WA Dept. Employers are not required to pay for meal periods if employees are free from any duties for their entire meal period. Firefox, or Internet Explorer 11 is no longer supported. See Fair Wages FAQ, Exempt Employees, and Employees Rights 101 for more information. The worker—according to Washington Labor Laws Breaks—must be at least two hours into the shift before the meal period can start. If you have questions about wage and hour laws in Washington, it's best to contact a local employment law attorney who can explain the effects that these laws have on your specific situation. Employees may also be kept on call between shifts. Information about Washington sick leave laws may now be found on our Washington Leave Laws page. Washington law requires 1 10 minute paid break for every 4 hours worked, to occur no later than the 3rd hour of the 4 hour section. See Pellino v. Brink’s, 267 P.3d 383 (2011). The statutory meal and rest requirements do not apply to: Employers must provide employees who are 16 and 17 years old meal periods as follows: Employers must provide employees who are 16 and 17 years old rest periods as follows: Employers must provide employees who are 14 and 15 years old meal and break periods as follows: Washington labor laws require agricultural employer to provide employees an unpaid meal period of at least 30 minutes when they are employed more than five (5) hours in a shift. Washington employers must pay their hourly employees at least once a month. Break times are also not guaranteed by law which means workers performing tasks for extended periods of … Hello , general enquiry about working hours, I'm on an afters shift start at 2pm finish at 10pm, iv done a 40 hour shift this week but I'm wondering what's the legal break, rest to have between shifts as iv been told I can come in on the weekend after finishing on the Friday night at 6am to do a 12 hour … Workers putting in a 12-hour shift reasonably expect a meal time … Several states limit the total number of hours a minor may work in a week during times when school is in session. Policy ES.C.6.1. Employers must provide … File a complaint online or call 1-866-219-7321. Employees working more than 3 hours beyond their scheduled shift are entitled to additional meal periods. Washington’s current minimum wage is $12.00. Employers must allow employees who are 14 and 15 years old to take paid rest breaks of at least ten (10) minutes for every two (2) hours they work. Consult your state’s child labor laws … Are you a legal professional? Information about Washington jury duty leave laws may now be found on our Washington Leave Laws page. L&I handles safety & health, wage & hour, and some other types of workplace discrimination. Stay up-to-date with how the law affects your life, Name The Wage and Hour Division enforces federal labor laws pertaining to work hours, such as: Federal minimum wage Overtime pay Recordkeeping Child labor requirements of the Fair Labor Standards Act (FLSA) Government Contractors The Wage and Hour Division also enforces labor … Complaints may also be filed with the following agency: U.S. Labor Department - Wage and Hour … Washington’s labor law allows employers in the construction trades and bargaining representatives to agree to provide meal periods that are less favorable than those required by Washington’s meal period requirements as long as the collective bargaining agreement specifically requires rest and meal periods and set forth the conditions for the rest and meal periods. The workweek may begin at any hour on any calendar day. in fact, … I thought there was a law stating that you must schedule 8 hours off between shifts. However, the FLSA does require that covered, nonexempt workers be paid not less than time and one-half the employee's … Then I'm scheduled to open the store Sunday at 7:30 am. Employees of an air carrier when such hours are voluntarily worked pursuant to a shift-trading practice. ... Washington state law for hours … of Labor: Understanding Overtime. 1) Fair Labor Standards Act (FLSA) (Federal). Many American workers spend over 40 hours a week at work and almost 15 million work full time on evening, night, rotating or other irregular shifts… Offer additional work hours to current employees by posting notice of available hours for three days and offering the hours to qualified, current employees before hiring new employees (unless an exception applies). Forest protection and fire prevention activities. A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. The rest periods must be scheduled as near as possible to the midpoint of the four (4) work period. For more information on Washington’s minimum wage laws, visit our Washington Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing and pooling, and subminimum wages. Employers must provide employees with a 30-minute meal period for each five (5) consecutive hours they work in a workday. On a farm, in the employ of any person, in connection with the cultivation of the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and furbearing animals and wildlife, or in the employ of the owner or tenant or other operator of a farm in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment; or. The meal period cannot start more than five hours once … 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. This determination is made on a case-by-case basis. Policy ES.C.6.1. See State vs. Federal "White Collar" Overtime information. Public employers may also enter into collective bargaining agreements that provide less favorable meal period requirements. 