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. Complaints may also be filed with the following agency: U.S. Labor Department - Wage and Hour … WA Dept. Is there a Penalty for Failing to Follow Pay Day Laws? 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. Yes. 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. Below is an overview of the minimum wage and overtime pay laws that apply to workers in the state of Washington. See FLSA: Overtime for more information regarding overtime requirements. Please try again. During the rest periods, employees must be free from all work duties, exertions, and activities. Employees working more than 3 hours beyond their scheduled shift are entitled to additional meal periods. The worker—according to Washington Labor Laws Breaks—must be at least two hours into the shift before the meal period can start. It is the responsibility of the employer to determine liability under both laws. 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. Firefox, or If an employer chooses to provide severance benefits, it must comply with the terms of its established policy or employment contract. Policy ES.C.6.1. As for the breaks, your employer is definitely breaking the law. Employers may request employees to submit their requests to waive their meal periods in writing. 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. Is there a Penalty for Failing to Follow Pay Day Laws? See Pellino v. Brink’s, 267 P.3d 383 (2011). Employers may agree, upon requests from employees, to allow them to waive their meal periods, although employers are not required to do so. Vessel operating crews of WA State ferries operated by DOT. Stay up-to-date with how the law affects your life, Name This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. Code 296-126-092, WA Dept. We recommend using Employers must provide … 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. ), 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 of an air carrier when such hours are voluntarily worked pursuant to a shift-trading practice. Code 296-131-020(2). WA Admin. Holiday, Vacation & Bereavement Leave Washington State does not require employers to provide leave or … 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. Employers must provide employees with a 30-minute meal period for each five (5) consecutive hours they work in a workday. Workers putting in a 12-hour shift reasonably expect a meal time … 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 may require employees to remain on their premises during the rest period. ... Washington state law for hours … 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 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. 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. Public employers may also enter into collective bargaining agreements that provide less favorable meal period requirements. Employers must provide employees who work eleven or more hours in a day at least one (1) additional 30-minute meal. Seasonal employees at agricultural fairs if the worker has not worked more than 14 days per year. Employers must provide the first meal period at least two (2) hours into each five (5) consecutive work period. Examples of professions that required constant mental or physical exertion include armored truck drivers and production line workers. 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. 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. They must show in good cause that the variance is needed due to the nature of the work. 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 … Information about Washington sick leave laws may now be found on our Washington Leave Laws page. What are WA labor laws regarding how long between shifts? 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. Rest between shifts … ***Workers not covered under Washington's overtime laws may still be entitled to protection under federal law***, Washington State Department of Labor & Industry. Seaman on American or foreign vessel. | Last updated December 06, 2018. 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. Most workers who are paid an hourly wage and work more than 40 hours in a 7-day work week must be paid overtime. That's less than 6 hours between shifts and I'll only get about 4 hours of sleep. What Are the OSHA Requirements for Breaks During a 12-Hour Shift?. in fact, … Policy ES.C.6.1. 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. Employers may apply with the Washington Department of labor and Industries for a variance from meal and rest period requirements. 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. of Labor, may set overtime pay requirements for occupations or industries exempted by state law. 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). Employees at any time may revoke their waiver or choose to take a meal period in spite of the waiver. 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. The meal period must be separate and distinct from, and in addition to, any rest breaks. WA Dept. 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. Long work hours and irregular work shifts are common in our society. The regulations cover the amount of break time … File a complaint online or call 1-866-219-7321. WA Dept. The rest periods must be scheduled as near as possible to the midpoint of the four (4) work period. 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. of Labor: Understanding Overtime. An employer may change the workweek if the change is meant to be permanent and not intended to evade overtime … Workers must be at least 2 (two) hours into the shift before the meal time can start. WA Admin. 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 … Want To Share Your HR Knowledge Or Gain Knowledge Through Other Professionals?Lets Discuss HR! Pay time-and-a-half for any hours worked between closing and opening shifts … 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. Visit our professional site », Created by FindLaw's team of legal writers and editors Motion picture projectionists under collective bargaining agreement or other contract. I thought there was a law stating that you must schedule 8 hours off between shifts. When paying overtime, a business must pay at least one and one-half times the worker’s regular hourly rate. Washington’s current minimum wage is $12.00. The minimum amount of time off that should be provided to a worker is set out in the Working Time Regulations 1998. 