If you are an employer dentist, please take a moment to read the following legal alert, which summarizes key aspects of the Washington state law regarding rest and meal periods for non-exempt employees in dental offices. WSDA wants you to be aware that dental offices in our state have been the subject of lawsuits concerning rest and meal periods for employees. Please confirm that you are in compliance with all related requirements.

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This legal alert summarizes certain aspects of the current Washington state law regarding rest and meal periods applicable to the non-exempt employees in dental practices. Washington is one of several states requiring rest and meal periods for employees. These requirements are set forth in Washington Administrative Code § 296-126-092.

Rest Periods

An employee must be allowed a rest period of not less than 10 minutes, on the employer’s time (i.e., at the employer’s expense) for each four hours of working time. Rest periods must be scheduled as near as possible to the midpoint of the work period. No employee may be required to work more than three hours without a rest period.

Where the nature of the work allows an employee to take intermittent rest periods equivalent to 10 minutes for each four hours worked, scheduled rest periods are not required.

The Department of Labor & Industries describes intermittent rest periods as intervals of short duration in which an employee is allowed to rest and can include personal activities such as making personal telephone calls and attending to personal business. In certain circumstances, an employer may require an employee to remain on-call during his or her paid rest breaks. An employee may remain on-call during rest periods, but if he or she is called to duty, the break becomes an intermittent rest period.

Meal Periods

In addition to rest periods, an employee must be allowed a meal period of at least 30 minutes that commences no less than two hours and nor more than five hours from the beginning of the employee’s shift. Generally, meal periods may be unpaid. However, meal periods must be on the employer’s time (i.e., are compensable) when the employee is required by the employer to remain on duty on the premises or at a prescribed work site in the interest of the employer. The Department of Labor & Industries provides the following guidance through Frequently Asked Questions on whether meal periods are compensable:

When may meal periods be unpaid?
Meal periods are not considered hours of work and may always be unpaid as long as employees are completely relieved from duty and receive 30 minutes of uninterrupted mealtime. It is not necessary that an employee be permitted to leave the premises if he/she is otherwise completely free from duties during the meal period. In such a case, payment of the meal period is not required; however, employees must be completely relieved from duty and free to spend their meal period on the premises as they please. These situations must be evaluated on a case-by-case basis to determine if the employee is on the premises in the interest of the employer. If so, the employee is “on duty” during the meal period and must be paid. Employees who remain on the premises during their meal period on their own initiative and are completely free from duty are not required to be paid when they keep their pager, cell phone, or radio on if they are under no obligation to respond to the pager or cell phone or to return to work. The circumstances in determining when employees carrying cell phones, pagers, radios, etc. are subject to payment of wages must be evaluated on a case-by-case basis.

When must the meal period be paid?
Meal periods are considered hours of work when the employer requires employees to remain on duty on the premises or at a prescribed work site and requires the employee to act in the interest of the employer. When employees are required to remain on duty on the premises or at a prescribed work site and act in the interest of the employer, the employer must make every effort to provide employees with an uninterrupted meal period. If the meal period should be interrupted due to the employee’s performing a task, upon completion of the task, the meal period will be continued until the employee has received 30 minutes total of mealtime. Time spent performing the task is not considered part of the meal period. The entire meal period must be paid without regard to the number of interruptions.

As long as the employer pays an employee during a meal period in this circumstance and otherwise complies with the provisions of WAC 296-126-092, there is no violation of this law, and payment of an extra 30-minute meal break is not required.

No employee may be required to work more than five consecutive hours without a meal period. For example, an employee who normally works a 12-hour shift shall be allowed to take a 30-minute meal period no later than at the end of each five hours worked.

An employee working three or more hours longer than a normal workday must be allowed at least one 30-minute meal period prior to or during the overtime period. A “normal workday” is the shift the employee is regularly scheduled to work. If the employee’s scheduled shift is changed by working a double shift, or working extra hours, the additional meal period may be required. An employee working a regular 12-hour shift who works three hours or more after the regular shift would be entitled to a meal period and possibly to additional meal periods depending upon the number of hours to be worked. The second 30-minute meal period must be given within five hours from the end of the first meal period and for each five hours worked thereafter.

Waivers and Variances

An employee can waive his or her meal break requirement if both the employee and employer agree. In contrast, the employee cannot waive his or her rest period requirements.

Employers may file a variance application, called an Employment Standards Variance Application, with the Washington State Department of Labor & Industries to modify rest and meal period requirements.

Practical Takeaways

Dental practices should undertake the following:

• Review their compliance with Washington’s rest and meal period requirements;
• Ensure their human resources personnel are trained regarding these requirements; and
• Maintain thorough documentation reflecting the rest and meal period policies and procedures and compliance with the same.

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Free Webinar: Class Action Alert — PNW Employers in the Crosshairs for Meal/Rest Period Claims

Tuesday, April 4
12:00 PM PST

Attend this free webinar to learn more about Washington and Oregon’s meal and rest period requirements, which impact employers of all sizes.

Register