Many employees in Seattle and throughout Washington assume that if they skip lunch, eat at their desk, or continue responding to emails during a break, they’re simply “working hard.” But under Washington law, working through a meal or rest break can have serious wage and hour implications – including unpaid overtime claims.
For employees who regularly work through breaks, those extra minutes and hours can add up quickly. In some cases, workers may be owed significant backpay.
Washington Employers Must Provide Meal and Rest Breaks
Washington has strong worker protections when it comes to breaks. In most industries, non-exempt employees are generally entitled to:
- A paid 10-minute rest break for every four hours worked, and
- An unpaid 30-minute meal break when working more than five hours.
As to a meal break, a meal break is only considered unpaid if the employee is fully relieved of all work duties. If an employee is required to keep working, even partially, the time may need to be paid.
That means if you’re doing any of the following, your employer may be required to count that time as compensable work time.
- Answering emails during lunch,
- Taking customer calls while eating,
- Monitoring Slack or Teams messages,
- Staying at your workstation in case something comes up, or
- Working through your break to meet deadlines.
Why Working Through Breaks Can Trigger Overtime
Many unpaid overtime claims begin with small amounts of “off-the-clock” work that employers fail to track properly. Missed breaks are one of the most common examples.
Consider an employee who is scheduled for eight hours of work per day with a 30-minute unpaid lunch. If the employee routinely works through lunch, but the employer automatically deducts 30 minutes each day anyway, the employee may actually be working 8.5 hours daily.
Over the course of a week, that can push the employee over 40 hours worked, which would trigger overtime obligations under Washington law.
Employees are often surprised to learn how quickly unpaid meal breaks accumulate into substantial overtime claims over months or years.
Automatic Meal Break Deductions Can Create Legal Problems
Many employers use automatic timekeeping deductions for meal periods. While automatic deductions aren’t necessarily unlawful, they become problematic when employees are regularly working through breaks without being compensated.
Please note that an employer cannot knowingly accept the benefit of an employee’s work without paying for it.
This issue frequently arises in industries where workloads are heavy or staffing is limited, including:
- Healthcare,
- Warehousing and logistics,
- Call centers,
- Restaurants and hospitality,
- Retail,
- Construction,
- Office and administrative work, and
- Tech and customer support roles
Employees may feel pressured to skip breaks to stay caught up or avoid criticism. In some workplaces, working through lunch becomes part of the culture.
Employers Can’t Avoid Paying for Work They “Didn’t Approve”
Some employers attempt to defend unpaid overtime claims by arguing that overtime wasn’t authorized. But under Washington wage laws, employers generally must still pay employees for work they knew or should’ve known was being performed.
If supervisors see employees consistently working through breaks, responding to communications during lunch, or remaining actively engaged in work duties, the employer may still be liable for unpaid wages.
Employers also have an obligation to maintain accurate time records. Failing to properly track missed breaks can create additional legal exposure.
Washington Employees May Be Able to Recover Back Pay
Employees who were not paid for all hours worked may be entitled to recover:
- Unpaid wages,
- Overtime pay,
- Interest,
- Attorney’s fees and costs, and
- Potential double damages in some wage theft cases.
Wage and hour claims are often brought individually, but they can also become class actions when employers use company-wide policies that affect multiple workers.
For example, if a company automatically deducted meal breaks from all employees regardless of whether they actually took uninterrupted breaks, many workers may have similar claims.
Contact Nolan Lim Law Today
Nolan Lim Law is a dedicated Seattle employment and civil rights law firm committed to protecting the rights of employees across Washington state and nationwide. If you have questions about your unpaid meal breaks under Washington law, our experienced Seattle employment attorneys can help further inform you of your rights. Contact us now and let’s provide you with the protection you deserve.
* Main image at top by wayhomestudio on Magnific
