A King County Superior Court judge gave final approval to a class action settlement totaling approximately $10.94 million. The settlement resolved claims that Kaiser Permanente failed to properly compensate employees, who worked in the State of Washington, for meal breaks.

The litigation involved nearly 11,600 non-exempt Kaiser employees and included allegations of violations of the Washington Industrial Welfare Act and other state wage laws concerning unpaid meal breaks. The lawsuit was initiated in March 2024 by Kerri Miller, a nursing assistant at Kaiser's Central Hospital in Seattle, and it covers hourly licensed healthcare professionals and clinical service workers employed by Kaiser between March 2021 and December 2024.

Under the settlement terms, Kaiser Foundation Health Plan of Washington and Kaiser Foundation Health Plan of the Northwest will pay about $6.75 million to the affected employees. Class counsel is set to receive $3.6 million in legal fees from the settlement fund, with additional amounts allocated for court costs, administration expenses, and service awards for class representatives. Payments to class members are expected to average around $1,120, with the possibility of additional compensation for those who opt into a Fair Labor Standards Act subclass.

A Kaiser spokesperson stated that the settlement reflects the company's commitment to compliance with labor laws and fair treatment of its workforce, emphasizing ongoing efforts to ensure employees receive proper rest and meal breaks consistent with their policies.

Source: https://usaherald.com/kaiser-reaches-11-million-class-meal-break-settlement-in-washington/

Commentary
 

In the above matter, the issue involved State of Washington wage and hour laws. States in the U.S. have significantly varied wage and hour laws, especially concerning employee breaks, which creates a complex regulatory landscape for employers, including healthcare organizations.

While federal law does not require employers to provide meal or rest breaks, it mandates that short breaks - typically those less than 20 minutes - be paid as work time. Meal breaks lasting 30 minutes or more can be unpaid if the employee is completely relieved of duties during the break. However, many states impose their own requirements which often exceed federal standards.

For instance, California requires a 30-minute meal break after five hours of work plus paid 10-minute rest breaks every four hours, and missing these breaks can trigger penalty payments. Oregon and Washington also have strict rules, particularly for healthcare workers, requiring meal breaks and rest periods with specific logging and reporting obligations to enforce compliance. Conversely, states such as Texas, Florida, and Georgia do not mandate breaks at all, relying primarily on federal minimum requirements. Some states, like Illinois, have recently enhanced their laws to require additional breaks for very long shifts.

Special considerations often apply to healthcare employees because of their unique work settings. Certain states allow "on-duty" meal breaks or waive break requirements if breaks would compromise patient safety or relief coverage is unavailable. Washington, for example, has introduced regulations requiring hospitals to document missed breaks specifically for nurses and frontline healthcare workers, elevating employer accountability. This contrasts with states imposing more straightforward break laws without special provisions for healthcare or emergency personnel.

Minors, unionized workers, and those under collective bargaining agreements are subject to yet different or additional rules. Minors often have stricter break rights to protect their welfare. Union contracts can override state regulations if they better specify break schedules or conditions. Understanding these nuances is critical for employers.

Healthcare organizations can minimize claims related to wage and hour violations by adopting several practices tailored to the patchwork of state laws. They should maintain detailed time records documenting breaks, especially in states requiring tracking of missed breaks.

Training supervisors and staff on correct break policies and ensuring adequate staffing levels to allow breaks without compromising patient care help prevent inadvertent violations. Implementing flexible scheduling or audit tools to monitor compliance, particularly where laws differ by location or employee category, is essential. Furthermore, transparent communication with employees about break rights and procedures can reduce misunderstandings that lead to disputes.

In summary, because state wage and hour laws vary widely, healthcare employers must carefully assess the specific rules in each state where they operate and adjust their break policies accordingly. Proactive compliance, centered on attention to local requirements and the practical realities of healthcare settings, is key to preventing claims and fostering fair treatment of employees.

Additional sources: https://www.dol.gov/general/topic/workhours/breaks