No employee shall be required to work more than five consecutive hours without a meal period. 2/ In addition to the States with Standards of general application a 30-minute meal period is required for seasonal farm workers after 5 hours in Pennsylvania , and for migrant workers in Wisconsin after 6 hours. (see WAC 296-131-020). Our work continues with your help. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { The requirements described here apply to non-exempt adults in non-agricultural employment.The Washington Meal and Rest Break RequirementsWashington is one of eight . <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 31 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> WA Dept. For employees with unpaid meal breaks, they should receive 30 consecutive minutes of uninterrupted meal time. In most cases, you need a superior courts permission for minors under 14 to work. Rules for construction trade employees may be superseded by a collective bargaining agreement covering such employees if the terms of the agreement specifically require meal periods and prescribe requirements concerning them. hours without a rest period. } Additionally: Employees cannot be required to work more than 3 hours without a rest break. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Uniform application to all employees except to an employer of a licensed health care facility or an employer who employs less than three people on any shift at the worksite. The .gov means its official. Money may not be everything, but it's definitely something to keep in mind when choosing a career. Which employees are covered by Washington's rest period regulations? The Wage and Hour Division enforces federal labor laws pertaining to work hours, . Under certain circumstances, you may be required to pay residents rates established by the federal or state prevailing wage rates and rules. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} Home Employment and Labor Laws States Washington. By regulation, the recommended standard is hour after 6 consecutive hours' work in factories, mechanical and mercantile establishments and certain service industries, to be given reasonably close to usual meal time or near middle of shift. Break area must be provided with adequate seating and tables in a clean and comfortable environment. For employers, it means a Sept. 30 deadline to renew Parent/School Authorization forms for teens to work during the school year. Moreover, an employer in Washington state is not required to pay an employee for any time spent on jury duty. temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; See FLSA: Overtime for more information regarding overtime requirements. Recording meal time and monitoring time records to ensure non-exempt employees are taking their full 30 minutes. To request permission for specific items, click on the reuse permissions button on the page where you find the item. }); if($('.container-footer').length > 1){ The meal break shall not be scheduled during or before the first hour of scheduled work activity. The position of the Washington Department of Labor & Industries (L&I) is that the "normal work day" for this purpose is the employee's regularly scheduled shift, which may be longer than eight hours. According to Washington labor laws breaks, a business is not mandated to pay for meal periods if the worker is free from any duties for the duration of the meal period. 2 0 obj Division of Fair Labor Standards Act and Child Labor Employees have a right under Washington law to take rest breaks and meal periods. Virtual & Washington, DC | February 26-28, 2023. of Labor & Industries Admin. ), call employees back to duty during their meal period even though they normally are not on call during the meal period, Public employers with a local resolution, ordinance, or rule in effect prior to April 1, 2003, that has provisions for meal and rest periods different from those required by Washington state law, or, Employees of public employers who have entered into collective bargaining contracts, labor/management agreements, or other mutual agreements that specifically vary from or supersede, in part or in total, the rules regarding meal and rest periods, or. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} You are required to certify that you are unemployed on a weekly basis to receive these benefits. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. Minors working on their family farm are exempt from these restrictions. Not applicable if collective bargaining or other written employer-employee agreement provides otherwise. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Time and a half pay required for work during meal hour or fraction thereof, except any employee entitled to a higher rate prior to 1/26/17 may continue to receive that higher rate. Employees who are required to work or remain on duty during a meal break are still entitled to 30 total minutes of mealtime, excluding interruptions. Minors cannot waive their meal break requirement. Exception: Youth 14-17 years old are allowed to work 7 days a week in dairy, livestock, hay harvest, and irrigation during school and non-school weeks. . Prepared By: Division of Fair Labor Standards and Child Labor Wage and Hour Division U.S. Department of Labor Employee may revoke agreement at any time. Such agreements remain valid indefinitely, and neither party may withdraw consent, without the consent of the other, until 1 year after agreements effectiveness. Moreover, at least some of the wages must have been earned in the state of Washington. Teens 16-17 years old who are emancipated by court