Meal Break Blunders: Costly Mistakes Washington Employers Must Avoid
Washington state has some of the most employee-friendly wage and hour laws in the country, and meal break compliance is no exception. Employers who fail to follow the law correctly may face costly wage claims, class action lawsuits, and penalties imposed by the Washington State Department of Labor & Industries (L&I). Below are some of the most common mistakes employers make regarding meal break laws—and how to avoid them.
1. Failing to Provide a Timely Meal Break
Under Washington law, non-exempt employees must receive a meal break of at least 30 minutes for every shift exceeding five hours. This break must begin no later than the end of the fifth hour of work. A common mistake is allowing employees to take their break too late in the shift, which can result in a violation even if the break itself is provided.
Best Practice: Implement a clear scheduling policy that ensures employees take their meal breaks within the legally required time frame. Train supervisors to monitor and enforce compliance.
2. Not Ensuring the Meal Break is Uninterrupted and Duty-Free
A meal break must be uninterrupted, and the employee must be completely relieved of all work duties. If an employee is required to perform any work tasks (such as answering emails, taking calls, or monitoring equipment), the break does not qualify as a legally compliant meal period.
Best Practice: Establish policies that prohibit work during meal breaks and educate managers on the importance of ensuring employees take their breaks free of any job-related duties.
3. Automatically Deducting Meal Breaks from Work Hours
Some employers use automated payroll systems that deduct a 30-minute meal break from an employee’s total work hours, regardless of whether the employee actually took the break. This practice can lead to significant liability if employees can prove they worked through their meal breaks.
Best Practice: Require employees to clock in and out for their meal breaks, ensuring accurate records of break compliance. Encourage employees to report any missed or interrupted breaks promptly.
4. Not Compensating Employees for Missed or Interrupted Breaks
If an employee is unable to take a meal break or is required to work through it, they must be compensated for that time. Some employers mistakenly believe they do not have to pay for missed breaks if they have a policy requiring breaks. However, Washington law mandates that employees must be paid for all hours worked, including missed or interrupted meal breaks.
Best Practice: Implement a procedure for employees to report missed breaks and ensure proper compensation when a meal break is not provided as required by law.
5. Failing to Maintain Accurate Records
Washington employers are required to maintain accurate records of employee hours, including meal breaks. If an employee files a claim, the burden is often on the employer to prove compliance. Failure to keep proper records can make defending against wage claims difficult.
Best Practice: Maintain clear and detailed timekeeping records that document when meal breaks are taken. Utilize time-tracking systems that allow employees to confirm their breaks were taken and uninterrupted.
6. Applying Meal Break Rules Incorrectly to Minors
Different meal break rules apply to minors in Washington. Employees under 18 must receive a 30-minute meal break for shifts over five hours, but the break must occur no later than the end of the fourth hour of work. Employers who apply the general meal break rule to minors risk non-compliance.
Best Practice: Train managers and HR personnel on the specific meal and rest break requirements for minor employees to avoid costly mistakes.
Conclusion
Meal break compliance is an area where employers can easily make costly mistakes, but with proper policies and training, these risks can be mitigated. Employers should regularly review their meal break policies, ensure managers understand the law, and maintain accurate records to protect against wage claims and penalties. If you have questions about meal break compliance or any other employment matter, the attorneys at Beresford Booth can help you.
To learn more about Washington’s Meal Break Compliance Laws, please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.