For most workers in Washington state, overtime can be required. However, this does not apply to some healthcare workers (such as nurses), those covered by bargaining agreements, certain minors, and some employees covered by other federal overtime restrictions.
Washington Labor Laws
Washington Minimum Wage
As of January 1, 2021, the minimum wage in Washington state is $13.69 per hour. Annual minimum wage increases are now indexed, starting from January 1, 2021.
Washington Labor Law Posters
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History of Washington Labor Laws
Washington state established its first minimum wage requirements in 1961.
In 1919, a strike involving 35,000 dock workers, although unsuccessful, led to a stronger union presence. The labor struggles of the 1930s further bolstered union strength in Washington, setting a precedent for worker protection that continues today.
In 2016, a public referendum was passed to raise the minimum wage through 2020 and implement annual indexing starting in 2021. This vote also introduced a mandatory paid sick leave accrual law, which took effect in 2018, further enhancing worker protections.
Municipality Minimum Wage Laws
Several cities in Washington state, including Seattle, Seatac, and Tacoma, have enacted local minimum wage ordinances.
Seattle
Seattle implemented a local minimum wage rule in 2014. As of January 1, 2021:
- For large employers (more than 500 employees), the minimum wage is $16.69 per hour, with no subminimum wage for tipped workers. This rate is indexed to the Consumer Price Index for annual adjustments.
- For smaller employers (500 or fewer employees), the minimum wage is $16.69 per hour if they do not pay at least $1.69 per hour toward medical benefits or tips, and $15 per hour if they do.
Smaller employers can take tip credits through 2024, but this rate is being reduced each year until it is phased out in 2025. In 2020, smaller employers paid a $15 per hour subminimum wage to tipped employees.
Seatac
As of January 1, 2021, Seatac’s minimum wage is $16.57 per hour, with no subminimum wage for tipped workers. This rate is indexed annually based on August-to-August numbers, with changes effective each January. The local minimum wage in Seatac applies only to hospitality and transportation workers.
Tacoma
Tacoma’s minimum wage follows the statewide minimum wage of $13.69 as of 2021, up from $13.50 in 2020. Tacoma sets the local tipped wage rates the same as the regular minimum wage, so some employers may be subject to both Washington state standard minimum wage rules and Tacoma’s tipped wage rates.
Washington Minimum Wage Exemptions
Washington’s minimum wage law includes several exemptions and substandard wage clauses. Each municipality may have different exclusions, so the nonexempt employees for state and city may vary. The law that is more favorable to employees should be followed.
Here are the most common exemptions:
- Apprentices: Wages are individually set by the director if a special certificate is applied for and received. This applies to apprentices with qualifying agreements approved by the apprenticeship council.
- Learners: They can be paid no less than 85% of the current minimum wage for a designated learning period. Employers must apply for each facility and show that experienced workers are not available. Learning periods may vary by industry.
- Individuals with mental, physical, or age challenges: Wages are individually set by the director if a special certificate is obtained. This subminimum wage rate is being phased out as of July 1, 2020, with existing variances expiring on June 30, 2020.
- Minors: They can be paid 85% of the current state minimum wage rate. However, local municipalities may have higher minimum wage rates.
- Per-piece harvest laborers: They are exempt from the state minimum wage law but must be in a qualifying region and meet other qualifications.
Washington Posting Requirements
Required Posters:
- Domestic Violence Resources
- Safety and Health Protection on the Job
- Your Rights as a Worker
- Unemployment Insurance
- Workers' Compensation
Additional Posters:
- Workers' Compensation for Self-Insured
Tipped Wage in Washington
In Washington, tip credits are not allowed, meaning tipped employees must receive the same state minimum wage as other workers. However, municipal ordinances may set a higher subminimum wage than the state minimum.
Additionally, employers in Washington cannot take any tips from employees. Even with a no-tipping policy, any amount intended for the employee by the customer cannot be taken by the employer. The only exception is tips in a tip pool, which must be fully distributed back to the employees.
Service fees and charges automatically added to bills generally must be given to employees. If these charges are labeled in a way that suggests they are intended for service employees, such as “service charge,” “gratuity,” “delivery charge,” “porterage,” or “large party,” the employer cannot keep them.
Overtime Wage in Washington
Washington state law mandates that nonexempt workers receive at least time and a half of their regular pay rate for any hours worked over 40 in a workweek.
In addition to any applicable FLSA exemptions, those exempt from minimum wage rules in Washington are also exempt from overtime rules.
Washington permits the use of compensatory time (comp time), but its use does not affect the determination of overtime pay exemption status.
Certain air carriers, sea vessels, and roadway vehicle drivers are exempt from state overtime rules, often due to stricter federal regulations. Similarly, employees in industries where federal law sets overtime standards based on criteria other than a 40-hour workweek are also exempt from Washington state overtime rules.
Individual farm workers, seasonal entertainment workers, real estate brokers, and movie projectionists may also be exempt if they meet specific qualifications.
Child Labor Laws in Washington
In Washington state, those aged 14 or 15 can be paid 85% of the state minimum wage rate. However, this rule may not apply in municipalities with higher minimum wages or rules that disallow substandard wages for minors.