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. They must show in good cause that the variance is needed due to the nature of the work. Employers must provide employees who work eleven or more hours in a day at least one (1) additional 30-minute meal. Information about Washington vacation leave laws may now be found on our Washington Leave Laws page. of Labor, may set overtime pay requirements for occupations or industries exempted by state law. WA Admin. Below is an overview of the minimum wage and overtime pay laws that apply to workers in the state of Washington. An employer may pay wages by cash, check, direct deposit or prepaid payroll card so long as the employee consents and without any fees or costs to the employee. ), 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 mutually agreed to employment agreements that specifically vary from or supersede, in part or in total, the rules regarding meal and rest periods, or. Employees must, with two exceptions, receive at least eight hours free from work between shifts, whether they are "split shifts," "on call shifts," "back-to-back" shifts or ordinary daily shifts. Intermittent rest periods are periods of time shorter than ten (10) minutes, usually unscheduled, in which employees are allowed to rest, relax, and engage in brief personal activities while relieved of all work duties. Workers must be at least 2 (two) hours into the shift before the meal time can start. Washington labor laws require employers, not including agricultural employers, to provide employees who are 18 years old and older a paid rest break of at least ten (10) minutes for each four (4) hours worked. If an employer chooses to provide severance benefits, it must comply with the terms of its established policy or employment contract. We recommend using Is there a Penalty for Failing to Follow Pay Day Laws? In these situations, employers are required to provide scheduled ten (10) minute rest breaks. Employees must be paid on a regular schedule at least once a month. Most workers who are paid an hourly wage and work more than 40 hours in a 7-day work week must be paid overtime. The Fair Labor Standards Act (FLSA) does not require extra pay for night work. Is there a Penalty for Failing to Follow Pay Day Laws? If more than 5 hours are worked in a shift workers must be allowed at least a 30-minute meal period. In addition, the new law requires employers to provide employees with a minimum 10-hour rest period between shifts “[u]nless the employee requests or consents” to a shorter rest period. When is an Employee Entitled to Overtime Pay? Washington labor laws require agricultural employer to provide employees an unpaid meal period of at least 30 minutes when they are employed more than five (5) hours in a shift. Failure to pay the legal minimum wage and other violations may result in payment of back wages and civil or criminal action where warranted. It's important that your employer observes all applicable employment laws. Presently, no OSHA standard to regulate extended and unusual shifts in the workplace exists. This covers rules on minimum annual leave, weekly rest breaks and minimum time between shifts, writes Peninsula’s Kate Palmer. For subsequent meal periods, employers must allow employees to take them sometime after the initial five (5) hour work period has ended. Holiday, Vacation & Bereavement Leave Washington State does not require employers to provide leave or … of Labor and Industry Admin. WA Dept. The Washington Department of Labor and Industries define a workweek as a fixed and regularly recurring period of 168 hours during seven consecutive 24-hour period. In certain circumstances, employers who have a business need may require employees to remain on call during their rest periods as long as employees remain free to use the time as they see fit. Employers may apply with the Washington Department of labor and Industries for a variance from meal and rest period requirements. WA Dept. Human Resource Blog Where HR Professionals Seek Answers A Practical Source For Your Daily HR Needs.Lets Build An HR Blog Community Together! Any shift that goes beyond this standard is considered to be extended or unusual.Emergency situations, times of business transition, and when resources are scarce often require longer shifts. In packing, packaging, grading, storing, or delivering to storage, or to market or to a carrier for transportation to market, any agricultural or horticultural commodity; but only if such service is performed as incident to ordinary farming operations. of Labor and Industry Admin. WA Admin. Employers may agree, upon requests from employees, to allow them to waive their meal periods, although employers are not required to do so. During the rest periods, employees must be free from all work duties, exertions, and activities. WA Dept. The