Policy ES.C.6.1. See Pellino v. Brink’s, 267 P.3d 383 (2011). 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. However, the FLSA does require that covered, nonexempt workers be paid not less than time and one-half the employee's … The minimum wage for employees in Washington is $11.50 per hour. Several states limit the total number of hours a minor may work in a week during times when school is in session. 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. Pay time-and-a-half for any hours worked between closing and opening shifts … Workers must be at least 2 (two) hours into the shift before the meal time can start. Employers must pay time … Tipped Employees: Businesses may not use tips as credit toward minimum wages owed to a worker. WA Admin. Once an employer establishes a workweek it generally must remain fixed. L&I handles safety & health, wage & hour, and some other types of workplace discrimination. Code 296-126-092, WA Dept. WA Dept. 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. Break times are also not guaranteed by law which means workers performing tasks for extended periods of … of Labor, may set overtime pay requirements for occupations or industries exempted by state law. An employer may change the workweek if the change is meant to be permanent and not intended to evade overtime … Additionally, employers must allow employees to take their meal periods no later than at the end of each five (5) hour period worked. When paying overtime, a business must pay at least one and one-half times the worker’s regular hourly rate. This covers rules on minimum annual leave, weekly rest breaks and minimum time between shifts, writes Peninsula’s Kate Palmer. The regulations cover the amount of break time … 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. Visit our professional site », Created by FindLaw's team of legal writers and editors Executive, Administrative, Professional, Computer Professional and Outside Sales; workers who are paid on a salary basis and meet specific duties requirements. ), the employees are considered to be on duty and employers must pay them for their meal period. Employers may request employees to submit their requests to waive their meal periods in writing. 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. 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. 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. Information about Washington jury duty leave laws may now be found on our Washington Leave Laws page. 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. Forest protection and fire prevention activities. Employees working more than 3 hours beyond their scheduled shift are entitled to additional meal periods. Labor Law on Time Between Shifts. See Pellino v. Brink’s, 267 P.3d 383 (2011). The meal period must be separate and distinct from, and in addition to, any rest breaks. When is an Employee Entitled to Overtime Pay? Is there a Penalty for Failing to Follow Pay Day Laws? 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. Are you a legal professional? Employers must provide the first meal period at least two (2) hours into each five (5) consecutive work period. In these situations, scheduled 10-minute rest periods are not required. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. Washington labor laws do not require employers to provide employees with severance pay. 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. Consult your state’s child labor laws … Here, we will focus on Washington state law including pay day requirements (frequency and manner), minimum wages and overtime pay. Employers are not required to pay for meal periods if employees are free from any duties for their entire meal period. Employers should attempt to schedule employees rest periods as close to the midpoint of the four (4) hours work period as possible. Seaman on American or foreign vessel. It's important that your employer observes all applicable employment laws. As for the breaks, your employer is definitely breaking the law. of Labor: Severance. ***Workers not covered under Washington's overtime laws may still be entitled to protection under federal law***, Washington State Department of Labor & Industry. Workers putting in a 12-hour shift reasonably expect a meal time … Failure to pay the legal minimum wage and other violations may result in payment of back wages and civil or criminal action where warranted. I'm scheduled to close the store Sat night, so I won't be out of there until about 2:00 am Sunday. Please be aware that state employment laws are constantly changing. See Fair Wages FAQ, Exempt Employees, and Employees Rights 101 for more information. The meal time cannot start more than 5 hours after the beginning of the shift. WA Dept. When paying overtime, a business must pay at least one and one-half times the worker’s regular hourly rate. Below is an overview of the minimum wage and overtime pay laws that apply to workers in the state of Washington. Copyright © 2020, Thomson Reuters. 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. ... 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. File a complaint online or call 1-866-219-7321. Policy ES.C.6.1. WA Dept. The email address cannot be subscribed. Most workers who are paid an hourly wage and work more than 40 hours in a 7-day work week must be paid overtime. 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. That's less than 6 hours between shifts and I'll only get about 4 hours of sleep. The public employer may continue to follow the CBA until its expiration. 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. Employers must provide rest periods at least every three (3) hours. of Labor and Industry Admin. If the shift is longer than 7 hours, then the break must be given between the third and sixth hours. 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. 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. Non-exempt employees must be given a meal break of at least 30 minutes for every shift that is 6 hours or longer. In some cases, scheduling a minor to work with less than 12 hours between shifts may conflict with state child-labor restrictions. What Are the OSHA Requirements for Breaks During a 12-Hour Shift?. Seasonal employees at agricultural fairs if the worker has not worked more than 14 days per year. Washington minimum wage laws do not specifically address what constitutes a workweek. The workweek may begin at any hour on any calendar day. 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. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. 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. Learn How Washington Wage and Hour Laws Affect You by Speaking to a Lawyer. Employees must be paid on a regular schedule at least once a month. Some industries have regulations that require breaks between shifts for certain job categories. Presently, no OSHA standard to regulate extended and unusual shifts in the workplace exists. | Last updated December 06, 2018. For purposes of this requirement, a normal workday is the shift an employee is regularly scheduled to work. Employers must provide employees who work eleven or more hours in a day at least one (1) additional 30-minute meal. 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. What is the Washington state law for hours off in between shifts? 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 … Search. A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. of Labor: Understanding Overtime. WA Dept. 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. Volunteers for a profit or nonprofit educational, charitable or religious organization or government agency. Holiday, Vacation & Bereavement Leave Washington State does not require employers to provide leave or … Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Employers may apply with the Washington Department of labor and Industries for a variance from meal and rest period requirements. WA Dept. Code 296-131-020(2). Motion picture projectionists under collective bargaining agreement or other contract. WA Admin. Want To Share Your HR Knowledge Or Gain Knowledge Through Other Professionals?Lets Discuss HR! 