(650) 332-8623Washington State Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2026
Washington labor laws for 2026: minimum wage, overtime, PFML, breaks, and more. A complete compliance reference for employers and contractors.
What’s new in 2026?
Washington State meals and breaks
30 minutes For beal breaks
Required meal break for any shift exceeding 5 hours (unpaid)
- Meal break must begin no earlier than the end of the second hour and no later than the end of the fifth hour of work.
- Employees working additional hours beyond a regular shift may be entitled to a second meal period.
- If an employee is required to work or remain on call during a meal break, that break must be paid.
- For construction crews rotating between jobsites, the meal period clock runs from clock-in at the first site, not from arrival at a second site.
10 minutesFor rest breaks
Paid rest break for every 4 hours worked
- Rest breaks must be scheduled as close to the midpoint of the work period as possible.
- Employees cannot be required to work more than 3 consecutive hours without a rest break.
- Rest breaks are counted as paid work time and cannot be deducted from wages.
Washington break laws rank among the most specific in the nation for construction employers, a status reflected in how strictly WA state labor laws breaks are written into RCW 49.12 and WAC 296-126-092. A foreman who skips rest breaks on a tight schedule exposes the employer to wage violation claims; WISHA inspectors actively cite Washington break laws violations on construction sites.
Washington State leave and paid time off (PTO)
- Employees earn 1 hour of paid sick leave for every 40 hours worked. No accrual cap.
- Unused balances carry over year to year; employers may limit carryover to 40 hours annually.
- Effective January 1, 2025: the definition of “family member” expanded to include anyone residing in the employee’s home (not just blood or legal relatives).
- Effective January 1, 2025: paid sick leave may now be used for non-health emergencies when a child’s school or place of care closes.
The Washington Paid Family Medical Leave 2026 changes under HB 1213 are the single most important legal development here. Signed by Gov. Bob Ferguson and effective January 1, 2026, HB 1213 changed the program in ways that directly affect construction employers with 25 or more workers.
What changed and what it means for a 25–50 person specialty sub:
| PFML Provision | 2025 Rule | 2026 Rule (HB 1213) |
| Job protection — employer coverage | 50+ employees | 25+ employees (drops to 15+ in 2027, 8+ in 2028) |
| Employee eligibility for job protection | 1 year + 1,250 hours | 180 calendar days (no hours requirement) |
| Minimum claim increment | 8 consecutive hours/week | 4 consecutive hours/week |
| Health insurance continuation | Only when PFML + FMLA run concurrently | Required during any job-protected PFML leave |
| Premium rate | Previous rate | 1.13% of gross wages (eff. Jan 1, 2026) |
| Employer share of premium | N/A (< 50 employees = optional) | 28.57% of total premium (employers with 50+ pay this; under-50 do not pay employer share) |
For a 30-person electrical sub in Bellevue: under the 2025 rules, that contractor owed zero job protection to employees on PFML leave. Starting January 1, 2026, they must provide job protection for any employee who has been on payroll for at least 180 days. They must also continue health insurance through any job-protected leave period. Payroll systems must handle 4-hour minimum claim increments instead of 8-hour blocks.
The FMLA stacking mechanism is optional: employers who want to count unpaid FMLA leave toward the PFML job-protection entitlement (up to 16 weeks/year total) must provide written notice within 5 business days of an FMLA leave request and monthly notices thereafter. Employers who do not invoke this mechanism are not required to do so.
Additionally, employers implementing a mass layoff may not include employees currently on PFML job-protected leave in that layoff. Those employees must remain employed with continued health insurance until their leave ends (with limited exceptions for unforeseen business circumstances or natural disasters). This intersects directly with Washington’s new mini-WARN Act — covered in the Other Essential Laws section below.
On March 11, 2026, Gov. Ferguson signed additional legislation addressing IRS guidance on state PFML premiums. Employers should check ESD’s current guidance at paidleave.wa.gov/updates before processing 2026 PFML premiums, as this may affect how contributions are treated for tax purposes.
Federal PFML coverage requires 820 hours worked in the qualifying year and provides up to 12 weeks of paid leave (extended to 16 weeks for combined medical/family leave, or 18 weeks for pregnancy-related complications). Benefits are calculated as a percentage of the employee’s average weekly wage, capped at $1,542/week for 2026.
Washington does not mandate general bereavement leave. The PFML program does include bereavement for stillbirth or the death of a child within the first year of birth.
