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USLF Multistate Employment Law Handbook - Guide

Labor Laws In California Breaks In Washington

Category:

Employment - Handbooks

State:

Multi-State

Control #:

US-002HB

Format:

Instant download

Description

This Handbook provides an overview of federal laws addressing employer-employee rights and obligations. Information discussed includes wages & hours, discrimination, termination of employment, pension plans and retirement benefits, workplace safety, workers' compensation, unions, the Family and Medical Leave Act, and much more in 25 pages of materials.

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Employers cannot require employees to request rest breaks; instead, they must facilitate these breaks and ensure they occur. This is because rest breaks are considered a legal right under California law, not a matter of personal discretion.

All workers must receive a meal period of at least 30 minutes for every 5 hours worked. If they work more than 11 hours in a day, then they must receive an additional meal period of at least 30 minutes.

The Occupational Safety and Health Administration (OSHA) has neither researched nor issued standards requiring that workers be permitted lunch and rest breaks in the course of their workday.

Employees can waive their meal break requirement if both they and their employer agree. Employees cannot waive rest break requirements. Employers may file a Variance Application (F700-089-000) to modify rest and meal break requirements.

Shifts up to 6 hours: Typically, there is no statutory break entitlement for shifts of 6 hours or less. Shifts over 6 hours: Workers are entitled to a 20-minute rest break. This break should be uninterrupted and taken in one block, preferably in the middle of the shift.

Employers who make it difficult or impossible for their workers to take these legally-protected breaks owe their workers compensation for forcing them to miss their breaks. Should they fail to provide this compensation, these employers could face a lawsuit based on California law.

Washington Meal Break Law. Employees working more than 5 hours in a shift are entitled to a 30-minute unpaid meal break. Unpaid meal breaks are not considered “hours worked.”

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Employees cannot be required to work more than 3 hours without a rest break. Workers have a right to at least a 30minute meal break or each 6 hours worked in a calendar day.In the state of Washington, every worker is entitled to a minimum paid break of 10 minutes per 4 hours on the clock. However, states like California have strict regulations, requiring employers to provide a tenminute paid break for every four hours worked. The Washington law on breaks is that you must take a 30 minute unpaid break if you work at least 6 hours. In Washington, employees cannot work more than three consecutive hours without a break. Nonexempt California employees must be given a meal or lunch break for a minimum of 30 minutes for shifts longer than five hours. Employers must "provide" 30minute meal breaks. California Labor Code Sections 226.7 and 512, as well as Section 11 of California Wage Order No. Nonagricultural employees in Washington must be allowed a 30 minute meal break if they have worked five hours or more continuously.

Labor Laws In California Breaks In Washington

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FAQ

Can my employer force me to take a break California?

Is it illegal to not take a lunch break in Washington?

Is it an OSHA violation to not take a lunch break?

Can I skip my lunch break in Washington state?

Do you have a break on a 4 hour shift?

Can I sue my employer for not giving me breaks in California?

What happens if I take my lunch after 5 hours in Washington state?

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