On July 12, WSHA took the significant step of filing a lawsuit against the state Department of Labor and Industries over a newly issued administrative policy. This policy, released on June 20, imposes stringent penalties on hospitals when staff meal and rest breaks are missed, interrupted or delayed.
The policy dictates that hospitals must provide an additional 30 minutes’ pay for any missed or late unpaid meal periods, regardless of the duration of the delay. Similarly, a penalty of 10-15 minutes’ extra pay is required for interrupted or delayed rest breaks.
We wholeheartedly agree that health care workers deserve their breaks and should be compensated for missed time. However, this new policy is an overreach of L&I’s authority, imposing significant financial burdens that will increase costs for both patients and hospitals in Washington.
It is particularly troubling that L&I introduced this penalty through an “administrative policy,” circumventing the legislative analysis required for such significant rules. Bypassing this process excludes an essential cost-benefit analysis and fails to consider the impacts on patient care across the state.
The policy also unfairly targets acute care hospitals, while other industries with similar break requirements are not subject to these penalties.
In our dynamic health care environment, patient needs sometimes necessitate staff missing or delaying breaks. When this happens, staff are compensated for their time, including overtime pay when applicable. L&I’s new policy drastically changes this practice and singles out hospitals.
WSHA is dedicated to creating supportive work environments and ensuring health care workers have the resources to care for patients. However, L&I’s approach threatens the stability of our healthcare delivery system and access to care. We look forward to presenting our concerns in court and advocating for fair and reasonable policies.
Cassie Sauer
President and CEO
Washington State Hospital Association