minimum amount of time off that should be provided to a worker is set out in the Working Time Regulations 1998. Once an employer establishes a workweek it generally must remain fixed. Although it's a common misconception that employers are required to give employees eight hours off between shifts, there is no federal law regulating this for general industries. The email address cannot be subscribed. Most Washington state workers who are paid an hourly wage and work more than 40 hours in a 7-day work week must be paid overtime. For example, if an employee works twelve (12) consecutive hours in a workday, the employer would be required to provide that employee two (2) 30-minute meal breaks. Private actions to enforce Washington’s wage and hour laws, and recover unpaid overtime due to workers, are commonly brought (on a contingent fee basis) by employment law firms such as The Lore Law … When paying overtime, a business must pay at least one and one-half times the worker’s regular hourly rate. Time off between work shifts is valuable to employees for a variety of reasons, including the need for sufficient rest and to avoid excessive fatigue. Employees at any time may revoke their waiver or choose to take a meal period in spite of the waiver. Rest between shifts … If a shift is 6-7 hours long, then the employee must be given the break between the second and fifth hours of the shift. Casual labor in or about private residences such as babysitters or neighborhood kids or adults that go to residents in the area and mow lawns, rake leaves or use a snow blower to remove snow even when they are paid for this work. Motion picture projectionists under collective bargaining agreement or other contract. When employees who are 14 and 15 years old work four-hour periods, employee cannot required them to work more than two (2) hours without giving them either a ten (10) minute rest break or a thirty (30) minute meal period. Some industries have regulations that require breaks between shifts for certain job categories. Employers must provide rest periods at least every three (3) hours. Sign up for Employment Law Handbook’s free email updates to stay informed. Construction trades include, but are not limited to, employees working in construction, alteration, or repair of any type of privately, commercially, or publicly-owned building, road, or parking lot, erecting playground or school year equipment, or other related industries where the employees are in a recognized construction trade covered by a CBA. What is the Washington state law for hours off in between shifts? Also, when employers require employees to work for part or all of their scheduled meal periods, the employers must pay employees for the entire meal period, not just the portions they were required to work. of Labor and Industry Admin. Employers must pay employees for their meal period when the employers: When employee’s meal periods are interrupted due to work, employers must ensure that those employees receive 30 total minutes of mealtime. Examples of professions that required constant mental or physical exertion include armored truck drivers and production line workers. Policy ES.C.6.1. As for the breaks, your employer is definitely breaking the law. Employers may require employees to remain on their premises during the rest period. Employers must provide the first meal period at least two (2) hours into each five (5) consecutive work period. Labor Law on Time Between Shifts. Employers, not including agricultural employers, must provide employees who are 18 years old and older at least one thirty (30) minute meal period when they work at least five (5) consecutive hours in a workday. Employers should attempt to schedule employees rest periods as close to the midpoint of the four (4) hours work period as possible. of Labor and Industry Admin. WA Admin. What are WA labor laws regarding how long between shifts? The public employer may continue to follow the CBA until its expiration. Employer may not require employees to work more than five (5) consecutive hours without a meal period. WA Dept. Information about Washington holiday leave laws may now be found on our Washington Leave Laws page. When paying overtime, a business must pay at least one and one-half times the worker’s regular hourly rate. When employees work at least three (3) hours past the time they normally end their workday, employers must provide them an additional 30-minute meal period. However, if employers require employees to remain on the premises during meal periods for the employers’ own interests (being on call, responding to phone calls or service requests, etc. Search. Employment laws can change at a moments notice. Agricultural activity is defined as services performed: Agricultural activity does not include employment in commercial packing houses, commercial storage establishments, commercial canning, commercial freezing, or any other commercial processing with respect to services performed in connection with the cultivation, raising, harvesting and processing of oysters or raising and harvesting of mushrooms or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption. Under the state of Ohio labor laws, there is no legal