Covered under the state PFML program. Employees may use up to 12 weeks to bond with a newborn or newly adopted child, extendable to 18 weeks for pregnancy-related complications.
Pregnancy-related disabilities are covered under Washington’s disability discrimination laws. Women who are physically unable to work are entitled to unpaid leave for that period and may also qualify for PFML benefits.
Employers are not required to provide paid holiday leave. It is at the employer’s discretion.
Vacation policies are not mandated by Washington law. If offered, accrual and usage follow the employer’s written policy.
Washington law does not specifically mandate school leave for parents attending school activities. Some employers include it in their policies.
Washington expanded paid sick leave, effective January 1, 2025, to allow use for non-health-related emergencies when a child’s school or place of care closes. There is no separate standalone emergency leave statute.
Under the Washington Military Family Leave Act, employees whose spouse is called to active duty during military conflict are entitled to up to 15 days of job-protected leave.
- Eligibility: must work an average of 20+ hours per week.
- Notice: within 5 business days of receiving the deployment notice.
- Can combine accrued paid leave and unpaid leave.
Employers must provide unpaid leave for jury duty. Employees cannot be penalized or terminated for attending jury service.
Employees who are victims of domestic violence, sexual assault, or stalking — or whose family members are victims — are entitled to reasonable leave under Washington state law. Whether leave is paid or unpaid depends on the employee’s accrued leave balances.
Learn about other state-specific labor laws:
- Louisiana Labor Laws: Wages, Breaks and Overtime (2026)
- Maine Labor Laws: Wages, Breaks and Overtime (2026)
- Colorado Labor Laws: Wages, Breaks and Overtime (2026)
- South Dakota Labor Laws: Wages, Breaks and Overtime (2026)
- Tennessee Labor Laws: Wages, Breaks and Overtime (2026)
- Georgia Labor Laws: Wages, Breaks and Overtime (2026)
- Kansas Labor Laws: Wages, Breaks and Overtime (2026)
- Maryland Labor Laws: Wages, Breaks and Overtime (2026)
- Texas Labor Laws: Wages, Breaks and Overtime (2026)
- Utah Labor Laws: Wages, Breaks and Overtime (2026)
- Mississippi Labor Laws: Wages, Breaks and Overtime (2026)
- Pennsylvania Labor Laws: Wages, Breaks and Overtime (2026)
Washington State wages and overtime
$17.13/hourWashington statewide minimum wage, effective January 1, 2026 — highest in the U.S. (RCW 49.46.020)
The 2026 rate of $17.13 is a 2.8% increase over the 2025 rate of $16.66; the Washington minimum wage 2026 figure was announced by L&I on September 30, 2025. The rate applies to employees aged 16 and over working in Washington. Cascading effects:
- Tipped minimum wage: $17.13/hour (Washington does not allow a tip credit — tips are in addition to the full minimum wage)
- Youth sub-minimum (ages 14–15): $14.56/hour (85% of $17.13)
- Overtime-exempt salary threshold: $80,168.40/year ($1,541.70/week)
- Computer professional hourly exemption: $59.96/hour
1.5x hourlyOvertime rate
Washington requires 1.5x for all hours worked beyond 40 in a seven-day workweek (RCW 49.46.130). The minimum overtime rate in 2026 is $25.70/hour (1.5 × $17.13). Washington does not require daily overtime — the trigger is weekly.
- Overtime cannot be waived by the employee.
- Employers must pay overtime regardless of business size.
- Agricultural workers in Washington have full overtime protections after 40 hours.
One significant 2026 update: the federal “One Big Beautiful Bill Act” (Public Law 119-21, signed July 4, 2025) created a federal income tax deduction under IRC Section 225 for the premium portion of overtime pay for tax years 2025–2028.
This does not change Washington’s overtime requirements — crews must still be paid 1.5x for overtime hours. But construction workers logging 50–60-hour weeks on public works projects may benefit from the federal tax deduction on their overtime premium. Advise your crew to check with a tax professional.
$17.13/hourTipped minimum wage
Washington does not allow a tip credit. Tipped employees must receive the full $17.13/hour minimum wage. Employers may implement tip pooling, but pools cannot include managers, supervisors, or owners. All participating employees must receive at least the full minimum wage after pooling.
MonthlyPay frequency
Washington law requires employees to be paid at least once per month. Most construction employers pay biweekly or semimonthly. Final wages must be paid on the next scheduled payday following termination.
