Washington · agricultural piece-rate rest
Washington agricultural piece-rate rest (WAC 296-131-020 / Demetrio)
Under WAC 296-131-020(2), Demetrio v. Sakuma Brothers Farms, and L&I ES.C.6.2, agricultural piece-rate rest must be paid separate from piece-rate at the greater of regular rate or Washington MW ($17.13 in 2026). Regular rate = (piece + Carranza downtime + nondiscretionary bonus) ÷ hours excluding rest. If RR ≤ MW, bring ALL hours including rest up to MW. Example: $500 piece + 6h downtime / 60h → MW-floor $1,199.10 (a CA LC 226.2-style ticket on the same punches is far lower). Not /california-piece-rate-rest/.
How Demetrio / ES.C.6.2 pays
WAC 296-131-020(2) requires a paid rest period of at least ten minutes, on the employer's time, in each four-hour period. The Washington Supreme Court in Lopez Demetrio v. Sakuma Brothers Farms held that piece-rate workers must receive rest pay separate from the piece rate, at not less than the greater of their regular rate or the applicable minimum wage.
Regular rate for rest. Add piece-rate earnings, Carranza downtime pay, and nondiscretionary bonuses; divide by hours worked excluding rest. Rest pay = rest hours × that rate when it exceeds MW.
MW-floor path (ES.C.6.2 example 12-2). When the rest regular rate is at or below MW, multiply all hours worked (including rest) by MW and make up the difference from piece + downtime already paid. That covers rest and any piece shortfall in one make-up.
Downtime (Carranza). Meetings, travel between fields, PPE, and waiting on equipment are paid separately at no less than MW and enter the rest RR numerator.
Overtime. Since 1 Jan 2024, agricultural employees earn 1.5× after 40 (RCW 49.46.130). Piece, downtime, and rest already paid straight time, so this page adds the half-time premium on RR = gross including rest ÷ total hours including rest.
$1,000 piece + 6h downtime @ $17.13 + 2h rest / 60h → rest RR $19.01 → separate rest $38.02 → OT half-time $190.10 → total $1,330.90.
$500 piece + 6h downtime + 2h rest / 60h → rest RR $10.39 ≤ MW → MW×60 make-up → OT $171.30 → total $1,199.10 (CA LC 226.2-style on same punches ≈ $726).
$1,000 piece / five 10h days (WAC rest assumed 100 min) → separate rest at RR ≈ $20.69 → total about $1,137.93 with half-time OT.
$800 piece / five 8h days + 80 min rest → no OT · rest at RR or MW floor.
Sources
- WAC 296-131-020 Meals and rest periods (official Code Reviser text)
- L&I Administrative Policy ES.C.6.2 (agricultural meal/rest/rates of pay)
- L&I — Agricultural rest breaks & meal periods
- Lopez Demetrio v. Sakuma Brothers Farms, 183 Wn.2d 649 (2015)
- L&I Minimum Wage (2026 statewide $17.13)
FAQ
How is WA ag piece-rate rest calculated?
Separate from piece at greater of RR or MW. RR = (piece + downtime + nondiscretionary bonus) ÷ hours excluding rest. If RR ≤ MW, bring all hours including rest up to MW.
Same as /california-piece-rate-rest/?
No. CA LC 226.2 is general piece-rate rest/recovery with IWC major-fraction timing and a safe-harbor option. WA is ag-specific Demetrio / WAC 296-131 with an all-hours MW-floor path when RR ≤ MW.
Does downtime count in the rest rate?
Yes. Carranza downtime pay (≥ MW) enters the rest RR numerator; downtime hours stay in the active-hours divisor (only rest is excluded).
Overtime after 40?
Yes for agricultural employees since 1 Jan 2024. This page adds half-time on the RR that includes rest pay.
Rest minutes blank?
Assumes floor(daily hours ÷ 4) × 10 minutes, matching L&I ES.C.6.2 day examples. Type recorded minutes to override.
Hotel or non-ag piece-rate?
Out of scope. This page is agricultural employment under WAC 296-131. Non-ag rest is a different chapter. Hotel workload cousins stay on their own pages.