limit on how much time has to elapse between an employee’s shifts. Most Washington employers are subject to both federal and state minimum wage and overtime laws. The meal period must be separate and distinct from, and in addition to, any rest breaks. Want To Share Your HR Knowledge Or Gain Knowledge Through Other Professionals?Lets Discuss HR! Copyright © 2020, Thomson Reuters. Information about Washington voting leave laws may now be found on our Washington Leave Laws page. Seasonal employees at agricultural fairs if the worker has not worked more than 14 days per year. ***Workers not covered under Washington's overtime laws may still be entitled to protection under federal law***, Washington State Department of Labor & Industry. I'm scheduled to close the store Sat night, so I won't be out of there until about 2:00 am Sunday. In these situations, scheduled 10-minute rest periods are not required. All rights reserved. Any individual whose duties require that he or she resides or sleeps at the place of his or her employment or who otherwise spends a substantial amount of time on call and not engaged in the performance of active duties. See Pellino v. Brink’s, 267 P.3d 383 (2011). Executive, Administrative, Professional, Computer Professional and Outside Sales; workers who are paid on a salary basis and meet specific duties requirements. Also, employers must allow employees to take rest periods no later than the end of the third hour of each four (4) hours work period. Additional 30-minute meal periods must be given within five hours from the end of the first meal period and for each additional five hours … Cash, Check and Direct Deposit or Payroll Debit Card. Employers may request employees to submit their requests to waive their meal periods in writing. Related topic covered on other pages include: Washington labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1½ times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek. Code 296-126-092, WA Dept. The minimum wage for employees in Washington is $11.50 per hour. Policy ES.C.6.1. The meal time cannot start more than 5 hours after the beginning of the shift. Workers employed on farms or ranches, or in any agricultural or horticultural business that packs, packages, grades, stores, or delivers to market such products, or any commercial business in canning, freezing, processing or transporting these products, or in cultivating, raising, harvesting or processing oysters. When paying overtime, a business must pay at least one and one-half times the worker’s regular hourly rate. The meal periods must start no less than two (2) hours but no more than five (5) hours from the beginning of their work shift. The regulations cover the amount of break time … In some cases, scheduling a minor to work with less than 12 hours between shifts may conflict with state child-labor restrictions. An eight-hour workday is standard for most workers, with time given for lunch and one or two short rest breaks. Long work hours and irregular work shifts are common in our society. ), the employees are considered to be on duty and employers must pay them for their meal period. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Being free from all duties does not necessarily mean that employers are required to allow employees to leave the work premise so long as the employers allow employees to use their time as they wish. Additionally, employers must allow employees to take their meal periods no later than at the end of each five (5) hour period worked. The effect of this dual coverage is that the employer must follow the higher standard, meaning the one most beneficial to the employee, when there are differing requirements in the laws. Non-exempt employees must be given a meal break of at least 30 minutes for every shift that is 6 hours or longer. If a shift is longer than 5 hours, there must be an unpaid 30 minute meal break, to occur between the 2nd and 5th hours … The scheduled rest period requirement applies to employers unless they allow employees to take intermittent rest breaks equivalent to ten (10) minutes for each four (4) hours worked. When employers call employees to work during their rest periods, the rest period converts to an intermittent rest period and employers must ensure that the employees subsequently receive enough break time to meet the ten (10) minute requirement. Washington labor law does not allow employers and bargaining representatives to agree to provide rest periods to employees that are less favorable than those required by Washington’s rest period requirements. It is the responsibility of the employer to determine liability under both laws. Code 296-131-020(1), Agricultural employers must allow employees to take a paid ten (10) minute rest period during each four (4) hour work period. Most Washington state workers who are paid an hourly wage and work more than 40 hours in a 7-day work week must be paid overtime. For purposes of this requirement, a normal workday is the shift an employee is regularly scheduled to work. Learn How Washington Wage and Hour Laws Affect You by Speaking to a Lawyer. See FLSA: Overtime for more information regarding overtime requirements. | Last updated December 06, 2018. Please try again. Washington labor laws do not require employers to provide employees with severance pay. Minimum Rest Period Between Shifts. Washington minimum wage laws do not specifically address what constitutes a workweek. Pay time-and-a-half for any hours worked between closing and opening shifts … Seaman on American or foreign vessel. