Washington State has enacted significant changes to its labor laws concerning meal and rest breaks for healthcare workers. Effective January 1, 2026, Substitute House Bill 1879 amends RCW 49.12.480 to provide greater flexibility and clarity for healthcare employees and their employers. These updates aim to balance the demanding nature of healthcare work with the essential need for employee rest and well-being.
Key Provisions of the Updated Law
1. Uninterrupted Meal and Rest Breaks
Employers are now required to provide healthcare employees with uninterrupted meal and rest periods. Interruptions are only permissible under specific circumstances:
- Unforeseeable emergent circumstances, as defined in RCW 49.28.130.
- Unforeseeable clinical circumstances that could lead to significant adverse effects on a patient’s condition, unless the employer determines that the patient may suffer life-threatening adverse effects.
2. Flexibility in Scheduling Breaks
The amended law allows for greater flexibility in scheduling meal and rest breaks:
- Combining Breaks: Employees and employers may agree to combine meal and rest periods into a single break. If the employee remains on duty during this combined break, the time must be paid. If relieved from duty, the meal portion may be unpaid, while the rest portion remains paid.
- Waiving Breaks: Employees can voluntarily waive meal periods under certain conditions:
- For shifts less than eight hours, the meal period can be waived.
- For shifts of eight hours or more, the second and/or third meal periods can be waived, provided at least one meal period is taken during the shift.
- Timing requirements for breaks can also be waived, as long as the meal period starts no earlier than the third hour worked and no later than the second-to-last hour scheduled.
All waivers must be:
- Voluntary and initiated by the employee.
- Documented in writing or electronic format.
- Revocable at any time by the employee.
- Recorded in the employer’s information management system and retrievable upon request.
3. Recordkeeping and Reporting Requirements
To ensure compliance, employers must:
- Provide a mechanism for employees to record missed meal or rest periods.
- Maintain records of all missed and waived breaks.
- Submit quarterly reports to the Department of Labor and Industries detailing:
- Total missed meal and rest periods in violation of the law.
- Total number of meal and rest periods waived by agreement.
- Total number of meal and rest periods required during the quarter.
These reports are due 30 calendar days after the end of each calendar quarter. However, certain hospitals defined in RCW 70.41.420(7)(b)(iv) are exempt from this reporting requirement until July 1, 2026.
Who Is Affected?
The updated law applies specifically to:
- Employees involved in direct patient care activities or clinical services.
- Employees who receive an hourly wage or are covered by a collective bargaining agreement.
- Hospitals licensed under chapter 70.41 RCW.
Protecting Employee Rights
It’s crucial for healthcare workers to understand their rights under the new law:
- Voluntary Participation: All waivers of meal and rest periods must be voluntary. Employers cannot coerce or require employees to sign waivers.
- Right to Revoke: Employees can revoke their waiver at any time.
- Protection Against Retaliation: Employers are prohibited from retaliating against employees who exercise their rights under this law.
Need Legal Assistance?
If you’re a healthcare worker in Washington State and have concerns about your meal and rest break rights, or if you believe your employer is not complying with the updated law, it’s essential to seek legal advice. Understanding your rights and the proper procedures can help ensure a safe and fair working environment.