Contractors running crews in any of these cities are subject to the higher local rate, not just the state minimum. Verify local rates against the city’s official ordinance before each payroll cycle.
- Seattle: $21.30/hour – all employers, all sectors (up from $19.97 in 2025)
- Tukwila: $21.65/hour – all employers (up from $20.29 in 2025)
- Renton (501+ employees): $21.57/hour
- Renton (15-500 employees): $20.57/hour January 1 – June 30, 2026; $21.57/hour from July 1, 2026
- Burien (500+ employees): $21.63/hour. Subject to active court litigation. Verify enforcement status before applying.
- Burien (21-499 employees): $20.63/hour. Subject to active court litigation. Verify enforcement status before applying.
- Everett (500+ employees): $20.77/hour (up from $20.24 in 2025)
- Everett (15-499 employees): $18.77/hour January 1–June 30, 2026; $19.77/hour from July 1, 2026.
- SeaTac: $20.74/hour – hospitality and transportation workers only (up from $19.71 in 2025).
- Bellingham: $19.13/hour (up from $17.28 in 2025).
- Unincorporated King County: Three-tier structure effective January 1, 2026:
- 500+ employees – $20.82/hour
- 16-499 employees – $19.82/hour
- 15 or fewer employees with less than $2M annual revenue – $18.32/hour
Everett contractors: The mid-size employer rate increases again on July 1, 2026, from $18.77 to $19.77. Plan your payroll system update before that date.
- Minors (14-15 years old):$14.56/hour (85% of $17.13). Updated from the prior figure implied by the old $16.66 rate.
- Student workers and student learners: 75% of the minimum wage if employed as part of a qualifying educational program.
- Workers with disabilities: employers may apply for an L&I sub-minimum wage certificate.
- Exempt professionals (executive, administrative, professional, outside sales): must meet salary threshold and job-duty tests under WAC 296-128. See overtime-exempt salary threshold above.
Track overtime to the minute and save thousands with Workyard
See how it works
Washington State prevailing wages
$17.13Well Drillers & Irrigation Pump Installers (Oiler)
The lowest prevailing wage rate in Washington applies to Well Drillers & Irrigation Pump Installers (Oiler) at $17.13/hour — the state minimum wage floor. This rate applies uniformly across all 39 counties. Oilers assist in the drilling and installation of wells and irrigation pumps; the rate reflects the entry-level nature of the classification relative to more specialized trades.
$329.90/hourLaborers (Sand Hogs Under Compressed Air Conditions)
The highest prevailing wage rate in Washington applies to Laborers (Sand Hogs Under Compressed Air Conditions) at $329.90/hour. Sand hogs work in tunnels or confined spaces under pressurized air conditions, among the most hazardous classifications in construction. The rate reflects both the technical demands and the significant health and safety risks of working under compressed air. This rate applies in 16 counties including Spokane, Whitman, and Walla Walla.
Washington prevailing wage construction requirements apply to all public works projects — construction, alterations, repairs, and maintenance contracted by state and local governments. Rates are set by L&I and updated periodically based on local economic factors and collective bargaining agreements. Contractors must pay workers the prevailing wage for the specific trade, county, and project type.
Prevailing Wage Resources
- Washington State L&I Prevailing Wages: lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage
- Journey-level rates lookup: secure.lni.wa.gov/wagelookup/rates/journey-level-rates
- U.S. Department of Labor: Wage and Hour Division (federal Davis-Bacon rates for federally funded projects): https://www.dol.gov/agencies/whd/government-contracts/construction
Washington State child labor laws
Washington restricts work hours and job types for minors by age group. No changes to hour restrictions were enacted in the 2025–2026 legislative session. The sub-minimum wage for ages 14–15 is $14.56 — updated from the prior rate (see Minimum Wage Exemptions above). Washington state minor labor laws are enforced by L&I under the same framework as wage and safety rules.
Under 14 years
Laws in Washington for children under 14
Children under 14 generally need superior court approval to work in Washington. If approved, they follow the same hour restrictions as the 14–15 age group.
14-15 years
Laws in Washington for minors aged 14-15
Children under 14 generally need superior court approval to work in Washington. If approved, they follow the same hour restrictions as the 14-15 age group.
- School days (during school weeks): Up to 3 hours/day, 16 hours/week, 6 days/week. Hours: 7 a.m.–7 p.m.
