Washington Labor Law Guide

Washington is located in the Pacific Northwest region of the United States. In 2023, the state boasted a population of approximately 7.8 million people and a GDP of around $770 billion, making it one of the top ten economies in the U.S. Washington’s economy is diverse, with key sectors including aerospace, technology, agriculture, and trade. As the home of major corporations like Microsoft, Amazon, and Boeing, the state plays a significant role in global markets. Washington has a business-friendly environment with competitive regulatory policies, although it balances this with strong labor protections.

Washington

Minimum Wage

$16.28 per hour

Overtime Wage

1.5x regular rate for hours > 40 per week

Meal Breaks

30 minutes after 5 hours of work

Rest Breaks

10 minutes for every 4 hours worked

Minimum Wage Mandates

Washington has a minimum wage law. As of 2024, the statewide minimum wage is $16.28 per hour. Several cities and counties have set higher minimum wages, such as Seattle, where the minimum wage is $18.69 per hour, and SeaTac, where it is $19.06 per hour for hospitality and transportation employees. Employers must comply with the higher local wage laws where applicable.

Overtime Rules

In Washington, non-exempt employees must be paid overtime for any hours worked over 40 in a workweek. The overtime pay rate is 1.5 times the regular hourly rate. The state does not have a daily overtime requirement based on hours worked in a single day. Alternate workweek agreements are allowed under certain conditions, such as written employee consent. Certain employees, like agricultural workers, professional employees, and executive employees, may be exempt from overtime rules.

Meal and Rest Breaks

Meal Break: Washington law mandates a 30-minute meal break for employees who work more than five consecutive hours. This break is unpaid unless the employee is required to remain on duty.

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Rest Breaks: Employees are entitled to a 10-minute paid rest break for every four hours worked. This break must be given as close to the midpoint of the work period as possible.

Rules for Young Employees: Employers must follow specific regulations when employing minors. For workers under 18, meal breaks of at least 30 minutes must be provided after four hours of work. Rest breaks for minors should be at least 10 minutes for every two hours worked. Employers also need to comply with federal laws, including those enforced by the Fair Labor Standards Act (FLSA), which sets further restrictions for young employees.

Paid Leaves and Time Off

Washington has robust regulations for paid leave and time off benefits.

Paid Sick Leave Laws: The state mandates that employees earn at least one hour of paid sick leave for every 40 hours worked. This leave can be used for personal illness or to care for a family member.

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Accrual and Usage of Sick Leave: Sick leave accrual begins on the first day of employment. Employees can begin using accrued sick leave after 90 days of employment.

Paid Time Off (PTO) Laws: While Washington does not mandate paid vacation, employers who offer PTO must follow guidelines regarding accrual and use. Unused PTO can often be carried over to the following year, but the employer may impose reasonable restrictions.

Notice Requirements: Employees must provide reasonable notice when planning to use sick leave or PTO, unless it’s an emergency.

Other Leave Laws:

  • Jury Duty Leave: Employers are required to provide time off for jury duty, though it can be unpaid.

  • Parental Leave: Washington’s Paid Family and Medical Leave (PFML) offers up to 12 weeks of paid leave for birth, adoption, or serious health conditions.

  • Bereavement Leave: There is no state mandate for bereavement leave, but many employers provide it voluntarily.

  • Voting Time Off: Employees must be allowed time off to vote if they do not have sufficient time before or after their scheduled work hours.

FMLA Eligibility: Washington employees are eligible for federal Family and Medical Leave Act (FMLA) benefits if they have worked at least 1,250 hours over the past year for a covered employer.

Exempt vs. Non-Exempt Classification

Washington follows the Fair Labor Standards Act (FLSA) guidelines for classifying employees.

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Exempt Employees:

  • Salary Basis: Exempt employees must be paid a set salary, regardless of hours worked.

  • Salary Level: As of 2024, the minimum salary for exempt employees in Washington is $1,259.20 per week for large employers (51+ employees) and $1,101.80 per week for small employers.

  • Duties Test: Employees must primarily perform executive, administrative, or professional duties to be classified as exempt. These rules align closely with federal FLSA regulations.

Non-Exempt Employees:

  • Hourly Pay Rules: Non-exempt employees are entitled to hourly wages for all hours worked.

  • Overtime Wage Rules: They are also eligible for overtime pay at 1.5 times the regular rate after 40 hours of work per week.

Equal Pay Act

The federal Equal Pay Act prohibits wage discrimination based on gender. Washington has its own Equal Pay and Opportunities Act (EPOA), which provides additional protections, including banning employers from asking about salary history and requiring pay transparency for job postings.

Employers must also comply with Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin.

Rules for Hiring and Firing Employees in the State

Washington has specific laws regarding hiring and firing, along with compliance with federal laws.

At-Will Employment: Washington follows at-will employment rules, meaning either the employer or the employee can terminate employment at any time for any lawful reason.

Anti-Discrimination Laws: Washington’s Law Against Discrimination (WLAD) protects employees from discrimination based on race, sex, gender identity, sexual orientation, and other protected characteristics.

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Equal Employment Opportunity (EEO) Act: Washington complies with both state and federal EEO laws, which ensure fair treatment during hiring and employment.

Background Verification Rules: Employers must follow Washington’s Fair Chance Act, which restricts the use of criminal background checks in hiring decisions.

Work Eligibility Verification Rules: Employers must verify work eligibility using federal I-9 forms, ensuring compliance with immigration laws.

Final Paychecks: Washington law requires final paychecks to be issued by the next scheduled payday after termination.

Unemployment Compensation Rules: Terminated employees may be eligible for unemployment compensation if they meet state-specific eligibility criteria.

Compliance with WARN Act: Employers must provide 60 days’ notice for mass layoffs or plant closures, as required under the federal Worker Adjustment and Retraining Notification (WARN) Act.

 

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