Meal and Rest Periods Law Summaries
Washington, Meal and Rest Periods Law Summaries
Washington's meal and rest period requirements for employees are located in the Washington Administrative Code. There are also rest period requirements for railroad employees in the Revised Code of Washington at Title 81, Chapter 81.40.
Additionally, public and private employers must provide a convenient, sanitary, safe, and private location, other than a restroom, for breastfeeding or expressing breast milk, in order to be considered “infant-friendly.” Also, employers seeking approval of a workplace breastfeeding policy must submit the policy to the Department of Health. This law is to be codified in the Revised Code of Washington at Title 43, Chapter 43.60 (enacted by H. 1590, L. 2001, effective July 22, 2001). The full text of the law is available beginning at Employment Practices Guide ¶50-22,650 .
WHAT THE EMPLOYER MUST DO
Meal periods
Employees must be allowed a meal period of at least 30 minutes that commences no less than two hours nor more than five hours from the beginning of the shift. Meal periods are on the employer's time when the employee is required by the employer to remain on duty on the premises or at a prescribed work site in the interest of the employer (Wash AdminCode 296-126-092).
No employee may be required to work more than five consecutive hours without a meal period (Wash AdminCode 296-126-092).
Employees working three or more hours longer than a normal work day must be allowed at least one 30-minute meal period prior to or during the overtime period (Wash AdminCode 296-126-092).
Minors.- Since the purpose of meal periods is to provide rest from work, they must not be scheduled near the beginning of the work shift. The following specific regulations apply to minors who are 14 and 15 years old (Wash AdminCode 296-125-0285, effective January 31, 1999):
They must not work more than four hours without being given a meal period. This meal period must be at least 30 minutes in length and be separate and distinct from, and in addition to, mandated rest breaks.
When they work four-hour periods, they cannot be required to work more than two hours without being given either a 10-minute rest break or a 30-minute meal period.
The following regulations apply to meal periods for minors who are 16 and 17 years old (Wash AdminCode 296-125-0287, effective January 31, 1999):
They must be allowed meal periods of at least 30 minutes in length.
Their meal periods must start no less than two hours but no more than five hours from the beginning of their work shift.
They must not be required to work more than five consecutive hours without a meal period.
Agricultural employees.- Agricultural employees may not work more than five hours without a meal period of at least 30 minutes. If an employee works 11 or more hours in a day, one additional 30-minute meal period must be provided (Wash AdminCode 296-131-020).
Public employees.- Employees of public employers may enter into collective bargaining contracts, labor/management agreements, or other mutually agreed to employment agreements that specifically vary from or supersede, in part or in total, rules adopted under the sick leave and parental leave laws regarding appropriate meal periods (Sec. 49.12.187, as amended by Ch. 401 (S. 6054), L. 2003).
Rest periods
Employees must be allowed a rest period of not less than 10 minutes, on the employer's time, for each four hours of working time. Rest periods must be scheduled as near as possible to the midpoint of the work period. No employee may be required to work more than three hours without a rest period (Wash AdminCode 296-126-092).
Where the nature of the work allows employees to take intermittent rest periods equivalent to 10 minutes for each four hours worked, scheduled rest periods are not required (Wash AdminCode 296-126-092).
Minors.- Since the purpose of rest breaks is to provide rest from work, they must not be scheduled near the beginning of the work shift. The following specific regulations apply to minors who are 14 and 15 years old (Wash AdminCode 296-125-0285, effective January 31, 1999):
They must be given, on the employer's time, a rest break of at least 10 minutes for every two hours worked.
When they work four-hour periods, they cannot be required to work more than two hours without being given either a 10-minute rest break or a 30-minute meal period.
The following regulations apply to rest periods for minors who are 16 and 17 years old (Wash AdminCode 296-125-0287, effective January 31, 1999):
They must be allowed a rest period of not less than 10 minutes, on the employer's time, for each four hours worked.
Their rest periods must be scheduled as near as possible to the midpoint of the work period.
