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Washington State Overtime Laws: Your Guide to Rates, Statutes, Calculations, and More (2025)
Learn about Washington State overtime laws, including the criteria for exemptions, compliance strategies for employers, and employee rights under the law.

Washington Overtime Rates and Statutes
1.5x
Washington State's Primary Overtime Pay Rate
Most employees in Washington who work more than 40 hours in a 7-day workweek must be paid overtime at a rate of 1.5 times their regular hourly rate. While double time pay is not required under state law, exceptions apply to certain public works projects.
Eligible employees cannot waive their right to overtime pay, and employers must provide it regardless of company size. However, employers can mandate overtime work, except for certain healthcare facility employees.
Collective bargaining agreements and employers may offer overtime pay exceeding Washington’s minimum requirements.
40 hours / week
Threshold to Receive Overtime Pay in Washington State
While most employees in Washington are entitled to overtime pay after exceeding 40 hours of work in a week, there are specific categories of workers who are exempt from this requirement.
RCW 49.46.130
The Main Overtime Statute(s) in Washington State
RCW 49.46.130 dictates a minimum compensation of 1.5x the regular rate for employment exceeding 40 hours in a week in Washington State.
WAC 296-128
Washington State Minimum Wage Standards
Chapter 296-128 of the Washington Administrative Code (WAC) outlines regulations regarding minimum wage and paid sick leave in Washington State. It addresses overtime provisions applicable to certain workers (such as bus and truck drivers), ensuring compliance with state labor laws while providing protections for employees regarding their wages and benefits.
ESSB 5172
Agricultural Overtime
The 2021 ESSB 5172 law extends overtime protections to agricultural workers, including piece-rate employees, with a gradual phase-in period:
- 2022: Overtime for hours over 55/week.
- 2023: Overtime for hours over 48/week.
- 2024: Overtime for hours over 40/week.
Dairy workers already qualify for overtime beyond 40 hours per week.
L&I
Washington Department of Labor and Industries is Responsible for Enforcement of Overtime Laws in Washington State
Employees who believe their right to overtime pay has been violated can file a complaint with the Washington Department of Labor and Industries (L&I).
How to Calculate Overtime Pay in WA
Regular Hourly Rate
Overtime pay is calculated as 1.5 times the employee’s regular hourly rate, which cannot be less than the state’s minimum wage. To determine the regular hourly rate:
- Add all qualifying weekly compensation (excluding overtime premiums).
- Divide the total by the number of hours worked that week.
Included Compensation:
- Hourly rates, including varying rates.
- Salaries.
- Piece rates and flat rates.
- Commissions.
- Non-discretionary bonuses (contractual or promised).
Excluded Compensation:
- Discretionary bonuses.
- Tips and service charges.
- Reimbursed expenses.
- Paid time off (e.g., vacation, holidays, sick leave).
Example Calculation:
A mechanic works 48 hours in a week:
- 38 hours at $35/hour = $1,330.
- Flat-rate work earning $444.50.
- Total compensation = $1,774.50.
- Divide by 48 hours = $36.97 regular hourly rate.
Overtime Compensation:
- Regular rate x 40 hours = $1,478.75.
- Overtime rate (1.5x) = $55.46/hour.
- 8 hours overtime = $443.68.
- Total weekly pay = $1,478.75 + $443.68 = $1,922.43.
Alternative Calculation:
- Overtime premium (0.5x regular rate) = $36.97 x 0.5 = $18.49/hour.
- Overtime premium (8 hours) = $147.88.
- Total pay = Regular rate for all hours + overtime premium = $1,774.56 + $147.88 = $1,922.44.
Who's Eligible For Overtime Pay in Washington?
Most hourly, piece rate, and commissioned employees qualify for overtime pay when they exceed 40 hours in a week.
Some salaried employees, provided they do not meet the executive, administrative, or professional exemptions (white-collar jobs).
The federal government has announced an increase in the salary threshold that determines overtime pay eligibility for salaried employees. Effective in 2024, any salaried worker earning $684 or more per week will be exempt from overtime pay. Furthermore, this threshold is projected to grow by 2.5 times by 2028, further impacting employee compensation.
Individuals who are engaged in employment that is irregular, uncertain, or incidental in nature and duration are deemed as casual laborers and not eligible for overtime pay.
As mentioned above, salaried employees in these three types of roles whose duties and pay meet the criteria specified above are exempt from overtime roles. These roles have management and/or leadership functions as part of their core duties.
Employees exempt from the Minimum Wage Act, such as:
- Railroad and oil pipeline workers regulated under the Interstate Commerce Act.
- Forest protection and fire prevention workers.
- Employees required to sleep or reside on-site.
- Workers subject to call for a substantial portion of their time.
- Public elected or appointed officials and state legislature employees.
- Seamen on foreign and American vessels.
- Seasonal agricultural fair employees who work no more than 14 days per year.
