Washington State Break Law Lawsuit Investigation: Denied Breaks at Work?

Attorneys working with ClassAction.org are looking into whether class action lawsuits can be filed on behalf of employees in Washington who worked through or missed required rest or meal periods and may not have been paid properly as a result.

The meal break attorneys believe Washington employers in industries such as healthcare, warehouse and manufacturing, last-mile delivery or logistics, IT support, hospitality and more may be out of step with the state’s strict regulations regarding employee rest breaks and meal periods.

Specifically, they are investigating potential violations of a Washington labor law that requires employers to provide workers with a paid 10-minute rest break for every four hours worked, as well as a 30-minute meal period for shifts of more than five consecutive hours. By law, employees must be free from all job duties for the duration of these breaks.

As part of their investigation, the attorneys need to hear from workers in Washington who suspect they weren’t paid properly as a result of missed meal or rest breaks.

What’s the Washington State Break Law?

Under Washington law, employees are entitled to a paid 10-minute rest break, free from all duties, for every four hours worked. According to the Washington State Department of Labor & Industries, rest breaks must be scheduled as near as possible to the midpoint of the work period, and employees cannot be made to work more than three hours without one.

The state department shares that employees can be required to remain on the premises during rest breaks, which count as “hours worked” with respect to sick leave and overtime calculations.

In addition, the Washington break law stipulates that employees must receive a meal period of at least 30 minutes if they work more than five consecutive hours, with the break beginning between two and five hours from the start of the shift.

The state department says meal periods are unpaid and are not considered “hours worked” as long as the employee is relieved of all duties for the entire break, even if they are required to stay on-site. However, workers must be paid for meal periods if they have to remain on duty or on call on the premises and act “in the interest of the employer” during the break, regardless of whether it is interrupted and they are called back to work, the state department explains.

“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,” the Washington department notes, adding that the “entire meal period must be paid regardless of the number of interruptions.”

When it comes to overtime, Washington state labor law provides that employees who work three or more hours longer than a regular workday are entitled to another 30-minute meal break before or during the overtime period.

How Could an Employer Violate Washington State Labor Laws?

Employees sometimes miss or are forced to work through legally required breaks due to staffing shortages or workload, for example. This may result in underpayment if their employer does not, in turn, compensate them for the time worked and/or for the missed break, as required by law. In some cases, 30-minute meal periods are automatically deducted from employees’ hours, even if they are unable to take full breaks.

In March 2023, for example, a lawsuit filed against Motel 6 claimed the hotel chain systematically failed to provide Washington workers with proper rest and meal periods or compensation for missed breaks. The plaintiff, who had formerly worked as a front desk representative and night auditor, said that she was routinely forced to work through her break time due to understaffing and was often unable to clock out during eight- to 10-hour shifts because she was the only employee present to help guests.

The lawsuit contended that no procedure was in place to allow the woman and other employees to log any missed breaks, nor were they given proper pay in lieu of their rest and meal periods.

Attorneys are investigating whether other Washington employers are fully complying with the state’s requirements and providing workers with lawful meal and rest breaks.

I Was Denied Breaks at Work. What Could I Be Owed?

A Washington court ruled in 2024 that if an employee misses a meal period, they must be paid not just for the time they worked during the break but also an additional 30 minutes for each missed meal period.

According to the ruling, this 30-minute penalty pay may be doubled if an employer violates the law willfully.

How Could a WA State Break Law Lawsuit Help?

If filed and successful, class action lawsuits could potentially force Washington employers to make changes to their practices so they’re in step with state law. Washington state break law lawsuits could also help affected employees recover money for any breaks that were worked through without pay.

Got No Lunch Break at Work? Here’s What You Can Do.

Before commenting, please review our comment policy.