Under Washington State’s meal break statute, an employer must provide an employee working five or more consecutive hours a 30-minute meal period, although employees may waive the meal break. In answering questions certified to it by a federal district court, the Washington Supreme Court in the matter of Brady v. Autozone Stores, Inc. explained that an employer does not always violate the statute whenever an employee misses a meal break. However, the Court rejected an employer-friendly approach when explaining which standard applies when an employee misses a meal break.
The Court advised that the employer’s burden is not simply to provide the employee with a meaningful, reasonable opportunity to take the meal break, without impeding or discouraging the employee from doing so. A greater burden exists on employers when an employee asserts a meal break violation and provides evidence that shows that he or she did not receive a timely meal break. The employer has two options. It can either show that (1) there was no violation, i.e. the employee was in fact provided a meal break, or (2) a valid waiver existed.
Coverage: Employers with employees in Washington.
Effective: The Court issued its opinion on June 29, 2017.
Action Required: Employers should continue ensuring that their employees are taking required meal breaks or, if an employee elects to waive that right, that proof of the waiver exists, preferably in writing and signed by the employee.
Produced in cooperation with Jackson Lewis P.C.