Q: Can unpaid on-site lunch as security guard in WA be a labor law violation?
I am a newly hired security guard in Washington State, assigned to a government office. My company has an unpaid hour lunch policy, but I'm required to stay on-site and monitor the radio and phone during this period. The government employees at this site have different lunch policies. I haven't raised this issue with my employer yet. Could this situation be a labor law violation?
A:
Thank you for the question.
Washington State employees have the right to a meal break: https://www.lni.wa.gov/workers-rights/workplace-policies/rest-breaks-meal-periods-and-schedules
You have the right to file a complaint with the state, and you're supposed to be protected from retaliation from doing so, but in "real life" employers sometimes find ways to retaliate.
If you have the opportunity to join a union, I suggest doing so.
You can also contact this state agency (Labor & Industries) to discuss your concerns and the best approach to the problem: 360-902-5800 Let the switchboard operator know you want to discuss your right to meal breaks.
Generally, any time an employee is required to be somewhere and be "on the job" the employee, at the very least, must be paid for their time.
I hope this helps get you pointed in the right direction. I handle employment matters, but am on vacation until June 2nd.
Best,
Merry A. Kogut
Brad S Kane agrees with this answer
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