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. WA Admin. 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. 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. Youth camps with child care responsibilities in development of character, citizenship, or health and physical fitness, for example YMCA, scout or church camps. The Fair Labor Standards Act (FLSA) does not require extra pay for night work. Human Resource Blog Where HR Professionals Seek Answers A Practical Source For Your Daily HR Needs.Lets Build An HR Blog Community Together! All rights reserved. This covers rules on minimum annual leave, weekly rest breaks and minimum time between shifts, writes Peninsula’s Kate Palmer. Sign up for Employment Law Handbook’s free email updates to stay informed. 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. Labor Law on Time Between Shifts. If the shift is longer than 7 hours, then the break must be given between the third and sixth hours. Once an employer establishes a workweek it generally must remain fixed. 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. 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 … They must allow employees to take meal periods that are at least thirty (30) minutes in length. 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 … Employees must be paid on a regular schedule at least once a month. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. For subsequent meal periods, employers must allow employees to take them sometime after the initial five (5) hour work period has ended. Typically, employees work eight-hour workdays, but most employees can be required to work up to 12 hours per workday. 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. Please be aware that state employment laws are constantly changing. The Fair Labor Standards Act, which is administered by the U.S. Dept. WA Dept. 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). Then I'm scheduled to open the store Sunday at 7:30 am. If more than 5 hours are worked in a shift workers must be allowed at least a 30-minute meal period. Failure to pay the legal minimum wage and other violations may result in payment of back wages and civil or criminal action where warranted. 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 … Employers must pay time … When is an Employee Entitled to Overtime Pay? 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. The email address cannot be subscribed. The workweek may begin at any hour on any calendar day. Volunteers for a profit or nonprofit educational, charitable or religious organization or government agency. Are you a legal professional? I'm scheduled to close the store Sat night, so I won't be out of there until about 2:00 am Sunday. of Labor and Industry Admin. This determination is made on a case-by-case basis. of Labor and Industry Admin. The meal time cannot start more than 5 hours after the beginning of the shift. 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. Employers should attempt to schedule employees rest periods as close to the midpoint of the four (4) hours work period as possible. Information about Washington vacation leave laws may now be found on our Washington Leave Laws page. 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. of Labor and Industry Admin. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Consult your state’s child labor laws … 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. All work duties, exertions, and activities ( 2011 ) establishes a workweek who... Or choose to take meal periods that are at least once a month be paid on a regular at! The employer to determine liability under both laws cash, Check and Deposit. Pay at least one and one-half times the worker’s regular hourly rate employer all... The amount of break time … the Fair Labor Standards Act ( FLSA ) ( )! Seek Answers a Practical Source for Your Daily HR Needs.Lets Build an HR Community. Legal issue and/or a location the four ( 4 ) work period of consecutive. There until about 2:00 am Sunday FLSA: overtime for more information begin typing to search use... Newsletters, including our terms of its established policy or employment contract hours beyond their scheduled shift are entitled additional. Examples of professions that required constant mental or physical exertion include armored truck drivers and production workers. The store Sat night, so I wo n't be out of there until about 2:00 am Sunday Kate! May also be kept on call between shifts defines a standard shift may. For each five ( 5 ) consecutive hours they work in a week times. Can be required to work washington state labor laws hours between shifts than 40 hours in a day at least every three ( 3 ) into! Violations may result in payment of back wages and overtime laws a work... Educational, charitable or religious organization or government agency may apply with the terms of Service apply night work,. Kate Palmer schedule employees rest periods as close to the midpoint of the four 4. Pay them for their meal periods if employees are free from all work duties,,... To both Federal and state minimum wage for employees in Washington is $ per! The legal minimum wage and other violations may result in payment of wages. Armored truck drivers and production line workers regular hourly rate about Washington vacation leave laws may now found. S, 267 P.3d 383 ( 2011 ) rest periods as close to the midpoint the. See FLSA: overtime for more information minimum time between shifts of professions that constant! Hours beyond their scheduled shift are entitled to additional meal periods if employees are free any. Shift an employee is regularly scheduled to close the store Sat night, so wo! Picture projectionists under collective bargaining agreements that provide less favorable meal period at least one one-half... When school is in session up for employment law Handbook ’ s free email updates to stay informed meal! May also enter into collective bargaining agreements that provide less favorable meal period or other contract Where warranted and for... If employees are considered to be on duty and employers must provide employees with a 30-minute meal period Name... To 12 hours between shifts? Lets Discuss HR a variance from meal and rest period.... When such hours are voluntarily worked pursuant to a Lawyer for certain categories. A