When must a meal period be taken in Washington?

WAC 296-126-092(1) requires that a meal period of at least 30 minutes commence no less than two hours and no more than five hours from the beginning of the shift. No employee may be required to work more than five consecutive hours without a meal period.

Are Washington rest breaks paid?

Yes. WAC 296-126-092(4) states rest periods must be 'on the employer's time' — meaning they are paid. Meal periods are generally unpaid, but only when the employee is completely relieved of duties.

Does Washington law require a premium for missed breaks like California does?

Washington does not provide an automatic premium-pay remedy for a missed break comparable to California's one-hour penalty under Lab. Code § 226.7. An employee with missed or interrupted breaks may file a wage claim with L&I at lni.wa.gov.

Does Washington require breaks for shift workers who are on call during their meal period?

If the employer requires an employee to remain on duty on the premises or at a prescribed work site during the meal period, that meal period is compensable (paid) under WAC 296-126-092(1). Employees who are completely relieved of duties during the meal period are not paid for it.

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Washington break requirements

Washington Meal and Rest Break Requirements

Washington Administrative Code § 296-126-092 mandates both paid rest breaks and unpaid meal periods for most employees. Unlike Alaska and Hawaii, which impose no adult break requirement, Washington actively requires both types of break — with specific timing rules that make the meal-period window one of the most precise in the country.

Washington requires one paid 10-minute rest break for each four hours worked (no more than 3 consecutive hours without one) and one 30-minute meal period beginning no earlier than 2 hours and no later than 5 hours into the shift (no more than 5 consecutive hours without one), under WAC 296-126-092. — Source: WAC 296-126-092 (Washington State Legislature)

Scope: This tool counts required break periods based on shift length. It does not determine whether breaks provided were compliant, whether an exemption applies, or whether missed breaks give rise to a claim. Enter your shift start time to see the exact meal-period window.

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Washington's break rules under WAC 296-126-092

Washington has two distinct break requirements enforced by L&I under WAC 296-126-092.

Rest breaks — paid, 10 minutes per 4 hours

WAC 296-126-092(4): "Employees shall be allowed a rest period of not less than ten minutes, on the employer's time, for each four hours of working time." The phrase "on the employer's time" means rest breaks are paid — they count as hours worked. Breaks 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 employees to take intermittent rest periods equivalent to ten minutes per four hours, scheduled rest periods are not required — but the total paid rest time owed is the same.

Meal periods — unpaid (unless on duty), 30 minutes between hours 2 and 5

WAC 296-126-092(1): "Employees shall be allowed a meal period of at least thirty minutes which commences no less than two hours nor more than five hours from the beginning of the shift." No employee may be required to work more than five consecutive hours without a meal period.

The meal period is unpaid when the employee is completely relieved of duties. If the employer requires the employee "to remain on duty on the premises or at a prescribed work site in the interest of the employer," the meal period is on the employer's time and must be paid.

Entitlement formula

Rest breaks: 1 for every 4 hours worked; at least 1 if shift exceeds 3 hours Meal period: 1 required if shift exceeds 5 hours Meal window: must begin between [shift start + 2 hours] and [shift start + 5 hours]

Worked example: 9 AM to 6 PM shift (9 hours)

Shift start: 9:00 AM Hours worked: 9 Rest breaks: floor(9 ÷ 4) = 2 paid 10-min breaks Meal period: required (shift > 5 hours) Meal window: must begin between 11:00 AM and 2:00 PM (no earlier than 2 hours: 9 AM + 2 = 11 AM; no later than 5 hours: 9 AM + 5 = 2 PM)

Worked example: 4-hour shift

Hours worked: 4 Rest breaks: 1 paid 10-min rest break Meal period: not required (shift ≤ 5 hours)

The meal-period window — Washington's most distinctive rule

The two-to-five-hour window for the meal period is one of Washington's most specific break requirements. An employer cannot push the meal period to hour 6 (a violation of the five-hour maximum), nor can they schedule it within the first two hours of a shift. This window is especially useful to know for:

Evening shifts — a 6 PM–2 AM shift must schedule the meal period between 8 PM and 11 PM.
Short extended shifts — a 5.5-hour shift earns a meal period; a 5-hour shift does not (the cap is strictly more than 5 consecutive hours).
Overtime extensions — WAC 296-126-092(3) also requires a 30-minute meal period when an employee works three or more hours longer than a normal work day, prior to or during the overtime period.

How Washington compares to Alaska and Hawaii

Washington actively mandates breaks for adult employees. By contrast:

Alaska (Alaska break rules) — imposes no meal or rest break requirement on adult employees. The Alaska DOLWD FAQ Q13 states directly: "Employers are not required to give breaks for employees 18 and over." Alaska only requires a 30-minute break for minors ages 14–17 working five or more consecutive hours.
Hawaii (Hawaii break rules) — similarly imposes no adult break mandate. Hawaii's DLIR states: "There is no law that requires rest or meal [breaks for other employees]."

Washington's two-to-five-hour meal window and its three-hour maximum without a rest break represent a substantially more protective regime than either neighboring state.

No automatic break-miss premium in Washington

Washington does not provide an automatic premium-pay penalty for a missed break comparable to California's one-hour premium under Labor Code § 226.7. California's break-miss penalty is a California-specific rule. An employee in Washington who did not receive required breaks may file a wage claim with L&I, but there is no per-missed-break hourly premium in the Washington statute.

What this calculator does not determine

Whether actual breaks provided were compliant in timing, duration, or freedom from duties.
Whether your employer, industry, or job classification is exempt from WAC 296-126-092.
Whether a collective-bargaining agreement or employer policy provides more generous breaks.
Whether an on-duty meal-period agreement was lawfully established in your situation.
Overtime, final paycheck, sick leave, or other wage rights.

Filing a wage claim

Employees who believe Washington break requirements were violated may file a wage claim with the Washington State Department of Labor & Industries at lni.wa.gov/workers-rights/wages/wageclaims.

Sources and verification

Break requirements are drawn from WAC 296-126-092 (Washington State Legislature), verified against statutory text on 2026-08-17. Verbatim quotes: "(1) Employees shall be allowed a meal period of at least thirty minutes which commences no less than two hours nor more than five hours from the beginning of the shift. Meal periods shall be on the employer's time 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. (2) No employee shall be required to work more than five consecutive hours without a meal period. … (4) Employees shall be allowed a rest period of not less than ten minutes, on the employer's time, for each four hours of working time. Rest periods shall be scheduled as near as possible to the midpoint of the work period. No employee shall be required to work more than three hours without a rest period."