The expansive interpretation of meal and rest break regulations
continues in Washington State, as the state's highest court
ruled in Demetrio v. Sakuma Brothers Farms, Inc., Case No.
90932-6 (Wash. Sup. Ct. July 16, 2015), that agricultural
piece-rate workers are entitled to separate paid rest breaks.
The court reasoned that hourly workers remain "on the
clock" during rest breaks, and thus piece-rate workers should
receive the same treatment.
Background
In 2013, two agricultural workers sued their employer on behalf
of hundreds of migrant and seasonal workers. The workers
handpicked berries, and the employer paid them a "piece
rate" wage based on their productivity—in other words, a
flat amount per pound or per box of fruit harvested. As part
of their lawsuit, the workers claimed they did not receive paid
rest breaks.