- Weekends (during school weeks): Up to 8 hours/day (included in the 16-hour weekly cap), 6 days/week. Hours: 7 a.m.–7 p.m.
- Non-school weeks: Up to 8 hours/day, 40 hours/week, 6 days/week. Hours: 7 a.m.–9 p.m. (extended to 9 p.m. June 1 through Labor Day).
16-17 years
Laws in Washington for minors aged 16-17
- School weeks (standard): Up to 4 hours/day on school days, 8 hours on weekends; 20 hours/week, 6 days/week. Hours: 7 a.m.–10 p.m. (to midnight on Fridays, Saturdays, and days before school holidays).
- School weeks (special variance): Up to 6 hours/day on school days, 8 hours on weekends; 28 hours/week, 6 days/week. Hours: 7 a.m.–midnight on Fridays and Saturdays.
- Non-school weeks: Up to 8 hours/day, 48 hours/week, 6 days/week. Hours: 5 a.m.–midnight.
Washington state minor labor laws define hazardous occupations minors cannot perform. Construction sites involve many of these. Roofing, excavation, power-tool operation, and scaffolding above a certain height are generally prohibited for under-18 workers. Confirm the specific list through L&I’s youth employment page before placing any minor in a construction role.
For the full framework, L&I publishes a complete guide to child labor laws in Washington state at lni.wa.gov/workers-rights/youth-employment/hours-of-work.
Health and safety standards (WISHA/DOSH)
Washington’s WISHA workplace safety washington statute is administered by L&I through its Division of Occupational Safety and Health (DOSH). WISHA penalties for serious violations run up to $7,000; repeat or willful violations up to $70,000. For construction contractors, the highest-risk citations typically involve fall protection, excavation, and heat exposure.
- Employers must maintain a safe work environment and eliminate identified hazards.
- Safety training for all employees on potential site risks, including hazardous materials and equipment.
- Personal protective equipment (PPE) must be provided at no cost to employees.
- Work-related injuries, illnesses, and incidents must be recorded and reported as required.
- Report violations to: L&I Worker Rights Complaints or the Washington State OSHA Division.
Hiring and firing employees
Washington is an at-will state. Employers may terminate for any lawful reason; employees may resign without notice. Exceptions apply when a contract exists or when termination violates anti-discrimination laws or public policy.
Washington is not a right-to-work state. The answer to the frequently searched question “is Washington a right to work state” is no. Union membership and dues can be required as a condition of employment in unionized workplaces, which is relevant for construction contractors working under a union CBA in Washington.
Background Checks: Permitted but must comply with the FCRA and Washington’s ban-the-box law, which prohibits asking about criminal records on initial job applications (except for specific positions).
Drug Testing: Permitted. Employers may conduct drug testing under specific procedures. Cannabis use during non-work hours cannot be a basis for refusing to hire an applicant (Washington enacted these protections in 2024; no 2025 amendments confirmed).
Anti-discrimination laws
Washington law prohibits employment discrimination based on race, color, national origin, religion or creed, sex, sexual orientation, gender identity, pregnancy, age (40+), disability, or military status. No new protected classes were added in the 2025-2026 legislative session.
Non-Compete Agreements
Under RCW 49.62, the Washington noncompete agreement threshold is adjusted annually by L&I. Noncompetes are enforceable only above the 2026 figures below:
- 2026 employee threshold: $126,858.83/year (up from $123,394.17 in 2025)
- 2026 independent contractor threshold: $317,147.09/year (up from $308,485.43 in 2025)
- Maximum duration: 18 months post-termination (longer terms require additional compensation).
- Disclosure must occur at time of job offer or at time of the employment event that triggers it.
- If an employee is laid off, a noncompete is unenforceable unless the employer pays the employee’s base salary throughout the restriction period minus any subsequent earnings.
The 2025 case David v. Freedom Vans LLC confirmed Washington courts scrutinize noncompetes for both substantive reasonableness and salary compliance. For construction contractors protecting proprietary bid data or client relationships, ensure any noncompete is reviewed against the current 2026 thresholds.
Protections for pregnant workers
The Washington Healthy Starts Act entitles pregnant workers to reasonable accommodations: extra restroom breaks, flexible scheduling for medical appointments, restrictions on heavy lifting. Employers cannot require medical certification for basic accommodations such as additional bathroom breaks or the ability to sit.
