See FLSA: Overtime for more information regarding overtime requirements. If your manager says that closing procedures have to be finished by 11pm you need to keep working, but you DON'T have to clock out. They must allow them to take a paid rest period of not less than ten (10) minutes for each four (4) hours worked. THE 2023 POSTING DEADLINE HAS PASSED! Applicable when two or more employees are on duty. WA Admin. Code 296-131-020(2). However, many employees work unusual shifts and go above and beyond this standard, putting in more than the average 40 hours. According to Washington labor laws breaks, a business is not mandated to pay for meal periods if the worker is free from any duties for the duration of the meal period. The Fair Labor Standards Act (FLSA) states that any work over 40 hours in a 168 hour period is counted as overtime, since the average American work week is 40 hours - that's eight hours per day for five days a week. The State minimum wage is: $9.25 per hour effective January 1, 2019; $10.00 per hour effective January 1, 2020; $11.00 per hour effective January 1, 2021. LEXIS 156695 (W.D. Recording meal time and monitoring time records to ensure non-exempt employees are taking their full 30 minutes. Please log in as a SHRM member. This is fairly common labor law in many states. The right to receive paid rest breaks cannot be waived by the worker or employer. Employers must give meal and rest breaks to workers. For a work period longer or shorter than 8 hours, please refer to the chart above for more information about what the law requires. If an employee works more than 5 hours per day (unless the shift is only 6 hours or less) they are required to have a half-hour meal break. Meal periods are unpaid as long as the workers are fully relieved of duties during the entirety of their meal periods. The tables below show the hours youth 14-17 years old can work. They do not need to have a parent/school authorization form. Employers must give 16- and 17-year olds a 10-minute break for every 3 hours of work. Intermittent rest periods are periods of time shorter than ten (10) minutes, usually unscheduled, in which employees are allowed to rest, relax, and engage in brief personal activities while relieved of all work duties. In these situations, scheduled 10-minute rest periods are not required. Arkansas is not among them, however. Policy ES.C.6.1. WA Statute 43.10.005; WA Dept. Teens 16-17 years old who are emancipated by court order. 50 an hour Shift Differential on 12 hour shifts. When schools in session, a students priority should be school, whether theyre in a classroom, learning online, or homeschooled. In some cases, breaks may be required due to standing labor union agreements. An administrative penalty of up to $1,000 for each violation may be assessed an employer who discharges or discriminates against an employee for complaining or providing information to the Delaware Department of Labor pursuant to a violation of this requirement. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Wage and Hour Division If an employer chooses to provide severance benefits, it must comply with the terms of its established policy or employment contract. WA Dept. An agency within the U.S. Department of Labor, 200 Constitution Ave NW When they are called into work during their rest periods, the rest period converts to an intermittent rest period and employers must ensure that they subsequently receive enough break time to meet the ten (10) minute requirement. The employer must ensure workers receive their meal period. Labor Commissioner is directed to exempt by regulation any employer on a finding that compliance would be adverse to public safety, or that duties of a position can be performed only by one employee, or in continuous operations under specified conditions, or that employer employs less than 5 employees on a shift at a single place of business provided the exemption applies only to employees on such shift. [CDATA[/* >