Why This Matters
Washington's break requirements are stricter than federal law. Federal law generally doesn't require breaks for adult workers, but Washington does—and the rules get specific about timing, duration, and when a break must be paid.
Break issues are a common source of wage-and-hour disputes, so it's worth building schedules and timekeeping that match Washington's rules.
The Basic Rules
Rest Breaks
Paid, on-the-clock time
Employees must be free from work duties during rest breaks, but employers can require employees to remain on the premises. No employee can be required to work more than three hours without a rest period.
Meal Breaks
Unpaid, off-the-clock time (with exceptions)
A meal break must be paid if the employee is required to remain on duty, is required to remain on-call on the premises in the employer's interest (even if not called back), or is called back to work during the break. For the meal break to be unpaid, the employee must be completely free from all duties for the entire break.
Break Requirements by Shift Length
| Shift Length | Rest Breaks Required | Meal Breaks Required |
|---|---|---|
| Up to 3 hours | None | None |
| 3–5 hours | One 10-minute rest break | None |
| 5–6 hours | One 10-minute rest break | One 30-minute meal break |
| 6–10 hours | Two 10-minute rest breaks | One 30-minute meal break |
| 10–14 hours | Three 10-minute rest breaks | Two 30-minute meal breaks |
| 14+ hours | Additional breaks for each 4 hours | Additional breaks for each 5 hours |
Additional meal breaks: Employees working three or more hours beyond their normal workday must receive at least one 30-minute meal break prior to or during the overtime period. Additional 30-minute meals must be provided within five hours from the end of the first meal period and for each additional five hours worked.
Timing Matters
The timing requirements are where many employers get into trouble. It's not enough to provide breaks—they must be provided at the right time.
For an employee working 8:00 AM to 5:00 PM with a noon lunch break, the first rest break should be given around 10:00 AM (midpoint of first 4-hour period), and the second around 3:00 PM (midpoint of second 4-hour period). Providing both breaks in the morning would violate the "as near as possible to the midpoint" requirement.
For an employee starting at 7:00 AM, the meal break must begin no earlier than 9:00 AM and no later than 12:00 PM (between the 2nd and 5th hour). A late meal may be a timing violation—but it is not automatically paid unless the paid-meal conditions apply (on duty, on-call at the work site in the employer's interest, or called back to work).
When Breaks Can Be Waived or Modified
Rest Breaks
Employees cannot waive rest break requirements. In some jobs, intermittent "mini" rest breaks can substitute for scheduled breaks—so long as they total at least 10 minutes over each 4-hour period. Employers may apply to L&I for a variance to modify rest or meal break requirements in limited circumstances.
Meal Breaks
Meal breaks may be waived if both employee and employer agree. Best practice: document meal waivers in writing and make clear they're voluntary and can be withdrawn at any time.
Document Any Waivers
Written waivers protect the employer if a dispute arises. Note that minors cannot waive meal or rest breaks.
Missed and Interrupted Breaks
This is where claims arise most often. When a break is missed, cut short, or interrupted by work duties:
Missed Rest Breaks
If rest breaks are not provided, employees may be owed compensation for that missed break time as "hours worked."
Interrupted Meal Breaks
If an employee's meal break is interrupted by work duties—even briefly—the entire 30-minute break becomes compensable time. The employee is still entitled to 30 total minutes of mealtime excluding interruptions.
Use your time-tracking system to flag missed or late breaks. Train managers to ensure breaks happen on schedule. If operational demands consistently prevent timely breaks, you may need to adjust staffing or scheduling—not just accept ongoing violations.
Industry-Specific Rules
Some industries have additional or modified requirements:
Healthcare (Hospitals) — Updated 2026
Hospital employees involved in direct patient care or clinical services have special rules under RCW 49.12.480, amended effective January 1, 2026:
- Uninterrupted breaks required: With limited exceptions for unforeseeable emergent or clinical circumstances
- Break combining: Meal and rest can be combined by agreement; rest portion stays paid; if on duty during combined period, time must be paid
- Waivers: Must be voluntary, in writing/electronic record, revocable, and agreed to before the shift
- Quarterly reporting to L&I: Includes missed breaks and waived breaks
- Enforcement: Penalties begin July 1, 2026, with delayed application for certain hospital categories until July 1, 2028
Agriculture
Agricultural workers have separate standards—don't rely on the general WAC 296-126-092 summary. Key points:
- Paid rest breaks: at least 10 minutes for every 4 hours worked; cannot be waived
- Meal periods: 30 minutes for every 5 hours worked; additional meal period if working more than 11 hours in a day
- If a meal period is interrupted or employee is called back, the entire meal period must be paid
Minors (Workers Under 18)
Minors have stricter requirements and cannot waive meal or rest breaks:
Under 16:
- Rest: 10 minutes for every 2 hours worked; cannot work more than 2 hours without a rest break or meal period
- Meal: cannot work more than 4 hours without an uninterrupted meal period (separate from rest breaks)
Ages 16–17:
- Meal: 30-minute uninterrupted meal break if working more than 5 hours in a day
- Rest: at least 10 minutes paid for each 4 hours worked; must be allowed a rest period no later than the end of the third hour of the shift
Retail
No special exemptions. Retail employers must provide breaks on schedule even during busy periods. Staffing should account for break coverage.
Penalties for Non-Compliance
Consequences of Break Violations
Break violations can create wage exposure plus potential fee and damages risk:
- Unpaid wages: Missed break time and related wages owed
- Attorney fees: Available under Washington's Minimum Wage Act for unpaid amounts due
- Double damages: Exemplary damages can apply in wage-withholding cases under RCW 49.52.070 in certain circumstances
- Hospital reporting: Specific statutory reporting and penalty framework beginning July 1, 2026 (with some delayed categories)
Best Practices for Compliance
- Written policy: Include clear break policies in your employee handbook (rest vs meal, paid vs unpaid)
- Scheduling: Build breaks into schedules to hit the midpoint and 2nd–5th hour windows
- Time tracking: Use a system that can detect late or missed breaks and trigger review
- Manager training: Especially on interruptions and "on-call during meal" rules
- Document waivers: Where allowed—and don't use waivers for minors
If a job consistently prevents compliant breaks, fix scheduling and staffing—not just the policy.
The Bottom Line
Washington's meal and rest break rules are detailed and enforcement is active. The costs of non-compliance—especially in class actions or L&I investigations—far exceed the cost of proper scheduling and staffing.
Most violations aren't intentional—they result from operational pressures, inadequate training, or systems that don't catch problems. Proactive compliance is significantly cheaper than reactive defense.
Concerned about break compliance?
An audit of your current practices can identify issues before they become claims. Schedule a consultation to discuss your situation.
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