Washington Mini-WARN Act
The Securing Timely Notification and Benefits for Laid-Off Employees Act (Chapter 49.45 RCW, enacted as SB 5525, Chapter 277 Laws of 2025) took effect July 27, 2025. This is Washington’s state-level counterpart to the federal WARN Act, but with different coverage thresholds and notice requirements. Do not treat them as identical.
What it requires: covered employers (50 or more full-time employees) must provide 60 days’ advance written notice before a mass layoff or business closing. The Washington Warn Act layoff notice obligation is enforced by ESD, which may sue for violations and assess civil penalties of up to $500 per day per affected employee.
The Act directly intersects with PFML: employers implementing a mass layoff may not include employees currently on PFML job-protected leave in that layoff. Such employees must remain employed with continued health insurance until their PFML leave ends, subject to limited exceptions for unforeseen business circumstances or natural disasters.
Construction relevance: the Act covers private employers with 50 or more full-time employees and requires 60 days’ advance written notice before a mass layoff or business closing. GCs and large specialty contractors that reduce headcount at project close-out must assess coverage. Smaller crews under 50 full-time workers are not covered.
Whistleblower protections
Washington prohibits retaliation against employees who report wage violations, discrimination, safety violations, or environmental hazards. Retaliated employees may seek back pay, reinstatement, and legal fees.
Employee resignation or termination in Washington
Washington allows at-will termination unless a contract is in place. Employees cannot be fired for discriminatory reasons, whistleblowing, or retaliation for reporting unsafe conditions. Written notice of termination is not required by state law, though it is recommended.
Unemployment benefits in Washington
Workers are eligible for unemployment benefits if they lost their job through no fault of their own (layoffs, company closure), meet minimum work-hour requirements in the base period, and are actively seeking work and available to take it.
COBRA benefits in Washington
Separated employees may extend employer-sponsored health coverage through COBRA for up to 18–36 months depending on the qualifying event. The employee is responsible for the full premium (both employee and employer portions) plus a 2% administrative fee.
Final paychecks in Washington
Final wages must be paid no later than the next regular payday following termination, in full for all hours earned. Accrued but unpaid vacation must be paid if the employer’s written policy provides for vacation payout. No amendments to RCW 49.48 affecting final paycheck timing were enacted in 2025–2026.
Avoid noncompliance penalties and save thousands with workyard
See how it works
Washington recordkeeping requirements
Under Washington law, employers must follow federal and state regulations for retaining employee and payroll records. These requirements ensure compliance with labor laws such as the Fair Labor Standards Act (FLSA) and others. Here is a breakdown of the records and their respective retention periods:
1 year
Employers must retain these documents for at least one year:
All employment records (hiring, firing, promotion, pay rate changes) — Equal Employment Opportunity Commission (EEOC) mandate
2 years
Employers must retain these documents for at least two years:
Timecards, earning records, wage-rate tables, shipping and billing records, pay differential documentation
3 years
Employers must retain these documents for at least three years:
Payroll records, employment contracts, collective bargaining agreements, Form I-9 (3 years from hire or 1 year from termination, whichever is later), FMLA records
5 years
Employers must retain these documents for at least five years:
OSHA injury and illness records (30 years for toxic substance exposure records)
6 years
Records related to employee benefits require a six-year retention:
Benefit plan summary descriptions and annual reports
Penalties for labor law noncompliance in Washington
Up to $1,000Wage violations
Up to $1,000 per violation, plus back pay with interest for the underpaid period. L&I can also assess civil penalties and order reinstatement. Employees may file a wage complaint directly with L&I.
Up to $7,000 per citationWISHA serious safety violations
Up to $7,000 per citation. L&I issues a Citation and Notice detailing the violation, the penalty, and the correction deadline. Employers may appeal within 15 working days
Up to $70,000 per citationWISHA repeat or willful violations
Up to $70,000 per citation for violations that are repeated or deliberate. DOSH may also refer egregious cases for criminal prosecution. Failure to correct a cited hazard can result in additional daily penalties.
Up to $1,000 per violationChild labor law violations
Up to $1,000 per violation. In severe cases — particularly where a minor is injured — violations may result in criminal charges against the employer.
Up to $500Mini-WARN Act
Up to $500 per day per affected employee for the period of required notice that was not provided, plus back pay and benefits. Employees have a private right of action; ESD may also sue directly.
