December 19 hearing set for WSHA challenge to L&I meal and rest break policy

November 26, 2024

WSHA is challenging Department of Labor and Industry Policy HLS.A.2, on hospital meal and rest breaks, arguing in its motion for summary judgement that the policy is, in fact, an improperly adopted rule under the Washington State Administrative Procedures Act.

The most problematic parts of the rule include restrictions on hospitals’ use of default waivers of breaks and negotiation with unions about the timing of breaks. Both restrictions are problematic for structuring 12-hour shifts in a way that support workers. The policy also requires a 30-minute penalty be paid for any missed or untimely meal breaks.

However, this issue is currently being litigated in a separate case, Androckitis v. VMMC, which is on appeal to the Washington State Supreme Court. WSHA members interested in hearing the argument on the motion for summary judgment can attend in person in Judge Carol Murphy’s courtroom or virtually.

Date: Dec. 19, 2024

Time: 1:30 p.m.

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Then enter the following information:

Meeting ID: 758 8979 0163

Passcode:  080328

Before the hearing:

▪ Make sure you have a good internet connection

▪ Download Zoom. https://zoom.us/download

▪ Practice with the app so you feel comfortable.

▪ Make sure your screen name is your first and last name.

▪ No profile picture/photo is allowed.

▪ Remember that you are still appearing in court and should act appropriately.

▪ Charge your computer or mobile device. If you are calling in by phone, make sure you have enough minutes.

▪ Use earbuds or headphones if you can. This frees up your hands and improves sound quality.

▪ Find a quiet place where no one will interrupt you.

When the hearing starts, log on or call here:

Zoom: https://zoom.us/join Then type in Meeting ID found in the table below.

Call-in number: (253)215-8782. Enter the assigned Zoom Meeting ID number followed by the # symbol.

Phone controls: *6- Toggle mute/unmute *9- Raise hand

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