Breaks & Meal Periods	in Spanish

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What are the break and meal period requirements for adult workers?

• When must a worker get rest breaks?
  • Workers must be allowed a paid rest break of at least 10 minutes for each 4 hours worked.
  • The rest period must be allowed no later than the end of the third hour of the shift.
• Can workers take several "mini" breaks instead of a 10 minute break?
  • Yes. Businesses may allow workers to take several "mini" breaks in each 4 hours of working time. If these mini breaks total 10 minutes this substitutes for a scheduled rest break.
  • Examples of mini breaks are personal phone calls, eating a snack, personal conversations, smoke breaks, and whenever there is no work to do for a few minutes during a work shift.
• What is a worker allowed to do during a rest break?

  Rest breaks can be used as a worker chooses, except they are subject to whatever policies the business has established.

• Can a worker smoke while on break?

  Yes, if the business allows smoking around the workplace, workers can smoke during a break if their employer permits them to go outside to smoke; state law prohibits smoking within 25 feet of a building's entrance, pursuant to RCW 70.160. However, the business has the right to prohibit smoking on the work premises or job site.

• Can a business or organization require workers to stay at the workplace building or site during rest breaks and meal times?

  The business may require workers to stay on the work site during:

  • Their paid rest periods.
  • Their meal period IF the business pays the worker during that meal period.
  • Their meal period without paying them IF the workers are completely relieved from duty for the entire meal period and will never be called back to work during the meal period.
• Must a business or organization provide a room where workers can eat meals or take rest breaks?

  No.

• When must a worker get a meal break?

  If more than 5 hours are worked in a shift:

  • Workers must be allowed at least a 30 minute meal period.
  • Workers must be at least two hours into the shift before the meal time can start.
  • The meal time cannot start more than five hours after the beginning of the shift.
• Must workers be paid during their meal break?
  • A business is not required to pay for meal periods if workers are free from any duties for their entire meal period.
  • Workers must be paid during their meal break when:
  • They are required or allowed to remain on duty.
  • They are required to be on-call at the business premises or designated worksite to be available to return to duty even if they are not in fact called back to duty.
  • They are called back to duty during their meal period even though they normally are not on call during the meal period.
• Can a worker choose to give up his or her meal break?

  Workers may give up their meal period if they prefer to work through it and if the employer agrees.

  Business owners please note: The Department of Labor and Industries recommends that you get a written statement from workers who want give up their meal periods.

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For more detail, see L&I Administrative Policy:
Meal and Rest Periods (ES.C.6) (21 KB PDF)

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