They must receive a rest period at least every three hours.
Railroads.- Employees engaged in or connected with the movement of any train who have been on duty for 12 consecutive hours cannot be returned to work until they receive a rest period of at least 10 hours off duty. Employees on duty for a total of 12 nonconsecutive hours in any 24-hour period must be given at least eight hours off duty within that 24-hour period before being returned to work. Exception is made when a casualty occurs after the employee started on his or her trip; or if there is an accident or unavoidable delay of trains scheduled to make a connection with the train on which the employee is serving, preventing the employee from reaching his or her terminal (Sec. 81.40.040).
Public employees.- Employees of Tacoma Community College and the Higher Education Personnel Board must be given rest breaks of not less than 10 minutes for each four hours of work. In an eight-hour workday, an employee must get two rest breaks even if the shift is unequally divided (Wash AdminCode 132V-12-084 and 251-09-110).
Employees of public employers may enter into collective bargaining contracts, labor/management agreements, or other mutually agreed to employment agreements that specifically vary from or supersede, in part or in total, rules adopted under the sick leave and parental leave laws regarding appropriate rest periods (Sec. 49.12.187, as amended by Ch. 401 (S. 6054), L. 2003).
Agricultural employees.- Agricultural employees must be allowed a 10-minute rest period for each four hours worked (Wash AdminCode 296-131-020).
Nursing mothers.- The right of a mother to breastfeed her child in any place of public resort, accommodation, assemblage, or amusement is declared to be a civil right (Sec. 49.60.030, as amended by H. 1596, L. 2009).
It shall be an unfair practice for any person or the person's agent or employee to commit an act which directly or indirectly results in any distinction, restriction, or discrimination, or the requiring of any person to pay a larger sum than the uniform rates charged other persons, or the refusing or withholding from any person the admission, patronage, custom, presence, frequenting, dwelling, staying, or lodging in any place of public resort, accommodation, assemblage, or amusement, except for conditions and limitations established by law and applicable to all persons, regardless of status as a mother breastfeeding her child (Sec. 49.60.030, as amended by H. 1596, L. 2009).
An employer may use the designation “infant-friendly” on its promotional materials if the employer has an approved workplace breastfeeding policy addressing at least the following (Sec. 3, H. 1590, L. 2001, effective July 22, 2001):
Flexible work scheduling, including scheduling breaks and permitting work patterns that provide time for expression of breast milk;
A convenient, sanitary, safe, and private location, other than a restroom, allowing privacy for breastfeeding or expressing breast milk;
A convenient clean and safe water source with facilities for washing hands and rinsing breast-pumping equipment located in the private location specified just above; and
A convenient hygienic refrigerator in the workplace for the mother's breast milk.
Employers seeking approval of a workplace breastfeeding policy must submit the policy to the Department of Health. The department will review and approve those policies that meet the requirements of this section (Sec. 3, H. 1590, L. 2001, effective July 22, 2001).
For the purposes of this section, “employer” includes those employers defined in RCW 49.12.005 and also includes the state, state institutions, state agencies, political subdivisions of the state, and municipal corporations or quasi-municipal corporations (Sec. 3, H. 1590, L. 2001, effective July 22, 2001).
WHO TO CONTACT
Contact the Washington Department of Labor and Industries at P.O. Box 44000, Olympia, WA 98504-4000. Telephone: (360) 956-5800.
RECORDKEEPING
An employer is responsible for obtaining and maintaining on file for three years from the last date of employment descriptions of specific meal and rest periods for minor employees (Wash AdminCode 296-125-050(2)).
PENALTIES
Common carriers, officers or agents violating any provision of Sec. 81.40.040, regarding rest periods for railroad employees, are guilty of a misdemeanor. Upon conviction, such violators are subject to a penalty of $100 to $1,000 for each and every violation (Sec. 81.40.050).
<p>Common carriers, officers or agents violating any provision of Sec. 81.40.040, regarding rest periods for railroad employees, are guilty of a misdemeanor.</p>
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