Washington · WAC 296-126-092 · meal and rest
Washington meal and rest (WAC 296-126-092)
WAC 296-126-092 requires a 10-minute paid rest per four hours of working time and a 30-minute meal if the shift is more than five hours. Missed rest is 10 extra minutes as hours worked, then 1.5× after 40. Classic $20 × five 10h → $1,150 vs FLSA $1,100 vs KS 46 $1,040 vs MD 48 $1,020 vs NY residential 44 $1,060 vs 778.310 $1,182.50 vs MO 52 $1,000.
How WAC 296-126-092 pays
The official Washington Administrative Code (HTTP 200, apps.leg.wa.gov) and L&I Administrative Policy ES.C.6.1 (HTTP 200 PDF, rev. 12/1/2017) say 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, scheduled as near as possible to the midpoint, and no employee shall be required to work more than three hours without a rest. Rest periods are hours worked. This punch UI has no rest-taken flag: required rests are treated as missed unless you check that rests were provided or that intermittent rests under 092(5) equaled 10 minutes per four hours.
Each missed rest adds 10 minutes of compensable time. Those minutes count toward the 40-hour weekly overtime threshold (leftover FLSA § 207(a)). Formula: compensable = punch hours + 10 min × missed rests (+ on-duty meal catch-up if a short lunch was clocked); total = regular hours × rate + OT hours × rate × 1.5.
Meal: more than five hours → 30 minutes between the second and fifth hour. Completely relieved → unpaid and not hours (lunch ≥ 30). ES.C.6.1 Q7: if the employee is on duty and already paid for the meal period, an extra 30-minute meal is not required. A short clocked lunch (under 30) is added back to 30 as on-duty hours. Lunch 0 on a stay-punched-in shift already includes work-through time — this page does not add another 30.
This is not California LC 226.7 (one extra hour, not hours worked), not Minnesota 15-minute rest plus equal liquidated damages, not Demetrio agricultural piece-rate rest, and not waiting-time.
Five 10h days @ $20, missed rests (2×10 min × 5) → +100 min; 51.667h; extra half-time after 40 → $1,150.
Same punches on /overtime/ (no extra rest) → $1,100.
Rests provided or intermittent 092(5) → $1,100.
Same on /kansas-overtime/ → $1,040.
Same on /maryland-bowling-residential-overtime/ → $1,020.
Same on /new-york-miscellaneous-residential-overtime/ → $1,060.
Same on /flsa-778-310-lump/ + $75 → $1,182.50.
Same on /missouri-amusement-overtime/ → $1,000.
Five 8h missed rests → $850 vs FLSA $800. Five 3h days (no rest required) → $300.
Sources
- WAC 296-126-092 Meal periods—Rest periods (HTTP 200)
- L&I Administrative Policy ES.C.6.1 (non-agricultural workers 18+, rev. 12/1/2017) (HTTP 200 PDF)
- RCW 49.12.020 Industrial Welfare Act conditions of labor (HTTP 200)
- Cornell LII WAC 296-126-092 (HTTP 200)
- L&I administrative policies index (ES.C.6.1 / ES.C.6.2) (HTTP 200)
FAQ
How many rests on a 10-hour day?
Two. One 10-minute rest per four hours of working time. The leftover two hours is not over three hours, so no third rest on this page.
Do missed rests create overtime after 40?
Yes. The extra 10 minutes are hours worked. Five 10-hour days plus 100 minutes is 51.667 hours, so 11.667 hours at 1.5×.
Is this California 226.7?
No. CA pays one extra hour per workday and does not treat that hour as hours worked. Washington adds 10 minutes per missed rest as hours worked.
Is this Minnesota meal/rest?
No. Minnesota uses a 15-minute rest and equal liquidated damages. Those minutes are not hours worked on /minnesota-meal-rest/.
Agricultural piece-rate rest?
Use /washington-agricultural-piece-rate-rest/ (WAC 296-131 / Demetrio). The Agriculture checkbox turns this page's add-on off.