order do not have hours of work limitations. Meal breaks are required only when two or more employees are on duty. Minimum wage is the lowest amount you can pay an employee per hour of work. Employees who work at least 10 hours in a day are entitled to a second, unpaid 30-minute meal break that must start before the end of the 10th hour of the shift. Federal Government. Policies ES.C.6.1. The minimum wage for a tipped employee is $3.35 per hour. Employees under 18 and agricultural workers have different standards than those listed on this page. The work week for minors is Sunday through Saturday and the school week is Monday through Friday. (5) Where the nature of the work allows employees to take inter-mittent rest periods equivalent to ten minutes for each 4 hours worked, scheduled rest periods are not required. Minors must be allowed a paid rest break, free from duties. Are there recordkeeping requirements for employers under the Shift Break law? An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period, except that if the total hours worked is no more than 12 hours, the second meal period may be waived if the first meal period was not waived. 30 minute noonday period for employees who work shifts of more than 6 hours that extend over the noon day meal period. Breaks that are too short to permit any meaningful rest, including bathroom breaks and brief stops to grab food or drink to consume while working, cannot be counted towards the ten (10) minute break requirement. Employees must be paid for meal breaks if: Employees who are required to work or remain on duty during a meal break are still entitled to 30 total minutes of mealtime, excluding interruptions. Applicable to every employer. Meal breaks generally may be unpaid if employees are relieved of all duties for the entire period. Thats something important for businesses to support by working with parents and schools and actively managing the hours teen work. An additional 20 minutes between 5 p.m. and 7 p.m. for those employed on a shift starting before 11 a.m. and continuing after 7 p.m. 1 hour in factories, 45 minutes in other establishments, midway in shift, for those employed more than a 6-hour period starting between 1 p.m. and 6 a.m. hour, if desired, on each shift exceeding 5 hours. Can an Employer require Workers to stay at the workplace or site during Meal Times or Rest Periods? WA Dept. This is fairly common labor law in many states. Breaks must be scheduled as close to the midpoint of a work period as possible. Please purchase a SHRM membership before saving bookmarks. Employees may be eligible for prevailing wages if they work on federal or state government or government-funded construction projects or perform certain federal or state government services. Excludes newspaper vendor or carrier, domestic or casual labor around private residence, sheltered workshop, and agricultural labor. State Laws Federal Laws Topics Articles Resources. All overtime rules apply for any hours worked over 40 hours in a week. .manual-search ul.usa-list li {max-width:100%;} So if workers clock in at 8 a.m., for example, they must clock out for lunch by 12:59 p.m. They must take a rest break of at least ten minutes for every two hours worked. This standard differs from that adopted by the California Supreme Court inBrinkerRestaurant Corp. v. Superior Court, 53 Cal. Workers are entitled to protection from discrimination. Examples of shorter rest periods includeaccording to Washington Labor Laws Breakseating a snack, making personal phone calls, participating in personal conversations, smoke breaks and sitting idle if there is no work for a few minutes during a shift. Additionally, the employer can only take credit for a maximum of 8 hours of sleep time. If an employee works 8 or more consecutive hours, the employer must provide a 30-minute break and an additional 15 minute break for every additional 4 consecutive hours worked. Rest Breaks Employees must be allowed a paid rest period, free from duties, of at least 10 minutes for every 4 hours worked. No employee shall be required to work more than three hours without a rest period. Collective bargaining agreement takes precedence over meal period requirement. State law requires paid breaks; The employee works through a break time (e.g., if they eat while working) . The entire meal period must be paid regardless of the number of interruptions. If you operate in a state that does not require breaks for meals or rest, anything you decide is an agreement between you and your employees. The spread of hour pay is equal to one hour at the NYS Minimum Wage rate, regardless of the employee's regular rate of pay. All workers must be allowed a paid rest period, free from duties, of at least 10 minutes for every 4 hours worked. Washington state provides employees with paid sick leave as mandated by law. A parent (must be listed on a birth certificate). Regulations on Meal Periods. x=]sH+in~Nr|*xhH_ MJmYIh||eY6?.?/i^M^W/5KYx_I)?"]~u$~}JG"r^}_EbZ;1>~p,]4OeR+uP9nH/+:2e"6lx./m9+[l?O=sWM. Meal periods are not compensable work time. Training employees and managers about break requirements. Counted as worktime if employee is required to remain on duty on premises or at a prescribed worksite. The public employer may continue to follow the CBA until its expiration. Employers must provide a 30-minute meal period for each five (5) consecutive hours they work in a workday. Minors 14 and 15 may not work more than 40 hours a week. Employers are not, however, strictly liable for missed meal breaks, the court stated, because under Washington law employees may waive their meal breaks.