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Employers must pay time … Vessel operating crews of WA State ferries operated by DOT. Though California does not have any laws regarding time between shifts, it does have laws requiring employers to pay overtime for hours worked beyond the standard eight-hour workday. Typically, employees work eight-hour workdays, but most employees can be required to work up to 12 hours per workday. They must allow employees to take meal periods that are at least thirty (30) minutes in length. Inmate, resident, or patient of any state, county, or municipal correctional, detention, treatment, or rehab institution. An employer may change the workweek if the change is meant to be permanent and not intended to evade overtime … Public employers with collective bargaining agreements (CBA) in effect prior to April 1, 2003 that provide for meal and rest periods that are different from the state requirements. Hourly Employees: $11.50 per hour, applies to workers in both agriculture and non-agricultural jobs, although 14- and 15-year-olds may be paid 85% of the minimum wage ($9.78). That's less than 6 hours between shifts and I'll only get about 4 hours of sleep. (a) An employee is scheduled to work a shift in which the majority of hours worked daily or weekly are between 6:00 p.m. and 6:00 a.m.; or (b) An employee is scheduled to work a shift which is split with a minimum of four intervening hours … Employers are not allowed to use intermittent rest periods when the nature of employees’ work requires employees to engage in constant mental or physical exertion. Here, we will focus on Washington state law including pay day requirements (frequency and manner), minimum wages and overtime pay. After all, these laws are in place to protect the worker from being taken advantage of by an employer. Yes. Employers must allow employees who are 16 and 17 years old to take a paid rest period of not less than ten (10) minutes for each four (4) hours worked. Employers may not allow employees who are 14 and 15 years old to work more than four (4) hours with being given a meal period lasting at least 30 minutes. Code 296-131-020(2). Please be aware that state employment laws are constantly changing. Microsoft Edge. What Are the OSHA Requirements for Breaks During a 12-Hour Shift?. Youth camps with child care responsibilities in development of character, citizenship, or health and physical fitness, for example YMCA, scout or church camps. For example, if an employee is scheduled to work 10 hours in a day as part of an alternative work schedule and ends up working 12 hours, the additional 2 hours would be paid time … An agricultural employer is any person, firm, corporation, partnership, business trust, legal representative, or other business entity that engages in any agricultural activity in this state and employs one or more employees. The Fair Labor Standards Act, which is administered by the U.S. Dept. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. WA Dept. of Labor: Understanding Overtime, require or allow employees to remain on duty, require employees to remain on work premises for the employers’ own interest (being on call, responding to phone calls or service requests, etc. Provision of rest between shifts: If nurses or techs accept overtime and work for more than twelve hours (including non-overtime hours), they must be given the option for at least eight hours of … Volunteers for a profit or nonprofit educational, charitable or religious organization or government agency. Tipped Employees: Businesses may not use tips as credit toward minimum wages owed to a worker. Subsequent collective bargaining agreements may provide for meal and rest periods that are specifically different, in whole or in part, from the requirements of the state law. of Labor: Severance. If the shift is longer than 7 hours, then the break must be given between the third and sixth hours. Federal labor law places no limitations on how many hours an adult may work during any one day and does not place mandatory minimums on the hours between shifts. Google Chrome, Visit our professional site », Created by FindLaw's team of legal writers and editors Failure to pay the legal minimum wage and work more than five ( 5 ) consecutive hours they work a. Periods that are at least a 30-minute meal period hours between shifts for certain categories. Their requests to waive their meal period at least once a month Fair wages FAQ, employees... Agreements that provide less favorable meal period constantly changing the shift an is! Typing to search, use arrow keys to navigate, use arrow keys to navigate, use enter select. Minimum time between shifts, county, or Microsoft Edge on duty and must! Be allowed at least one and one-half times the worker from being taken of! 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