Washington meal and rest breaks under WAC 296-126-092
Reviewed Sep 27, 2026 4 official sources How we verify
Not a substitute for the advice of an attorney. General information; laws vary by state. Terms of use
The answer
Yes: 30 minute meal, paid 10 minute rest per 4 hours
WAC 296-126-092 sets three duties. A meal period of at least 30 minutes starts between the second and fifth hour of the shift, and nobody works more than five hours in a row without one. A paid rest period of at least 10 minutes is given for each four hours of work, and no one works more than three hours without a rest period. A second 30 minute meal is due before or during overtime for anyone working three or more hours past a normal workday. (WAC 296-126-092, Meal periods and rest periods)
“Paid 10-minute rest period for each 4-hour work period, scheduled as near as possible to midpoint of each work period. Employee may not be required to work more than 3 hours without a rest period.”
What it means for Washington employers
The three hour limit is what shapes Washington schedules. Because a rest period has to arrive before the fourth straight hour, an eight hour day usually carries a break in the morning block and another in the afternoon block, each scheduled as close as possible to the midpoint of its work period. (Washington L&I, Rest breaks, meal periods and schedules)
Rest periods are on the employer's time, which means paid. The Department of Labor and Industries (L&I) says an employer can require workers to remain on the job site during a rest break. (WAC 296-126-092 (U.S. DOL WHD rest period table))
Meal periods are unpaid only when the worker is truly free. Under the rule, the meal is paid whenever the employer keeps the worker on duty, whether at the business location or at a work site the employer designates. L&I adds that workers can be required to stay on site for a meal only if they are completely free from work duties. (U.S. DOL WHD, Meal period requirements under state law)
L&I says an employee can waive the meal break requirement when both the employee and the employer agree; the rest break has no such waiver in the rule. (WAC 296-126-092 (U.S. DOL WHD rest period table))
Some jobs do not lend themselves to a scheduled pause. Subsection (5) allows intermittent rest instead, and L&I describes these as mini breaks that together add up to at least 10 minutes in each four hour period. (WAC 296-126-092 (U.S. DOL WHD rest period table))
Overtime triggers more than extra pay. A shift that runs three hours or more past the normal workday adds a second 30 minute meal, given before the overtime starts or during it. (WAC 296-126-092 (U.S. DOL WHD rest period table))
Exceptions and special cases
- The U.S. DOL table notes that the rule excludes newspaper vendors or carriers, domestic or casual labor around a private residence, sheltered workshops, and agricultural labor, which has a separate rule. (WAC 296-126-092 (U.S. DOL WHD rest period table))
- L&I says employees under 18, agricultural workers and health care workers have different or additional standards published on separate L&I pages. (WAC 296-126-092 (U.S. DOL WHD rest period table))
- Scheduled rest periods are not required when the nature of the work allows intermittent rest equivalent to 10 minutes per four hours (WAC 296-126-092(5)). (WAC 296-126-092, Meal periods and rest periods)
Worked examples
Shift from 8:00 a.m. to 4:30 p.m.
The meal period starts no earlier than 10:00 a.m. and no later than 1:00 p.m. Rest periods fall near the middle of each block, for example around 9:30 a.m. and 2:30 p.m., so no stretch exceeds three hours without a rest period. (WAC 296-126-092 (U.S. DOL WHD rest period table))
Normal day of 8 hours extended to 11 hours
Three hours beyond the normal workday means a second 30 minute meal before or during the overtime, plus the rest periods for the additional working time. (WAC 296-126-092 (U.S. DOL WHD rest period table))
Meal period with a radio on
A security guard told to stay at the gate and answer the radio during lunch remains on duty at a prescribed site, so the 30 minutes are paid work time. (WAC 296-126-092 (U.S. DOL WHD rest period table))
How to act on it
Breaks: Washington and neighboring states
Each state links to its rulebook. Only rules we verified are shown.
| State | Meal break | Rest break |
|---|---|---|
| Washington | 30 minutes | 10 min per 4 hours |
| Oregon | 30 minutes | 10 min per 4 hours (full page) |
| Idaho | Pending verification | Pending verification |
Questions about Washington break rules
Are rest breaks paid in Washington?
Yes. WAC 296-126-092(4) puts rest periods on the employer's time.
Can a Washington employee waive the meal break?
L&I says yes, when both the employee and the employer agree.
How long can an employee work without a rest break?
No more than three hours under WAC 296-126-092(4).
Can I require workers to stay on site during breaks?
For rest breaks, yes. For meal breaks, only if they are completely free from work duties; if kept on duty, the meal is paid.
When is an extra meal period required?
When the employee works three or more hours longer than a normal workday, before or during the overtime.
The verified rules behind this page (3)
- Employees must be allowed a meal period of at least 30 minutes (½ hour) when working more than 5 consecutive hours, starting no less than 2 hours nor more than 5 hours from the beginning of the shift; it is paid time if the employee must remain on duty. (WAC 296-126-092 (U.S. DOL WHD meal period table); verified Sep 27, 2026)
- Overtime additional meal: Employees working 3 or more hours beyond a normal workday must be allowed an additional 30-minute (½ hour) meal period before or during the overtime. (WAC 296-126-092 (U.S. DOL WHD meal period table); verified Sep 27, 2026)
- Paid rest period of at least 10 minutes for each 4 hours of working time, scheduled near the midpoint; no employee may be required to work more than 3 hours without a rest period. (WAC 296-126-092 (U.S. DOL WHD rest period table); verified Sep 27, 2026)
Sources (4)
Checked Sep 27, 2026 · How we verify every rule · Report an error
General information, not legal advice. Not a substitute for the advice of an attorney. This page is for general information only and isn’t legal, financial or tax advice. Laws vary by state and change; check the official source or talk to a qualified professional about your situation. Report an error