Wingert v. Yellow Freight Systems, Inc.

Employees of Yellow Freight Systems, Inc., brought suit alleging failure of Yellow Freight to provide paid 10-minute rest periods during “overtime” hours in violation of Washington Administrative Code (WAC) 296--126-092, and seeking lost wages pursuant to RCW 49.52.070. The trial court granted summary judgment in favor of the employer. Because the plain language of WAC 296-126-092 clearly provides for a paid 10-minute rest period at least every three hours, we hold that Yellow Freight’s failure to provide these breaks gives rise to a wage claim under RCW 49.52.070. We reverse.

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Yellow Freight…