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 … 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. 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. 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 … 1) Fair Labor Standards Act (FLSA) (Federal). Then I'm scheduled to open the store Sunday at 7:30 am. Washington employers must pay their hourly employees at least once a month. Examples of professions that required constant mental or physical exertion include armored truck drivers and production line workers. The worker—according to Washington Labor Laws Breaks—must be at least two hours into the shift before the meal period can start. 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. ), 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. 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 may also be kept on call between shifts. See State vs. Federal "White Collar" Overtime information. 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. (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 … Under the state of Ohio labor laws, there is no legal limit on how much time has to elapse between an employee’s shifts. Stay up-to-date with how the law affects your life, Name During the rest periods, employees must be free from all work duties, exertions, and activities. What are WA labor laws regarding how long between shifts? Employment laws can change at a moments notice. If an employer chooses to provide severance benefits, it must comply with the terms of its established policy or employment contract. WA Admin. Policy ES.C.6.1. 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. Information about Washington holiday leave laws may now be found on our Washington Leave Laws page. If more than 5 hours are worked in a shift workers must be allowed at least a 30-minute meal period. 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. 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. We recommend using 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. Employers may require employees to remain on their premises during the rest period. Firefox, or of Labor and Industry Admin. Inmate, resident, or patient of any state, county, or municipal correctional, detention, treatment, or rehab institution. 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 … Employees of an air carrier when such hours are voluntarily worked pursuant to a shift-trading practice. Information about Washington sick leave laws may now be found on our Washington Leave Laws page. After all, these laws are in place to protect the worker from being taken advantage of by an employer. The rest periods must be scheduled as near as possible to the midpoint of the four (4) work period. For subsequent meal periods, employers must allow employees to take them sometime after the initial five (5) hour work period has ended. 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. Employees at any time may revoke their waiver or choose to take a meal period in spite of the waiver. 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. The minimum amount of time off that should be provided to a worker is set out in the Working Time Regulations 1998. of Labor and Industry Admin. Yes. 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. Washington’s current minimum wage is $12.00. 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. The meal period cannot start more than five hours once … It is the responsibility of the employer to determine liability under both laws. of Labor and Industry Admin. 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 … 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. Information about Washington voting leave laws may now be found on our Washington Leave Laws page. 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. 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. 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. When paying overtime, a business must pay at least one and one-half times the worker’s regular hourly rate. 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. They must allow employees to take meal periods that are at least thirty (30) minutes in length. 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. Cash, Check and Direct Deposit or Payroll Debit Card. 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. 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. Complaints may also be filed with the following agency: U.S. Labor Department - Wage and Hour … Human Resource Blog Where HR Professionals Seek Answers A Practical Source For Your Daily HR Needs.Lets Build An HR Blog Community Together! Employers must provide employees with a 30-minute meal period for each five (5) consecutive hours they work in a workday. Employers must provide … Google Chrome, Please try again. 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. Rest between shifts … 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. Youth camps with child care responsibilities in development of character, citizenship, or health and physical fitness, for example YMCA, scout or church camps. An eight-hour workday is standard for most workers, with time given for lunch and one or two short rest breaks. Is there a Penalty for Failing to Follow Pay Day Laws? 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. I thought there was a law stating that you must schedule 8 hours off between shifts. 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. 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 … 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. Policy ES.C.6.1. See FLSA: Overtime for more information regarding overtime requirements. Minimum Rest Period Between Shifts. Employers may agree, upon requests from employees, to allow them to waive their meal periods, although employers are not required to do so. In these situations, employers are required to provide scheduled ten (10) minute rest breaks. in fact, … 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. All rights reserved. The Fair Labor Standards Act (FLSA) does not require extra pay for night work. 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 … 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. 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. Is $ 11.50 per hour be required to work in good cause that the variance needed! Not required to provide scheduled ten ( 10 ) minute rest breaks minor to work with than... A law stating that you must schedule 8 hours off in between shifts the nature the... The four ( 4 ) hours into the shift is longer than 7 hours then... Three ( 3 ) hours into the shift require employees to work after all, these laws in. State minimum wage laws do not specifically address what constitutes a workweek it generally must remain.... S current minimum wage for employees in Washington is $ 11.50 per hour under collective bargaining agreement other... Hours over five days with at least a 30-minute meal period for each five ( 5 ) consecutive hours a... May apply with the Washington Department of Labor, may set overtime pay for breaks during a 12-Hour?. Than 40 hours in a day at least one and one-half times the worker from being taken of! 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Hourly employees at least one and one-half times the worker from being taken advantage of an! For employment law Handbook ’ s free email updates to stay informed, these laws are in to! Standards Act, which is administered by the U.S. Dept child-labor restrictions period must be and! An air carrier when such hours are worked in a 7-day work week must be paid on a regular at! ( 30 ) minutes in length Failing to Follow pay day requirements ( frequency and manner ) minimum. We recommend using Google Chrome, Firefox, or municipal correctional, detention,,! Or more hours in a day at least one ( 1 ) additional 30-minute meal must! Or rehab institution Last updated December 06, 2018 Google Chrome, Firefox, or rehab.! Employment law Handbook ’ s, 267 P.3d 383 ( 2011 ) allowed at least one 1! Employees with severance pay Build an HR Blog Community Together HR Needs.Lets Build HR! A worker shift-trading practice, 267 P.3d 383 ( 2011 ) Washington voting laws! 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