WashingtonOvertime Rules & Laws (2026)
Last updated: 2026-03-27
Summary: Washington has its own overtime law that is stricter than federal FLSA. Overtime required after 40 hours per workweek at 1.5x regular rate. Salary exemption threshold: $1,541.70/week ($80,168.40/year) for all employers.
What are the overtime rules in Washington?
| Weekly Threshold | 40 hours |
|---|---|
| Daily Overtime? | NoOnly weekly overtime applies |
| Overtime Rate | 1.5x regular rate |
| Follows FLSA? | State lawStricter than federal FLSA |
How does Washington differ from federal overtime rules?
Washington has strong overtime protections under the Washington Minimum Wage Act (RCW 49.46). Overtime at 1.5x after 40 hours per workweek. Washington significantly raised its salary threshold for exempt employees — tied to a multiplier of the state minimum wage. As of 2026, WA's threshold is $1,541.70/week ($80,168.40/year) for all employers (2.25x state minimum wage). Agricultural workers gained overtime rights starting 2022, now at the standard 40-hour threshold.
How to Calculate Overtime in Washington
Example 1: Employee works 45 hours in one week at $20/hr
40 x $20.00 = $800.00 (straight time) + 5 x $30.00 = $150.00 (weekly OT at 1.5x)
Total pay: $950.00
Example 2: Employee works 50 hours in one week at $17.13/hr (WA min wage)
40 x $17.13 = $685.20 (straight time) + 10 x $25.70 = $257.00 (OT at 1.5x)
Total pay: $942.20
Example 3: Salaried non-exempt employee at $1,200/week works 48 hrs
$1,200.00 (salary for 40 hrs) + 8 x $15.00 = $120.00 (OT premium half-time)
Total pay: $1,320.00
Calculate Your Overtime Pay
Enter your details below to see a breakdown of regular, overtime, and total pay.
This assumes a non-exempt hourly employee. Exempt employees are not entitled to overtime. This calculator provides estimates only — actual pay may vary based on shift differentials, piece rates, bonuses, or other factors. Not legal or payroll advice.
What Counts as "Hours Worked" in Washington?
Under Washington law, the following time must be counted as hours worked for overtime purposes:
- •All time an employee is required to be on the employer's premises, on duty, or at a prescribed workplace
- •On-call time when the employee must remain on or near the premises and cannot use time freely
- •Travel time between job sites during the workday
- •Mandatory training, meetings, or lectures
- •Meal breaks where the employee is not relieved of duties for 30 uninterrupted minutes
- •Rest breaks of 10 minutes per 4 hours worked (paid under WA law)
- •Time donning/doffing required protective equipment
Who is Exempt from Overtime in Washington?
| Salary Threshold | $1,541.70/week ($80,168.40/year) for all employers — Washington state minimum (2.25x state minimum wage), well above federal |
|---|---|
| Exempt Categories | Executive, administrative, professional (Washington applies its own duties tests and salary thresholds, stricter than FLSA). Computer professionals have a separate hourly threshold. |
| Industry Exemptions | Agricultural workers now fully covered at the standard 40-hour threshold (phase-in complete as of 2024). Some seasonal workers. Certain fishing/processing. |
Overtime Exemption Categories Explained
| Category | Requirements |
|---|---|
| Executive | Salary $1,541.70+/week ($80,168.40/year in 2026, 2.25x state min wage); manages enterprise/department; directs 2+ employees; hire/fire authority; WA applies its own duties tests |
| Administrative | Salary $1,541.70+/week; office/non-manual work related to management or business operations; exercises discretion and independent judgment on significant matters |
| Professional | Salary $1,541.70+/week; advanced knowledge in science or learning requiring prolonged study; or creative work requiring invention/imagination |
| Computer Professional | Salary $1,541.70+/week or separate hourly rate threshold; systems analyst, programmer, software engineer |
| Outside Sales | No salary requirement; primary duty is making sales away from employer's place of business |
Must I Pay Unauthorized Overtime in Washington?
Yes — you must pay for all overtime worked, even if unauthorized.
Washington employers must pay for all hours actually worked, including unauthorized overtime. Under the WA Minimum Wage Act, the employer cannot withhold pay for time worked. Employers may discipline employees for working unauthorized overtime but are still obligated to compensate for hours worked.
Common Overtime Violations to Avoid in Washington
These are the most common overtime mistakes employers make in Washington. Avoiding them protects your business from costly lawsuits and penalties.
- 1.Using the federal salary threshold ($35,568/year) instead of Washington's much higher threshold ($80,168/year) when classifying exempt employees
- 2.Failing to update exempt classifications annually as Washington's salary threshold increases automatically with minimum wage
- 3.Not paying agricultural workers overtime (phased in starting 2022, now at 40-hour threshold)
- 4.Requiring off-the-clock work before or after shifts
- 5.Not providing required 10-minute paid rest breaks per 4 hours worked
- 6.Averaging hours across workweeks
Penalties for Overtime Violations in Washington
Washington employers who violate overtime rules face significant penalties under the Washington Minimum Wage Act. Employees can recover double the unpaid wages as damages, plus attorney's fees and costs. The Department of Labor and Industries (L&I) can investigate complaints and order compliance. Willful violators face civil penalties. Washington has a 3-year statute of limitations for wage claims.
What Washington Employers Need to Know
- •Washington has one of the highest salary exemption thresholds in the nation ($80,168/year for all employers in 2026)
- •WA's salary threshold is tied to a multiplier of the state minimum wage — it increases automatically
- •Overtime required at 1.5x after 40 hours per workweek
- •Agricultural workers phased into overtime rights starting 2022
- •No daily overtime requirement in Washington (despite the strict weekly rules)
- •Washington's minimum wage ($17.13/hr in 2026) is among the highest nationally
Frequently Asked Questions
What is Washington's salary threshold for exempt employees?
Washington's threshold is tied to the state minimum wage. For 2026, it's $1,541.70/week ($80,168.40/year) for all employers (2.25x state minimum wage). This is well above the federal $684/week.
Do Washington farmworkers get overtime?
Yes. Starting in 2022, agricultural workers in Washington gained overtime rights. The threshold started at 55 hours and is decreasing to align with the standard 40-hour threshold.
Official Washington Resources
Related Resources on This Site
More for your state
- GuideWashington small business guide
- Workers' CompWashington workers comp requirements
- Business LicenseWashington business license requirements
- LLChow to form an LLC in Washington
- Sales TaxWashington sales tax rates & rules
- Minimum WageWashington minimum wage
- Sick LeaveWashington paid sick leave requirements
- Required BenefitsWashington required employee benefits
Helpful guides
- General Liabilitygeneral liability insurance
- Commercial Autocommercial auto insurance
- Professional Liabilityprofessional liability / E&O insurance
- Business Owners Policybusiness owners policy (BOP)
Compare Other States
This is general information, not legal advice. Requirements change — always verify with the official state agency or a qualified employment attorney. Sources: Washington State Department of Labor and Industries (L&I), U.S. Department of Labor.