New Washington State Court Decision On Rest Breaks

A new Washington Court of Appeals decision, Wingert v. Yellow Freight Systems, establishes that employees may sue for lost wages under the Washington Minimum Wage Act, RCW 49.52, if they are denied a paid ten-minute rest break for every four hours worked. In the aggregate, such wage claims could be substantial.

The Regulation At Issue. The Washington Administrative Code (WAC) 296-126-092(4) requires that:

Employees shall be allowed a rest period of not less than 10 minutes, on the employer's time, for each 4 hours of working time. Rest periods shall be scheduled as near as possible to the midpoint of the work period. No employee shall be required to work more than three hours without a rest period.

The Department of Labor and Industries maintains that this regulation applies to all nonexempt employees.

The Claims. This case arose when nonexempt employees of Yellow Freight Systems, Inc. brought suit alleging that although they got their paid breaks during regular hours, Yellow Freight failed to provide rest periods if they worked two hours of overtime or less past their regular shift. They would thus receive no rest period from the time their regular afternoon break ended at 2:45 until they were excused for the day, often at 6:30, a period of nearly four hours. The employees claimed that they were entitled to a break at least every three hours they work, thus entitling them to a paid 10-minute rest break during those overtime hours. They sought lost wages for each 10-minute period of work the company received from them when they allegedly should have been on break.

Breaks Must Be Given During Overtime Hours. Yellow Freight argued, first, that the regulation was ambiguous, and should be interpreted to apply only to straight time hours worked, and not to overtime. The Court of Appeals rejected this argument, holding that the regulation does not differentiate between regular or overtime hours worked, and unambiguously prohibits working employees for longer than three consecutive hours.

Employees Must Be Paid For Breaks Not Taken. Yellow Freight then argued that the employees had lost no wages, reasoning that failure to allow rest periods results in lost time, not lost wages, and that its employees were paid for every minute they actually worked. The Court of Appeals reasoned, however, that it would be inequitable for an employer to have the benefit of its employees' labor when the employees were legally entitled to a rest break. The court held that failure to allow employees work in excess of three consecutive hours a paid 10-minute rest break gives rise to a claim for lost wages.

Limits Of Collective Bargaining. Finally, the court addressed the role of collective bargaining, holding that the employees' claim was not subject to the grievance procedure of the collective bargaining agreement because it was a statutory wage claim and, as such, was separate and distinct from rights under the agreement. The court also held that employees may not bargain collectively to waive the 10-minute break rule set out in the regulation.

Conclusion. In the aggregate, missed 10-minute rest periods can add up to substantial time, and significant exposure for wage claims. This decision should alert employers to make sure that nonexempt employees are able to take their 10-minute rest periods, and that breaks are permitted during overtime hours.