- Interstate air carrier employees who voluntarily trade shifts under specific arrangements.
Certain jobs require overtime pay but may use alternative payment methods:
- Truck or bus drivers with a “reasonably equivalent” overtime plan.
- Commissioned salespeople selling specific vehicles, receiving time and a half for all hours worked.
- Retail or service workers earning over half their wages in commissions.
- Firefighters and police officers working specific tours of duty.
- Public employees opting for compensatory time off instead of overtime pay.
- Industries with federal laws mandating overtime based on workweeks other than 40 hours.
- Industries leasing federal land for recreation, paying overtime after 56 hours per week.
- Hospitals and residential care facilities with agreements for a 14-day, 80-hour cycle, not exceeding 8 hours per day.
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WA vs. Federal Overtime Laws Compared
40 Hours /weekWashington State Overtime Threshold
In Washington, eligible employees working more than 40 hours in a 7-day workweek must be paid overtime. Unlike California, Washington law does not require overtime pay for working more than 8 hours in a single day, except for certain public works projects.
40 Hours /weekFederal Overtime Threshold
Under the federal Fair Labor Standards Act (FLSA), non-exempt employees must receive overtime pay for hours worked over 40 in a workweek. A workweek is defined as a fixed, regularly recurring 7-day (168-hour) period, which can start on any day and time of the week.
1.5x+Overtime Rate Comparison
Washington requires employers to pay at least 1.5 times an employee’s regular hourly rate for overtime. Double time is not mandated, except for certain public works projects. Employers of all sizes must comply, and employees cannot waive their overtime rights.
The FLSA also mandates a 1.5x overtime rate for hours worked over 40 in a week. There are no provisions for double time or additional rates, regardless of hours worked or job type.
ExemptionsEmployees Exempt from Overtime
Washington Employees Exempt from Overtime
- Workers not meeting the “employee” definition under the Minimum Wage Act.
- Certain workers in agriculture during the phased-in exemption period (law updates pending).
Federal Employees Exempt from Overtime
- Executive, administrative, and professional workers meeting salary and duties tests.
- Computer-related and outside sales employees.
- Highly compensated employees earning over $151,164 annually, with at least $1,128 per week on a salary or fee basis.
Overtime AlternativesWA Compensatory Time
Washington private employers cannot offer compensatory time off in lieu of overtime pay. Public employees may request comp time at a 1.5x rate, but employers cannot mandate it.
Misconceptions About WA Overtime Laws
Some employers may believe that overtime laws in Washington apply only to hourly workers and not to salaried employees.
Washington’s overtime laws extend to some salaried employees, depending on their duties and salary level. Roles that do not meet the criteria for executive, administrative, or professional exemptions are eligible for overtime, even if the worker is salaried.
Similar to other states, there’s a misconception that all workers in Washington qualify for overtime pay if they exceed 40 hours in a week.
Not all workers are covered. Certain roles, such as agricultural employees during the phased-in exemption period or workers defined outside the “employee” category under the Minimum Wage Act, may not qualify for overtime.
Employers sometimes believe they have the right to create overtime policies that differ from state or federal laws.
Washington law requires employers to follow state-mandated overtime rules. Policies that reduce or eliminate overtime eligibility, outside of collective bargaining agreements, are not permitted.
Some employers assume that Washington requires overtime pay for employees who work more than eight hours in a single day, similar to other states like California.
Washington does not mandate daily overtime unless specific public works projects are involved. Overtime is calculated based on exceeding 40 hours in a 7-day workweek.
Employers might believe Washington’s overtime pay rate of 1.5 times the regular hourly rate is the only consideration.
While 1.5x is standard, certain public works projects may involve unique overtime calculations. Additionally, the “regular rate” includes various forms of compensation, such as commissions or bonuses, which must be factored into overtime pay calculations.
Penalties for Overtime Noncompliance in WA
$1,000 /violationWillful Violations
Employers found to have willfully violated overtime laws under RCW 49.46 or related statutes may face civil penalties of $1,000 per violation. Repeat offenders can face penalties ranging from $2,000 to $20,000 for each subsequent willful violation.
Up to $1,000Wage Violations
Employers who fail to pay employees at least the state minimum wage or for all hours worked may be fined up to $1,000 per violation. In addition to fines, they may be required to pay back wages owed, plus interest.
