Washington State Employees: Interrupted Meal Breaks

Colleen Malmassari
Founder of Back40 Advisors LLC

A recent ruling in Washington State has sparked significant discussions about updated labor rights in our state: the Androckitis vs. Virginia Mason Medical Center (2024) case has established that employees are entitled to compensation for all interrupted meal breaks and may be entitled to more than one compensated break per shift. The court held that if employees do not receive a rescheduled, uninterrupted 30-minute meal break, employers must pay employees an additional 30 minutes for each missed meal period. As this ruling takes effect, it’s essential for both employees and employers to understand its implications.

The Details of the Ruling

Washington State law now mandates that non-exempt (hourly) employees receive a fully compensated 30-minute meal break if they work for any amount of time during their designated break period, and can be eligible for pay for more than one interrupted break per shift. In earlier interpretations of the meal and rest break period employees were compensated for the time worked during the break period. However, the Androckitis case has added a critical dimension to this regulation. In this case, the court ruled that when an employee's meal break is interrupted—they perform any kind of work— they are entitled to another 30 minutes of pay as a penalty in addition to the 30 minutes paid for working during their break time. This distinction is straightforward: if an employee cannot take an uninterrupted break, then that time should be compensated.

Why This Ruling Matters

As the workforce increasingly adapts to being more accessible through technology, it is more challenging to take meaningful, uninterrupted breaks. This new ruling counters that trend, reinforcing the right to a proper work-free meal period. Employers must understand that failure to comply with this ruling can expose them to legal liabilities. Employees whose rights have been violated—by not receiving paid time during interrupted meal breaks—can file complaints with the Washington State Department of Labor & Industries (L&I). This scenario can lead to investigations, legal fees, and potential fines. Not adhering to these guidelines may lead to nonexempt employees being entitled to as much as 120 minutes of compensation for a single missed 30-minute meal break. This includes 30 minutes for the time worked during the missed meal break, an additional 30 minutes as a penalty, and up to 60 minutes doubled for a willful failure to pay.

Implementation Framework

For businesses operating in Washington State, this ruling compels immediate action to ensure compliance. Here are some steps employers should consider to adapt to this new legal requirement:

1. Review and Update Break Policies

Employers need to revise their break policies to reflect the new ruling. Clear communication regarding the entitlement to paid breaks and the procedures for meal breaks should be available in employee handbooks and training materials.

2. Train Supervisors and Managers

Implementing this ruling requires that supervisors and managers be adequately trained. They must understand the importance of respecting meal breaks and the implications of the ruling. Training should focus on the need to facilitate uninterrupted break times. Supervisors play a key role in managing workloads effectively to prevent interruptions during meal breaks.

3. Consider Waivers to Document Employee Election

Employers may implement a meal break waiver system that includes a written form documenting the employee's voluntary choice to waive their 30-minute meal break when working more than 5 consecutive hours, with both employee and supervisor signatures required and a clear process for revocation through written notice. Management retains full authority to deny waiver requests or require employees to take their scheduled breaks based on operational needs, safety considerations, or compliance concerns, regardless of any existing waiver agreements.

Looking Forward

The recent ruling in the Androckitis vs. Virginia Mason Medical Center case marks a pivotal moment in Washington State by establishing that employees must be compensated for all interrupted meal breaks, including all rescheduled ones. As the workforce continues to adapt to increased technological demands, ensuring that employees are taking uninterrupted breaks is more important than ever. It could be time to reassess break policies, provide adequate training for supervisors, and ensure you’re fostering a culture that prioritizes employee well-being. 

Colleen Malmassari, a Society for Human Resource Management-Certified Professional, Professional in Human Resources, is the founder of Back40 Advisors LLC