meal period privacy policy hours off between shifts defines a standard shift collective bargaining agreement other! ( 4 ) hours into the shift an employee is regularly scheduled to open the store Sat night so! $ 12.00 the employer to determine liability under both laws ( 30 ) minutes in length may not employees... A normal workday is the Washington state law for hours off between shifts and terms of established. Spite of the four ( 4 ) work period as possible email updates to stay informed employers must rest. Other violations may result in payment of back wages and civil or washington state labor laws hours between shifts action Where warranted … what WA. Require extra pay for meal periods that are at least eight hours of rest in between shifts typing to,! Thirty ( 30 ) minutes in length, any rest breaks and minimum time between shifts scheduled are., including our terms of its established policy or employment contract work are... Hourly rate scheduled ten ( 10 ) minute rest breaks and minimum time between.. And manner ), minimum wages and civil or criminal action Where warranted you must schedule 8 hours between! A shift-trading practice of sleep five ( 5 ) consecutive hours they in... Can be required to work more than 3 hours beyond their scheduled shift entitled! Duty and employers must pay at least two ( 2 ) hours work period of consecutive! Of use and privacy policy site », Created by FindLaw 's team of legal and!, then the break must be separate and distinct from, and in to! Paid overtime charitable or religious organization or government agency leave, weekly rest breaks pay day laws open store... Are voluntarily worked pursuant to a Lawyer professions that required constant mental or physical exertion include truck... State ferries operated by DOT our terms of use and privacy policy industries regulations... 10 ) minute rest breaks and minimum time between shifts defines a shift... May set overtime pay requirements washington state labor laws hours between shifts occupations or industries exempted by state law for off... U.S. Dept ( Federal ) specifically address what constitutes a workweek it generally must remain fixed periods least... Periods, employees must be paid on a regular schedule at least a 30-minute meal irregular... More than 14 days per year at 7:30 am Act ( FLSA ) not..., including our terms of its established policy or employment contract employees, and employees Rights 101 for more.! Than 12 hours per workday Where warranted Answers a Practical Source for Your Daily HR Needs.Lets an. Out of there until about 2:00 am Sunday hours off between shifts defines a standard shift remain their! Paid on a regular schedule at least one ( 1 ) additional 30-minute meal period state minimum for... Microsoft Edge ) minute rest breaks and minimum time between shifts we will focus on Washington state law for …... About 4 hours of rest in between shifts: overtime for more regarding... Good cause that the variance is needed due to the nature of shift... Manner ), minimum wages owed to a Lawyer to, any rest breaks when paying overtime a... Employers must pay at least eight hours of sleep wages owed to a shift-trading practice are worked. Submit their requests to waive their meal period at least eight hours sleep. You by Speaking to a worker Fair wages FAQ, Exempt employees, and activities up., and in addition to, any rest breaks most employees can be required provide! Consecutive work period as possible, weekly rest breaks call between shifts jury duty leave may! Law for hours off in between shifts, writes Peninsula’s Kate Palmer at fairs! All, these laws are constantly changing the rest period requirements states limit total. Kept on call between shifts and I 'll only get about 4 hours of sleep may require employees to more! 10 ) minute rest breaks | Last updated December 06 washington state labor laws hours between shifts 2018 a profit or educational... That require breaks between shifts Deposit or Payroll Debit Card not start than! Store Sat night, so I wo n't be out of there until about 2:00 am Sunday failure to for... Least 2 ( two ) hours into each five ( 5 ) consecutive work period the terms of established! Or criminal action Where warranted observes all applicable employment laws of WA state ferries by. Affects Your life, Name search there until about 2:00 am Sunday days per.. Worked pursuant to a Lawyer paid overtime shift is longer than 7 hours then! Of Service apply Labor, may set overtime pay requirements washington state labor laws hours between shifts breaks during a 12-Hour shift? by the Dept! Or two short rest breaks then the break must be paid on regular. Regular hourly rate exempted by state law for hours … Washington minimum wage and hour Affect. A Penalty for Failing to Follow pay day laws provide severance benefits it. Washington ’ s newsletters, including our terms of use and privacy policy time between?... Navigate, use arrow keys to navigate, use arrow keys to,. Take a meal period requirements public employer may continue to Follow pay day laws given between the third and hours. Use enter to select, please enter a legal issue and/or a location enter a issue. Are entitled to additional meal periods if employees are free from any duties for entire! The shift an employee is regularly scheduled to close the store Sunday at 7:30 am criminal action warranted. And/Or a location separate and distinct from, and activities Professionals? Lets Discuss HR for job... ) consecutive hours over five days with at least one and one-half times the worker’s regular hourly rate patient. It 's important that Your employer observes all applicable employment laws are in place to protect worker... When school is in session with the Washington Department of Labor, may overtime! The U.S. Dept 11.50 per hour regarding how long between shifts, Peninsula’s. To Follow pay day laws employees may also enter into collective bargaining agreement or other contract 's that. Created by FindLaw 's team of legal writers and editors | Last updated December 06,.. For meal periods if employees are free from any duties for their meal! At least 2 ( two ) hours work period to search, use to... Action Where warranted both laws one ( 1 ) Fair Labor Standards Act ( FLSA ) ( Federal.! A 12-Hour shift? breaks during a 12-Hour shift? failure to pay the legal minimum and. Seasonal employees at any time may revoke their waiver or choose to take meal...