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Rest Breaks
Meal Periods
Waivers and Variances
Special Considerations

Group of workers, managers, wearing hard hats and vests having lunch, eating, smiling, talking during break at work. Concept of lunch, food, communicationRest Breaks

Under Washington law, employees are entitled to:

  • Paid Rest Periods: A paid rest break of at least 10 minutes for every 4 hours worked.

  • Scheduling: Rest breaks should be scheduled as close as possible to the midpoint of the work period.

  • Frequency: Employees cannot be required to work more than 3 consecutive hours without a rest break.

  • On-Site Requirement: Employers may require employees to remain on the premises during rest breaks.

  • Compensation: Rest breaks are considered hours worked and must be compensated accordingly.

Meal PeriodsMeal Periods

Employees working more than 5 hours in a shift are entitled to:

  • Meal BreakA meal period of at least 30 minutes, starting between the second and fifth hour of the shift.

  • Additional Meal PeriodsFor shifts extending more than 3 hours beyond the scheduled shift, additional 30-minute meal periods must be provided within 5 hours from the end of the previous meal period.

For certain jobs, mini rest breaks totaling at least 10 minutes over a 4-hour period may be permitted instead of a scheduled rest break.

Paid Meal Periods

Meal periods must be paid if:

  • The employee is required to remain on duty.
  • The employee is on-call on the premises or work site in the employer’s interest, even if not called back to duty.
  • The meal period is interrupted by work duties.

In such cases, the entire meal period is considered hours worked and must be compensated.

Unpaid Meal Periods

Employers are not required to pay for meal breaks if the employee is completely relieved of all duties for the entire 30-minute period.

Waivers and Variances

  • Meal Break WaiversEmployees may voluntarily waive their meal break if both they and their employer agree.

  • Rest Break WaiversRest breaks cannot be waived under any circumstances.

  • VariancesEmployers may apply for a variance to modify rest and meal break requirements by submitting a Variance Application (F700-089-000).

waivers and variances

Special Considerations

Restroom Breaks

Employers must provide reasonable access to bathroom facilities. Restricting restroom use to rigid schedules or imposing unreasonable time restrictions is prohibited.

Healthcare Workers

Healthcare employees may have specific meal and rest period requirements under new labor standards effective July 1, 2026. These include uninterrupted meal and rest breaks, with certain exceptions for emergencies or unforeseen clinical circumstances. Employers in the healthcare industry must comply with these standards and report compliance quarterly.

Minors and Agricultural Workers

Different standards apply to employees under 18 and agricultural workers. For detailed information on these specific regulations, please refer to the Washington State Department of Labor & Industries.

Emery | Reddy Can Help You with Your Wage and Hour Claim

If you have tried to work things out with your employer and nothing has been done, then it’s time to consult with an experienced Washington statee Employment and Labor Law attorney. Employment and Labor Law is complicated and can be overwhelming for anyone not familiar with it. Trying to hold a company accountable for bad business practices requires a skilled attorney to navigate the different laws and tactics an employer may use.

Emery | Reddy has over eight decades of experience in Employment and Labor Law and an unmatched record of helping Washington state workers get the justice they deserve in labor violations. Call for a Free Case Review with an experienced Intake Specialist and learn how we may able to help. No fee unless we recover for you.

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