In October 2024 we wrote about the Washington State Court of Appeals’ opinion in Androckitis v. Virginia Mason Medical Center, which held that the remedy for meal period violations includes three components: (1) payment of time worked during the meal period; plus (2) 30 minutes of pay as a penalty; plus (3) double damages on unpaid amounts as a willfulness enhancement.
We noted in the update that the penalty pay rule from Androckitis breaks new ground because Washington’s meal period laws and regulations do not authorize penalties.
Following the court’s opinion, Virginia Mason requested review from the Washington State Supreme Court. However, the state’s highest court recently declined to hear the case in short form with no explanation: “Petition for review denied.”
Takeaways
Although the holding from Androckitis may be clarified and refined by the lower courts, the issue is not likely to reach the Washington State Supreme Court anytime soon. Therefore, businesses with hourly employees in Washington should consult with trusted legal counsel if they have questions about their meal period and pay policies following the decision.
