The Washington Supreme Court recently answered two certified questions from the 9th Circuit Court of Appeals about employee meal breaks under Washington law. First, the Court found that an “employer is not automatically liable if a meal break is missed because the employee may waive the meal break.” Second, the Court held that: “an employee asserting a meal break violation under WAC 296-126-092 can establish his or her prima facie case by providing evidence that he or she did not receive a timely meal break. The burden then shifts to the employer to rebut this by showing that in fact no violation occurred or that a valid waiver exists.”
BRADY v. AUTOZONE STORES, INC., et al., No. 93564-5. Supreme Court of Washington, En Banc. (June 29, 2017).