What are the rest break requirements in Washington State?

Under WAC 296-126-092(4), non-exempt employees must receive a paid 10-minute rest break for every 4 hours worked. Rest breaks must be scheduled no later than the end of the third working hour and cannot be waived or lumped together.

What are the meal period requirements in Washington State?

Under WAC 296-126-092(1), employees working more than 5 consecutive hours are entitled to at least one 30-minute meal period. Meal periods must commence between the second and fifth hour of the shift.

Does Washington have a 1-hour penalty for missed breaks like California?

No. Washington law does not have an automatic 1-hour statutory penalty per missed break. Instead, under the Washington Court of Appeals decision in Pellino v. Brink’s Inc. (2011), working through a rest break or an unpaid meal break constitutes uncompensated hours worked that must be paid as actual regular or overtime wages.

When must a meal break be paid in Washington?

A meal period must be paid if the employee is required to remain on duty or on call, or is interrupted by work duties. If an employer deducts 30 minutes for an on-duty meal break, the employee is owed unpaid back wages for that time.

WAC 296-126-092 • Pellino v. Brink’s Doctrine • Compensable Time Standard

Washington Meal & Rest Break Calculator

Determine mandatory rest breaks and meal periods across any shift length under WAC 296-126-092. Calculates uncompensated working time under Washington's established compensable hours doctrine (Pellino v. Brink’s Inc.) without confusing Washington law with California's 1-hour statutory penalty.

Washington Meal & Rest Break Pay Calculator (WAC 296-126-092)

Evaluate break compliance and uncompensated work time under Washington State labor standards. Washington administrative law mandates paid 10-minute rest breaks every 4 hours and 30-minute meal periods for shifts exceeding 5 hours.CRITICAL WASHINGTON LEGAL PRINCIPLE: Unlike California (Labor Code § 226.7), Washington law DOES NOT grant an automatic 1-hour statutory penalty. Under Pellino v. Brink’s Inc. (164 Wn. App. 688), missed or interrupted breaks represent compensable working time owed as actual regular or overtime wages.

Shift Length (Hours Worked) *

Hourly Wage Rate ($) *

Paid 10-Min Rest Breaks Provided *

Must be fully relieved of duties for 10 minutes.

30-Min Meal Periods Provided *

Uninterrupted 30-minute break between 2nd & 5th hr.

Meal Period Was On-Duty or Interrupted by Work Duties (Compensable under WAC 296-126-092)Employer Deducted 30 Minutes from Payroll as Unpaid TimeNature of Work Provided Equivalent Intermittent 10-Min Rest Periods (WAC 296-126-092(4))Meal Period Voluntarily Waived by Agreement (L&I Policy ES.C.6.1)

Total Weekly Hours Worked (Applies Overtime Rate if > 40 Hours)

Scheduled Shift Duration (Hrs) [WAC 296-126-092(3)]

Statutory Break Timing Verified (First meal between 2nd & 5th hr; no work > 5 consecutive hrs without meal under WAC 296-126-092)Employer Has Approved L&I Meal Period Variance Active

Enter your shift length and breaks provided, then click Evaluate Break Compliance.

Statutory Legal Guide

Washington Meal & Rest Break Rules & Precedent

Examine WAC 296-126-092 rest and meal scheduling rules, the Court of Appeals decision in Pellino v. Brink’s Inc., the Washington Supreme Court standard in Brady v. Autozone, and why Washington wage law does not follow California’s 1-hour statutory break penalty.

Read Break Guide →

Washington State Workplace Break Law & Legal Remedies

Mandatory Rest Breaks (WAC 296-126-092(4))

Washington requires at least one paid 10-minute rest break for every 4 hours worked. Rest breaks are fully paid time. An employee cannot be scheduled to work more than 3 consecutive hours without a rest period. Employers cannot require workers to stay on site during paid rest breaks.

30-Minute Meal Periods (WAC 296-126-092(1))

Employees working more than 5 consecutive hours must receive an uninterrupted 30-minute meal period commencing between the second and fifth working hour. If the shift exceeds 10 hours, a second 30-minute meal period is mandatory before the 11th hour.

The Pellino Compensable Time Doctrine

In Pellino v. Brink’s Inc. (164 Wn. App. 688), the Court of Appeals held that missed rest breaks and on-duty meal breaks constitute uncompensated labor. The remedy under Washington law is payment of actual back wages for all uncompensated working time at regular or overtime rates.

Employer Duty: Brady v. Autozone Stores

In Brady v. Autozone Stores, Inc. (188 Wn.2d 576), the Washington Supreme Court ruled that employers have an affirmative duty to provide meal and rest breaks. A mere policy allowing breaks is insufficient; the employer must actively ensure that breaks are taken or compensate the unprovided time.

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