WSHA has filed a motion to stop the Department of Labor and Industries’ (L&I’s) implementation of a policy that, among other things, imposes penalties on hospital employers for missed, late or incomplete employee breaks. For example, under the policy, if an employee misses so much as one minute of a meal break – even at the employee’s discretion – the hospital must pay 30 minutes’ worth of a penalty.
WSHA is challenging the policy on the basis it constitutes a new L&I rule that was not adopted through a lawful rulemaking process. In our motion for a stay, WSHA cited plaintiff attorneys’ frequent reliance on L&I policies as the basis for large class action lawsuits against hospital employers. The hearing on the motion has been set for Sept. 27 in Thurston County Superior Court, but the date may change. If you are interested in listening to arguments either in person or on Zoom, please reach out to WSHA Executive Assistant Sarah Hurley at sarahh@wsha.org. (Taya Briley)
