Ferraro Vega Employment Lawyers stands up for the workplace rights of workers throughout Seattle. You’re probably familiar with lunch and rest breaks at work, no matter what job you have. That said, your employer might not always give you that time. If that happens, you have options for holding them accountable that our team can help you with. Contact us today for a free consultation.
Why Would You Need a Lawyer?
If your employer isn’t giving you proper meal or rest breaks in Seattle, they’re in violation of state law. With that said, there’s certain situations where it’s just an honest mistake—something that clears up with a quick conversation. But when your employer ignores the law or continues to deny your right to take breaks (or get paid for the ones you’ve missed), it’s time to think about legal support. That’s where our team can step in and help you by:
- Break down your legal rights and walk you through what to expect
- Gather time records, schedules, and other key evidence to support your claim
- Take over all communication so you don’t have to go back and forth with your employer
- Work to recover any unpaid wages, penalties, or damages you’re owed
If your boss won’t correct the problem, we’re ready to help you stand up for your rights. It’s an awkward situation, but it’s also important. Meal and rest break violations could be just the start of other problems–but our team will be there to support you throughout the process.
What Do You Need to Do If You Aren’t Being Given Meal and Rest Breaks?
In Seattle (and throughout Washington), workers who work more than five hours in a single shift have the legal right to a 30-minute unpaid meal break that must be:
- Free from work duties that start between their second and fifth hour of the shift.
Going a step further, if your boss says you have to stay on duty, be “on call”, or you’re called back into an active work situation that interrupts your break, you have to be paid for that time. While that’s clear enough, it raises a big question: what do you do if your employer isn’t providing you with meal or rest breaks? Start by doing the following:
- Track your hours and breaks – Write down when you start and end your shift, when you take your meal breaks (if at all), and whether you had to work through them. Save your pay stubs, timesheets, and schedules.
- Talk with your coworkers – If others on your team are dealing with the same thing, their input can strengthen your claim. In some cases, this could be the beginning of a class action case.
- Check your employer’s policies – Compare your company’s break policy to what Washington law requires. If your employer has a written policy that’s out of line with state rules, that’s evidence, too.
Even when it feels obvious that your employer isn’t giving you proper meal breaks, proving it legally is another story. That’s why documentation is key. If you’re thinking about filing a claim–or even just want to protect yourself if things get worse–you’re going to need this evidence.
Can I File a Claim If My Employer Won’t Give Me Meal or Rest Breaks?
Even though state law is clear, and every employer is expected to follow it, that doesn’t always happen. If your employer continually skips over this requirement–or makes you work straight through–there are legal options available:
- File a complaint with the Department of Labor & Industries (L&I) – L&I handles wage and hour violations in Washington. If they find your employer broke the law, they can demand back pay, penalties, and changes to company practices.
- File a lawsuit in civil court – If the state’s response isn’t enough, or if the lost wages are significant, you can sue your employer directly in civil court. A lawsuit may help you recover “damages” that can include:
- Lost income for every missed break
- Back pay for lost earnings
- Additional damages for willful violations
- Emotional distress (in certain cases)
- Legal fees and court costs
- Join or start a class action lawsuit – If your coworkers have also missed breaks, a class action may be the best path. This approach allows you to collectively file your lawsuit and share in any damages that are awarded.
Washington generally gives you three years to bring a claim for missed meal or rest breaks. But in workplace claims, sooner is better–too long can mean missing out on crucial evidence or being able to file a claim altogether.
How Do Employers in Seattle Violate Meal and Rest Breaks?
Every work situation is unique, and it’s true that there are certain situations–like emergencies or busy times of the season–where you might have to work through a meal or rest break. Hopefully, it’s just a one-time occurrence that your employer makes up to you. But some employers try to cut corners–sometimes subtly, sometimes as a larger pattern of bad behavior. Regardless, though, it’s important to be able to recognize how they might do this:
- Not providing a break at all – This is the most obvious violation. If you work more than five hours without being offered a 30-minute unpaid meal break, your employer is out of compliance.
- Interrupting your break – Your break must be free from duties. If you’re answering calls, watching the front desk, or staying “on call” during your meal, that’s not a real break under the law.
- Scheduling breaks too late in your shift – Meal breaks are supposed to happen between the second and fifth hour of your shift. If your employer pushes your break to the end–or skips it entirely–that’s a violation.
- Failing to give paid rest breaks – In addition to a meal break, Washington law requires a paid 10-minute rest break for every four hours worked. If you’re not getting this time, especially in physically demanding or high-stress roles, your employer could be liable.
- Forcing employees to waive breaks – You can’t legally waive your right to a meal or rest break just because your employer asks. Even if you signed a form, they’re still required to provide these breaks under the law.
- Retaliating for asking about breaks – If you speak up about missed breaks and your employer cuts your hours, disciplines you, or treats you differently, that could be retaliation–which is a separate violation of your rights.
Seattle workers across industries–from restaurants and retail to warehouses and healthcare–are vulnerable to these kinds of violations, especially when your employer puts speed and profits over your rights.
Reach Out to Ferraro Vega If You Aren’t Getting Meal or Rest Breaks in Seattle
When your employer violates your right to a meal or rest break in Seattle, it’s not just unsettling–it’s illegal. You work hard to provide for your family and pay your bills, so you shouldn’t have to worry about your employer cutting corners. If something doesn’t feel right about how your breaks are handled, it’s worth looking into your legal options. And our team will be there to guide and support you. Reach out today for a free, no-obligation consultation.