Washington labor laws are enforced by the following state agencies. Violations are investigated and addressed by:
- Washington State Department of Labor & Industries (L&I)
- Division of Occupational Safety and Health (DOSH)
- Washington Employment Security Department (ESD)
How contractors are managing Washington payroll compliance
Staying on top of wage rule changes (statewide minimums, city-specific rates, overtime thresholds) is one thing. Actually reconciling those rules with what crews are clocking in the field is another.
Workyard’s analysis of 280 contractor discovery calls found that nearly 1 in 3 construction businesses identify labor compliance — including overtime rules, union pay codes, and state wage laws — as a primary operational risk. Workyard is workforce management software built for construction businesses.
AV Decking, a commercial steel decking subcontractor that works on large projects across multiple states, discovered this the hard way. Project managers were submitting timesheets by estimate, often defaulting to 10 hours per day for every crew member, regardless of actual time worked. The company estimated losing up to $47,000 per week in payroll inaccuracies. After implementing Workyard’s GPS time clock:
“We’ve had at least a solid six weeks now with all of our guys fully on the app, and in six weeks, we actually over exceeded that $150,000 that we had originally estimated for an entire year.”
— April Callaway, Administrative Assistant to the CEO, AV Decking
When Washington’s minimum wage increases, the spread between what’s reported and what’s actually worked gets more expensive, not less. GPS-verified time eliminates that gap.
Construction employee management relies on strong labor compliance. Transform your trade business (ex. cleaning) with contractor scheduling software that matches construction operations manager needs and connects to QuickBooks plus Rippling.
References
- 1
Washington State Department of Labor & Industries. “Minimum Wage.” www.lni.wa.gov/workers-rights/wages/minimum-wage/
- 2
Washington State Department of Labor & Industries. “Local Minimum Wage Rates.” www.lni.wa.gov/workers-rights/wages/minimum-wage/local-minimum-wage-rates
- 3
Washington State Department of Labor & Industries. “Overtime Rules Resources.” www.lni.wa.gov/workers-rights/wages/overtime/changes-to-overtime-rules
- 4
Washington State Department of Labor & Industries. “Rest Breaks, Meal Periods and Schedules.” www.lni.wa.gov/workers-rights/workplace-policies/rest-breaks-meal-periods-and-schedules
- 5
Washington State Department of Labor & Industries. “Paid Sick Leave.” www.lni.wa.gov/workers-rights/leave/paid-sick-leave/
- 6
Washington State Department of Labor & Industries. “Youth Employment — Hours of Work.” www.lni.wa.gov/workers-rights/youth-employment/hours-of-work
- 7
Washington State Department of Labor & Industries. “Non-Compete Agreements.” www.lni.wa.gov/workers-rights/workplace-policies/non-compete-agreements
- 8
Washington State Department of Labor & Industries. “Prevailing Wage — Public Works Projects.” lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage/
- 9
Washington State Department of Labor & Industries. “Prevailing Wage Rate Lookup.” secure.lni.wa.gov/wagelookup/rates/journey-level-rates
- 10
Washington State Department of Labor & Industries. “Safety and Health.” www.lni.wa.gov/safety-health/
- 11
Washington Employment Security Department. “Paid Family and Medical Leave — Updates.” paidleave.wa.gov/updates/
- 12
Washington Employment Security Department. “Job Protection Requirements for Employers.” paidleave.wa.gov/job-protection-requirements-for-employers/
- 13
Washington State Legislature. “RCW 49.46 — Minimum Wage Act.” app.leg.wa.gov/rcw/default.aspx?cite=49.46
- 14
Washington State Legislature. “RCW 49.12 — Industrial Welfare.” app.leg.wa.gov/rcw/default.aspx?cite=49.12
- 15
Washington State Legislature. “RCW 50A — Family and Medical Leave.” app.leg.wa.gov/rcw/default.aspx?cite=50A
- 16
Washington State Legislature. “RCW 49.62 — Noncompetition Covenants.” app.leg.wa.gov/rcw/default.aspx?cite=49.62
- 17
Washington State Legislature. “RCW 49.45 — Mass Layoffs and Business Closings (Mini-WARN Act).” app.leg.wa.gov/rcw/default.aspx?cite=49.45
- 18
King County, Washington. “Minimum Wage in Unincorporated King County.” kingcounty.gov/en/dept/local-services/governance-leadership/local-government-for-unincorporated-king-county/minimum-wage
Washington’s minimum wage is $17.13/hour as of January 1, 2026, the highest statewide minimum in the U.S. The rate applies to most employees aged 16 and over.
