Legal Question in Employment Law in Washington

restroom breaks
I work 8-12 hr shifts at my job with no scheduled breaks. However, my employer insists that I clock in and out each time I use the restroom. This is usually 2 or three times in a full day shift. While I'm aware that I'm being denied the breaks I'm entitled to by law, I'm wondering if it is legal to dock my pay for each restroom break that I take. I work at a kiosk in a mall, so it takes a minute to reach a bathroom. All total, I'm gone from my station between 3 and 5 minutes each trip. Thank-you in advance for any light you could shed on this for me.

Asked on 11/03/07, 3:27 pm

2 Answers from Attorneys

Susan Beecher Susan L. Beecher, Atty at Law

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Re: restroom breaks

Your employer must give you a ten minute break for each four hours that you work. These can be broken into smaller "mini breaks" (for example, two five-minute breaks), but are paid breaks in any case. If you are working 8-12 hours, you are entitled to two or three of these (depending on how long the shift is.) Your bathroom breaks are essentially mini-breaks, and unless you are exceeding ten minutes every four hours, you should not be docked. By the way, since your shift exceeds 5 hours, you are also entitled to an unpaid 30 minute meal break.

Answered on 11/03/07, 6:21 pm

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Merry Kogut Key Peninsula Law

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Re: restroom breaks

I agree with Ms. Beecher. I'm just writing to add that you can contact the WA State Dept. of Labor and Industries (L&I) for more information and help.

Merry Kogut

[email protected]

Answered on 11/04/07, 1:12 pm

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