Washington, like most states, restricts minors from working in certain industries and jobs deemed hazardous based on their age. It also regulates the hours and times minors can work. Specific details about allowable working hours can be found in the frequently asked questions section.
Some hazardous duties for minors, common in businesses like grocery stores and restaurants, are restricted. Employers must verify the specific restrictions for their situation rather than relying on general guidelines, as these restrictions vary by age and industry.
The requirement for work permits also varies by the minor’s age and the job duties or industry involved. Employers should verify the applicable requirements for their specific situation, and school and/or parental permissions must be obtained.
Regardless of work permit requirements, employers must verify the minor’s age and keep proper documentation on file.
Generally, those under age 14 cannot work except in specific situations and jobs. Agricultural rules allow for younger workers compared to non-agricultural jobs, and there is a family farm exemption in some cases.
Work categories and allowable hours are further designated for 14- to 15-year-olds and 16- to 17-year-olds.
Washington also requires work breaks and meal breaks for minors, with the exact schedule based on age and time worked.
Employer Recordkeeping Requirements in Washington
In Washington, employers are required to maintain essential payroll records and make them available for inspection at any time, along with providing a sworn statement when requested.
These records should include:
- Name
- Address
- Occupation
- Rate of pay
- Pay for each pay period
- Hours worked daily and weekly
Washington Labor Law Questions & Answers
Washington sets work hour limits for minors based on their age and status. Minors who are at least 16 years old and emancipated by court order do not have work hour restrictions.
Minors aged 16 to 17 may work non-school session hours at any time if they meet one of the following conditions:
- Taking college classes (enrolled, not just attending)
- Graduated from high school or received a GED
- Married
- A parent
Minors under 14 with court permission to work must follow the same hour restrictions as 14- to 15-year-olds. Homeschooled minors or those not enrolled in school must also follow these restrictions. Any minor working in a restaurant or retail business must have adult supervision after 8 p.m.
Non-agricultural work hours for 14- to 15-year-olds:
- During school sessions: Up to 3 hours on a school day, 8 hours on weekends, and 16 hours per week. Work hours are between 7 a.m. and 7 p.m.
- During school breaks: Up to 8 hours per day, 40 hours per week, and work hours are between 7 a.m. and 7 p.m.
- During summer vacation (June 1 through Labor Day): Up to 8 hours per day, 40 hours per week, and work hours are between 7 a.m. and 9 p.m.
Non-agricultural work hours for 16- to 17-year-olds:
- During school sessions: Up to 4 hours Monday-Thursday, 8 hours Friday-Sunday, and 20 hours per week. Work hours are between 7 a.m. and 10 p.m. (midnight on Fridays, Saturdays, or nights before holidays).
- During school breaks: Up to 8 hours per day, 48 hours per week, and work hours are between 5 a.m. and midnight.
- During school sessions with a variance: Up to 6 hours Monday-Thursday, 8 hours Friday-Sunday, and 28 hours per week. Work hours are between 7 a.m. and 10 p.m. (midnight on Fridays and Saturdays).
Agricultural jobs have specific work hour limits to accommodate the nature of the work.
Washington state mandates paid work breaks for various categories of workers, including regular workers, minors under 18, agricultural workers, and healthcare workers. Here are the specific requirements:
Regular Workers:
- Must receive a minimum of 10 minutes paid break for every four hours worked.
- Employees cannot work more than three hours without a break; breaks should be scheduled as close to the midpoint of the work period as possible.
- Breaks count towards hours worked for paid sick leave and overtime.
- Smaller, more frequent breaks are allowed as long as they total at least 10 minutes every four hours.
Healthcare Workers:
- Break requirements vary by job duties and type of facility.
- Allowances are made for emergencies and other unique situations in healthcare.
Agricultural Workers:
- Must receive a minimum of 10 minutes paid break for every four hours worked.
- Meal periods of at least 30 minutes must be provided if more than five hours are worked in a day. If the meal break is interrupted, it must be paid, and the employee must still receive at least 30 minutes of break time, excluding interruptions.
- Restroom access cannot be restricted to break times.
Minors:
- Under 16: Must receive a paid break of at least 10 minutes for every two hours worked and a rest period after every two hours worked. Breaks cannot be combined for longer uninterrupted work periods. They cannot work more than four hours without a separate meal break.
- 16 and Over: Must receive at least a 30-minute meal break when working more than five hours in a day. A minimum of one 10-minute paid rest break must be provided for every four hours worked, and the rest period must be taken no later than the end of the third hour of work.
Yes, tip pooling is legal in Washington. However, tip pools cannot include employees who are exempt from the state’s minimum wage act. Those exempt from state overtime laws are also not allowed to participate in tip pools.Yes, employers can require overtime for employees who are at least 16 years old. Employers must pay time-and-a-half the regular rate of pay for hours worked over 40 in a workweek.
Washington Labor Law Posters
Simplify labor law compliance and make workplace policies visible with J. J. Keller state and federal labor law posters.