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Navigating Overtime Requirements in Washington
Know What to Do as an Employer
- Classify Employees Correctly
Regularly review the classification of your employees to ensure they are properly categorized as exempt or non-exempt based on their job duties and salary. Misclassifying employees can lead to significant legal liabilities, including back pay, penalties, and legal fees. - Track Hours Accurately
Invest in reliable time-tracking systems or software to ensure accurate recording of all hours worked by your employees. Automated systems can help streamline the process and reduce errors, making it easier to manage overtime pay. - Ensure Accurate Overtime Calculations
Calculate overtime pay correctly, factoring in all hours worked and any applicable bonuses, commissions, or other incentives. Mistakes in calculating overtime can result in underpayment and legal disputes. - Communicate Overtime Policies Clearly
Develop clear overtime policies and communicate them effectively to all employees. Ensure your employees understand when they are eligible for overtime pay and the process for reporting their hours worked. - Conduct Regular Training
Provide training to HR staff, managers, and supervisors to ensure they are well-versed in Washington State overtime laws. This ensures that everyone understands their responsibilities for managing employee hours and calculating overtime pay. - Stay Informed of Legal Changes
Regularly monitor updates to Washington State’s overtime laws and regulations. Stay in compliance with new rules, and consult legal counsel or HR professionals for guidance on complex situations.
Know Your Rights as a Worker
- Understand Your Classification
Whether you’re classified as exempt or non-exempt significantly impacts your eligibility for overtime pay. Ensure that you’re correctly classified, and if you’re unsure, seek clarification from your employer. - Keep Records of Your Hours
Maintain a personal record of the hours you work, including regular and overtime hours. This can be crucial in verifying your pay, especially if there’s a dispute over overtime compensation. - Know How Overtime Is Calculated
Familiarize yourself with how overtime pay is calculated, including any adjustments for bonuses, commissions, or other pay incentives. This knowledge can help you spot errors in your pay. - Communicate Pay Discrepancies
If you believe you’ve been incorrectly paid or misclassified, bring it up with your employer. Many pay issues can be resolved internally through open communication. - Seek Legal Help If Needed
If you’re unable to resolve an overtime dispute with your employer, consider seeking advice from a labor rights organization or legal counsel for further assistance.
Common Overtime Pay Challenges for Employers in Washington State
1. Misclassifying Employees
A common mistake is misclassifying employees as exempt when they should be non-exempt, or vice versa. Misclassification can lead to back wages, penalties, and costly legal consequences.
2. Inaccurate Overtime Calculations
Employers may incorrectly calculate overtime rates, especially when commissions or bonuses are involved. This can result in underpayment, which could lead to wage violation lawsuits.
3. Inadequate Record-Keeping
Poor record-keeping practices, such as failing to accurately track hours worked, can be problematic during audits or investigations. Washington State law requires employers to maintain precise records of hours worked, including overtime.
4. Ignoring Overtime Policies
Some businesses may overlook the importance of communicating clear overtime policies. This can cause confusion and disputes over when employees are entitled to overtime pay.
Best Practices for Washington Overtime Compliance
1. Use Advanced Workforce Management Tools
Adopt tools like Workyard’s GPS time clock to track employee hours and automate compliance with federal overtime rules. These systems reduce administrative workload and payroll errors.
2. Classify Employees Correctly
Ensure that all employees are classified correctly under Washington State’s overtime laws. Misclassification can lead to costly back pay and penalties. Consider conducting regular audits and consulting with legal experts to confirm correct classification.
3. Track Hours Worked Accurately
Implement reliable systems for tracking employee work hours, including overtime, meal breaks, and rest periods. This ensures compliance and helps in accurate overtime pay calculations.
4. Stay Proactive
Monitor labor law updates, conduct regular policy reviews, and adjust practices to align with the latest regulations.
Final Thoughts
Washington State’s overtime laws balance the rights of employees with the obligations of employers, emphasizing fair pay for hours worked while ensuring compliance with detailed regulations. Understanding these rules—from defining workweeks and calculating overtime to managing exemptions and addressing penalties for noncompliance—is essential for employers operating in the state.
Tools like Workyard simplify overtime compliance with accurate time tracking, automated overtime calculations, and detailed reporting. With Workyard, wmployers can save money, reduce errors, and ensure legal compliance—all while streamlining operations.
Take control of your compliance challenges today by exploring how Workyard can streamline your operations and protect your business.
Workyard helps you stay compliant with labor laws. Find out about specific state labor laws that apply to employees hours and payroll records:
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The salary threshold for exemption in Washington State increases annually, with a 2024 threshold of $684 per week. This will grow by 2.5 times by 2028. Employees earning below this amount are eligible for overtime pay.
The job duties test assesses whether an employee’s primary responsibilities fall under exempt categories such as executive, administrative, professional, or outside sales roles. Exempt employees must meet specific duties requirements, such as managing other employees for executive roles.
Employers can adjust salaries, reclassify employees from exempt to non-exempt, manage work hours to control overtime costs, and conduct regular job duties audits to ensure proper classification. Training managers on overtime laws is also essential.
Non-compliance can result in financial penalties, including back pay, fines, and potential lawsuits. The company could face audits, investigations, and damage to employee relations, which may lead to higher turnover rates.
Employees have the right to overtime pay for hours worked over 40 in a week, accurate job classification, and protection from retaliation for asserting their rights. They can file complaints with the Department of Labor and Industries or pursue legal action if their overtime rights are violated.