Washington Supreme Court Denies Appeal of Meal Period Penalty Case
In October 2024 we wrote about the Washington State Court of Appeals’ opinion in Androckitis v. Virginia Mason Medical Center, which held that the remedy for meal period violations includes three components: (1) payment of time worked during the meal period; plus (2) 30 minutes of pay as a penalty; plus (3) double damages on unpaid amounts as a willfulness enhancement.
We noted in the update that the penalty pay rule from Androckitis breaks new ground because Washington’s meal period laws and regulations do not authorize penalties.
Following the court’s opinion, Virginia Mason requested review from the Washington State Supreme Court. However, the state’s highest court recently declined to hear the case in short form with no explanation: “Petition for review denied.”
Takeaways
Although the holding from Androckitis may be clarified and refined by the lower courts, the issue is not likely to reach the Washington State Supreme Court anytime soon. Therefore, businesses with hourly employees in Washington should consult with trusted legal counsel if they have questions about their meal period and pay policies following the decision.
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Before proceeding, please note: If you are not a current client of Perkins Coie, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Perkins Coie has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing or retaining a lawyer. An attorney-client relationship with Perkins Coie or any lawyer at Perkins Coie is not established until and unless Perkins Coie agrees to such a relationship as memorialized in a separate writing.
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The regulatory landscape, appetite for administrative agency enforcement, and judicial interpretations related to wage-and-hour issues are rapidly evolving. Our blog is a one-stop resource for federal- and state-level updates and analysis on wage-and-hour-related developments affecting employers.