Some cities set higher local rates: Seattle is $21.30, Tukwila is $21.65, and Bellingham is $19.13. L&I adjusts the statewide rate annually based on CPI-W. The 2026 rate is a 2.8% increase over 2025’s $16.66.
Washington requires 1.5x for all hours over 40 in a workweek (RCW 49.46.130). The minimum overtime rate in 2026 is $25.70/hour. There is no daily overtime trigger — the threshold is weekly.
Washington’s salary threshold for overtime exemption is $80,168.40/year in 2026. If a salaried employee earns less than that, they must be paid overtime. Note also that under WA state labor laws breaks rules, missed paid rest breaks count as hours worked when calculating the 40-hour overtime threshold.
The most significant 2026 changes: (1) statewide minimum wage increased to $17.13/hour; (2) the overtime-exempt salary threshold unified to $80,168.40/year for all employer sizes; (3) PFML overhauled by HB 1213 — job protection now covers employers with 25+ employees, eligibility drops to 180 days, and minimum claim increments drop to 4 hours; (4) Washington mini-WARN Act took effect July 27, 2025; (5) noncompete salary thresholds updated to $126,858.83 for employees and $317,147.09 for independent contractors.
Washington’s union rules are unchanged — Contractors asking ‘is Washington a right to work state’ should know it is not; union membership can be required under a CBA.
Yes. Under RCW 49.62, noncompetes are enforceable against employees only if they earn more than $126,858.83 annually (2026 figure). For independent contractors, the threshold is $317,147.09. Agreements must be disclosed at the time of job offer, cannot exceed 18 months, and are void if an employee is laid off without salary continuation through the restriction period. The 2025 case David v. Freedom Vans LLC reaffirmed that Washington courts scrutinize both substance and salary compliance.
Tipped employees must receive the full Washington minimum wage of $17.13/hour (2026). Washington does not allow a tip credit. Tips are in addition to the full minimum wage, not a substitute for it. Employers may implement tip pooling, but managers, supervisors, and owners cannot participate. All employees in the pool must receive at least the full minimum wage after pooling.
$1,541.70/week ($80,168.40/year) for all employer sizes as of January 1, 2026. The employer-size distinction that existed in 2025 (small vs. large thresholds) was eliminated. This is 2.25x the state minimum wage and is the highest overtime-exempt salary threshold in the nation. Employees earning below this figure — regardless of their job title or duties — must be paid overtime for all hours beyond 40 per week.
Starting January 1, 2026, HB 1213 requires employers with 25+ employees to provide job-protected PFML leave. Previously, the threshold was 50+. If an employee has worked for the company for at least 180 calendar days (no hours-worked requirement), they qualify for job protection during PFML leave. The employer must continue health insurance throughout that leave.
Payroll systems must handle 4-hour minimum claim increments. Employers with fewer than 50 employees do not pay the employer share of the 1.13% PFML premium, but are still subject to job protection obligations if they have 25+ workers.
The Securing Timely Notification and Benefits for Laid-Off Employees Act (effective July 27, 2025) requires covered employers to provide advance written notice before a mass layoff, plant closing, or relocation. It has different coverage thresholds than the federal WARN Act.
For construction: GCs and large specialty subs that reduce headcount at project close-out should assess whether they are covered. Employees on PFML job-protected leave cannot be included in a mass layoff. Confirm exact coverage thresholds and notice requirements through the Washington Legislature website or legal counsel before any large-scale workforce reduction.
Washington requires overtime only on a weekly basis. The trigger is 40 hours in a seven-day workweek, not 8 hours in a single day. A construction worker who logs 12-hour days Monday through Thursday (48 hours) is owed 8 hours of overtime for that week. A worker who logs 7-hour days Monday through Friday (35 hours) owes no overtime. Washington does not have a daily overtime trigger.
Washington prevailing wages apply to all public works contracts — construction, alterations, repairs, and maintenance funded by state or local government. Rates are set by L&I per trade, per county, and are updated periodically based on collective bargaining agreements and local economic data.
Contractors must pay the applicable journey-level rate for each trade. Certified payroll records must be submitted to the agency. Pull current rates from https://secure.lni.wa.gov/wagelookup/rates/journey-level-rates before bidding any public works project in Washington.
