to Do If You’ve Been Denied Proper Breaks

  1. Document what happened: Keep a record of meal or rest periods that were missed, shortened, interrupted, or spent performing work.
  2. Review your time records: Compare your actual working time with timecards and pay statements, particularly when your employer automatically deducts meal periods.
  3. Communicate with your employer: If appropriate, consider raising the issue in writing with human resources or a supervisor.
  4. Consult with an employment lawyer: An attorney familiar with Washington wage and hour law can help determine whether your rights were violated and what remedies may be available.

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.

Spokane Meal Break Laws

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:

  • The meal period must generally be at least 30 minutes long.
  • Employees must generally receive the meal period between the second and fifth hours of the shift.
  • An unpaid meal period generally requires the employee to be completely relieved from duty.
  • Employees who are required to remain on duty or at a prescribed worksite in the employer’s interest during the meal period generally must be paid for that time.
  • Employees working more than three hours beyond their normally scheduled shift generally must receive an additional 30-minute meal period.

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 Rest Break Laws

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:

  • Rest periods are paid and count as hours worked.
  • Employees generally cannot be required to work more than three consecutive hours without a rest period.
  • The required rest period should provide employees a meaningful opportunity to rest from their work duties.
  • Intermittent rest periods may satisfy the requirement in certain jobs when the nature of the work allows employees to take breaks totaling the required amount of time.

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.

Speak With a Spokane Meal and Rest Break Lawyer

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.

Our Approach

Our Practices are Guided by Integrity. We’ll protect what you deserve.

We work tirelessly and fight tenaciously to hold rights abusers accountable.

If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.

Did You Know?

Meal Breaks
Washington law generally requires employees who work more than five consecutive hours to receive a meal period of at least 30 minutes, which must generally begin between the second and fifth hours of the shift.
Rest Breaks
Employees must generally be provided a paid rest period of at least 10 minutes for every four hours worked and cannot be required to work more than three consecutive hours without a rest period.
Denied Breaks
If your employer fails to provide a required meal period, you may be entitled to compensation for the missed break or for time worked during an unpaid meal period, as well as other remedies available under Washington wage and hour law.

Is It Illegal, or Just Unfair?

Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.

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