Washington State Overtime and Labor LawsBelow is an overview of the minimum wage and overtime pay laws that apply to workers in the state of Washington. Private actions to enforce Washington’s wage and hour laws, and recover unpaid overtime due to workers, are commonly brought (on a contingent fee basis) by employment law firms such as The Lore Law Firm. If you believe that you have been deprived of the overtime pay that you are legally entitled to, please contact us for a free and confidential review of your situation.
- January 1, 2013 $9.19
- January 1, 2012 $9.04
- January 1, 2011 $8.67
- January 1, 2010 $8.55
- January 1, 2009 $8.55
- January 1, 2008 $8.07
While Washington state employment law allows a worker to agree to receive time off at a later date instead of being paid overtime (“comp time”), federal law does not comp time to be given by private employers.
The following are some of the employees who are exempt from the overtime regulations under Washington state law:
- Farm/ Ranch/Agricultural workers
- Casual Labor in/at private residences such as babysitting or yard work
- Fire and forest protection employees
- Newspaper venders / carriers
- Seasonal agricultural fair employees as long as they don’t work more than 14 days per year
- Employees who sleep or reside at their place of employment (Federal law may be different than state law).
- Seaman and Washington State ferry crews
- Employees a youth camps
- Inmates, residents or patients of public detention, treatment or rehabilitation facilities
- Elected or appointed public positions
- Movie Projectionists
- Air carrier employees
- Executive, Administrative, Professional, Computer Professional and Outside Sales (link to Fed exemptions)
- Commissioned Salespeople that sell cars, trucks, farm implements, recreational vehicles and manufactured housing as long as they receive at least one and one-half the minimum wage for all hours worked.
- Retail / Service Employees if more than half of their wages per week is commissions.
- Truck / Bus Drivers if the company has gotten approval from the Department of Labor & Industries for a “reasonably equivalent” plan
- Firefighters / Police Officers if they work certain tours of duty
RN’s and LPNs who work in certain facilities and are paid on an hourly basis cannot be required to work over the established schedules or agreed-upon work week.
- State and federal taxes
- Deductions agreed to by the employee in advance such as personal loans and advances
- Medical costs when the employees agrees to these deductions
- Court-ordered garnishments
- Cash drawer shortages – subject to certain conditions
- Breakage, damage or loss of equipment if caused by the employee’s dishonest or willful act
- Bad checks or credit card charges accepted by the employee if the business has established acceptance policies prior to the incident
- Worker theft but the business must file a police report
- Deductions that were agreed to at the time of termination
- Yes. (There is an exception for registered nurses and licensed practical nurses).
- No. However, if an employee is non-exempt, then they must be paid overtime pay if they are required to work more than 40 hours per workweek. There are limits for employees under 18.
- No, employees cannot waive their right to overtime pay.
- No, overtime pay is only required for working more than 40 hours in a workweek.
- Yes. Employer may change an employee’s schedule at any time, with or without notice.
- Employers must keep employee contact information, occupation, daily and weekly hours, rates of pay, total wages earned, deductions and net pay for the pay periods for 3 years. When requested, these records must be made available to an employee in a reasonable amount of time.
- There is no state law that requires an employer to pay these benefits upon termination but if the employer promises to pay these benefits and does not, an employee can sue to recover these.
- Yes, you can be required to stay on site during your rest period and during paid meal breaks. If your break is unpaid, you can only be required to stay on site if you are completely relieved of duty and will never be called back to work during the meal period.
- No. However, it is advisable to turn these items in promptly to avoid disputes.