Question: We keep hearing about lawsuits against companies for not complying with Washington’s meal and rest period requirements. What’s really the financial risk and what can we do about it?
Answer: The financial risk is substantial. Class action lawsuits have become prevalent in Washington, claiming nonexempt (hourly) employees are owed penalties and damages for missed meal and rest periods. State law says hourly employees are entitled to a 30-minute uninterrupted, duty-free meal period between the second and fifth hour of every 5-hour work period. If interrupted, the entire meal period must be paid, and the meal period must continue later in the day until a total of 30 paid minutes of duty-free time occurs. In addition, a 10-minute paid rest break must be provided at the midpoint of every 4-hour work period.
Why Meal Period Mistakes Are Fueling Costly Class Actions in Washington
Although these requirements have been around for more than 50 years, class action lawsuits and the associated financial risks have surged since a Washington Appeals decision in 2024 opened the door for bigger damages. In that case, the court ruled that employees who do not receive 30 total minutes for a meal period are entitled to: (1) pay for the interrupted meal; (2) 30 minutes of pay as a penalty for not fully complying with the meal requirement; and (3) double damages on any unpaid amounts for willfully disregarding the law (unfortunately an easy standard to meet in Washington) (Androckitis v. Virginia Mason Medical Center, Wash App, Sept. 2024). That means an employer can be on the hook for 120 minutes of pay each time a meal period requirement isn’t followed. When you think about how many employees it could impact, and the number of opportunities to get the meal period rules wrong, the numbers add up quickly. And, if a class action lawsuit is filed, you can add a hefty amount for attorneys’ fees on top of the back pay, interest and penalties.
Reducing Risk Starts with Your Practices: Steps Employers Should Take Now
To assess and reduce these financial risks, review your meal and rest period practices. As you undertake this process, be sure everyone is ready to make changes. Leadership and frontline supervisors should understand that it may cost more or slow down production efficiency as you adjust to new practices, but the investment now is worth it to avoid class-action litigation down the road. Any obvious high-risk practices, such as automatically deducting for meal periods should be stopped as soon as possible. If a meal period is interrupted during the day, make sure the employee is paid for any time that would have otherwise been unpaid, but also ensure the employee still receives a total of 30 paid minutes of duty-free time during their shift. If a meal period is missed entirely, we strongly recommend giving the employee an additional 30 minutes of pay for that day. For example, if an employee is supposed to work an 8-hour shift with a 30-minute, unpaid meal period, but works through and misses the meal period that day, paying the employee for the 8.5 hours worked plus an additional 30 minutes as the missed meal period penalty is recommended. Finally, evaluate your recordkeeping practices. If you need to defend yourself in a lawsuit, do you have the records you need to prove your compliance with rest and meal periods for each employee each day? The burden of proof is on the employer to show compliance with these rules, so keeping good records can be the key to defending yourself.
Resources for Vigilant Members
Dealing with these financial realities and making changes to long-term practices can be difficult, but you’re not alone. Members, your Vigilant Law Group employment attorney is here to help you navigate these issues. We also have robust Legal Guides, Breaks and Meal Periods—Washington and Breaks and Meal Periods—Washington Agricultural Employees that have helpful charts showing what’s required based on the number of hours the employee is working.
For organizations that are not yet members, this may be an opportune time to consider how Vigilant membership—and working with a dedicated Vigilant Law Group employment attorney—can help you proactively manage risks like these before they escalate.
