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Sunday, December 28, 2008

Is the 10-minute break legal in the State of WA?

In my previous post, I mentioned about some policy changes that affect the way we work here in Seattle. And one of these changes was the 15-minute break which has been reduced to 10 minutes. A lot of the hourly employees have questioned this change since it was the first time being implemented ever since. Most of them doubted whether or not the 10-minute break is legal in the State of Washington.

Disclaimer: I would like to qualify my background here before I proceed. I am not a lawyer. This post does not provide nor constitute a legal advice of any kind. Its purpose is purely informational. If you wish to inquire the legal aspect of the topic, you may seek legal advice.

Your employer is bound to follow several laws. Federal Labor Law applies to ALL employers in the United States. States laws may have additional legal requirements. Your employer may also be bound to follow city ordinance where you work. And there will be times where your employer shall decide and implement policies related to your job provided such implementation is within the bounds of the law.

"Paid 10-minute rest period for each 4-hour work period,
 scheduled as near as possible to midpoint of each work
 period. Employee may not be required to work more
 than 3 hours without a rest period."

Like meal periods, the federal government DOES NOT REQUIRE coffee breaks. However, any short breaks (usually 5-20 minutes) that you are given must be PAID. Several states, if you happened to work one of these, give you a RIGHT to short breaks. Generally, you get a 10-minute break for every 4-hour shift. The Department of Labor has this additional information on meal breaks.
Here's the list of 8 states that give you the right to short breaks:

California
Colorado
Illinois
Kentucky
Minnesota
Nevada
Oregon
and Washington.

Here in the State of Washington, the Administrative regulation says,

"Paid 10-minute rest period for each 4-hour work period, scheduled as near as possible to midpoint of each work period. Employee may not be required to work more than 3 hours without a rest period". Additional information here.

My district's decision to reduce the 15-minute break to 10 minutes is perfectly legal and within the bounds of the law. It is the prerogative of RGIS to amend its policies with respect to work and workers in the best interest of the company provided that such changes operates within the bounds of applicable laws.

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