In this proposed class action lawsuit, the U.S. District Court for the Western District of Washington certified questions to the Washington Supreme Court regarding the responsibility of employers under the meal break regulation, WAC 296-126-092, and the burden placed on employees to prove employer violations.? WELA filed an amicus curiae brief in favor of the employees that makes two primary points.? First, WELA argues that employers have an affirmative duty to provide meal breaks to employees and to ensure those breaks are actually taken.? Second, WELA argues that employees establish a prima facie case for break violations when they show by a preponderance of the evidence that they failed to receive the breaks to which they were entitled.? Toby Marshall and Jeff Needle drafted WELA?s brief.? Michael Subit represents the employees, and oral argument is scheduled for March 14, 2017. Read WELA’s Amicus Brief Here.
