Lopez Demetrio v. Sakuma Bros. Farms

¶1 We have been asked to answer two certified questions arising from a class action employment lawsuit pending in federal district court. Washington labor regulations allow employees to take short rest breaks “on the employer’s time.” When applied to employees paid by the hour, that means employers must pay employees their regular hourly rate during these brief periods of inactivity. Hourly employees, in other words, remain “on the clock” during breaks under undisputed Washington law.

¶2 To answer the certified questions here, we must interpret “on the employer’s time” and apply the language…