Washington Employment Law 2026

2.1 Wage and Hour Rights

Washington provides comprehensive wage and hour protections for employees, including among the nation’s highest minimum wages, mandatory overtime pay, required meal and rest breaks, and strict final paycheck requirements.

2.1.1 Minimum Wage (2026)

State Minimum Wage:

The 2026 minimum wage in Washington State is $17.13 per hour, effective January 1, 2026.

Source: Washington State Department of Labor & Industries Announcement
Citation: RCW 49.46.020
Official text: https://app.leg.wa.gov/rcw/default.aspx?cite=49.46.020
Announcement: https://lni.wa.gov/workers-rights/wages/minimum-wage/
Effective date: January 1, 2026
Last increased: January 1, 2026 (2.8% increase from $16.66 in 2025)

According to RCW 49.46.020, as established by Initiative Measure No. 1433 (approved November 8, 2016), Washington’s minimum wage adjusts annually based on the federal Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W).

Quote from statute: “Beginning mid-September each year, L&I will make a cost-of-living adjustment to the minimum wage based on the federal Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W).”

Source: L&I Minimum Wage webpage
Available at: https://www.lni.wa.gov/workers-rights/wages/minimum-wage/
Verified: January 7, 2026

Youth Minimum Wage:

Employers may pay workers ages 14-15 no less than 85% of the adult minimum wage.

2026 youth minimum wage: $14.56 per hour (85% of $17.13)

Source: RCW 49.46.020(5)
Official text: https://app.leg.wa.gov/rcw/default.aspx?cite=49.46.020

Federal Minimum Wage:

The federal minimum wage remains $7.25 per hour under the Fair Labor Standards Act (FLSA).

Source: Fair Labor Standards Act
Citation: 29 U.S.C. § 206(a)(1)(C)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/minimum-wage

Note: Washington employers must pay the higher state minimum wage of $17.13 per hour, as state law supersedes federal when providing greater protections.

Local Minimum Wages (2026):

Several Washington jurisdictions have established minimum wages exceeding the state rate:

Seattle: $21.30 per hour (all employers, regardless of size)
Source: City of Seattle Office of Labor Standards
Available at: https://www.seattle.gov/laborstandards/ordinances/minimum-wage
Effective: January 1, 2026

Tukwila: $21.65 per hour (large employers)
Source: City of Tukwila Municipal Code
Effective: January 1, 2026

Burien:

• Large employers (500+ employees): $21.63 per hour
• Mid-size employers (21-499 employees): $20.63 per hour
• Small employers (20 or fewer): Washington state rate applies
  Effective: January 1, 2026
  Note: Burien has conflicting minimum wage laws currently under legal challenge

Renton:

• Large employers (15+ employees or $2M+ annual revenue): $21.57 per hour (as of July 1, 2026)
• Mid-size employers: $20.57 per hour (January 1, 2026)
  Source: City of Renton Municipal Code
  Effective: Phased increases throughout 2026

Bellingham: $19.13 per hour (exactly $2.00 above state rate)
Effective: January 1, 2026

Everett: Specific tiered rates based on employer size
Effective: January 1, 2026

SeaTac: $20.74 per hour (hospitality and transportation industry employees only)
Effective: January 1, 2026

Unincorporated King County: $20.82 per hour (with temporary exceptions based on business size and gross revenue)
Source: King County Code
Available at: https://kingcounty.gov/en/dept/local-services/governance-leadership/local-government-for-unincorporated-king-county/minimum-wage
Effective: January 1, 2026

Employer Responsibility: Employers must pay the applicable minimum wage for the jurisdiction where work is performed. For multi-location employers, rates may vary by work location.

Coverage:

According to RCW 49.46.010(3), minimum wage applies to all “employees” unless specifically exempted. The statute defines “employee” as:

“Any individual employed by an employer but shall not include: (a) Any individual (i) employed as a hand harvest laborer and paid on a piece rate basis in an operation which has been, and is generally and customarily recognized as having been, paid on a piece rate basis in the region of employment; (ii) who commutes daily from his or her permanent residence to the farm on which he or she is employed; and (iii) who has been employed in agriculture less than thirteen weeks during the preceding calendar year…”

Source: RCW 49.46.010(3)
Official text: https://app.leg.wa.gov/rcw/default.aspx?cite=49.46.010

2.1.2 Overtime Requirements

Washington law requires overtime pay for non-exempt employees who work more than 40 hours in a workweek.

Overtime Rate:

According to RCW 49.46.130, employers must pay overtime at a rate of at least 1.5 times the employee’s regular hourly rate for all hours worked over 40 in a workweek.

Source: RCW 49.46.130
Text: “Except as otherwise provided in this section, no employer shall employ any of his or her employees for a workweek longer than forty hours unless such employee receives compensation for his or her employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he or she is employed.”
Official text: https://app.leg.wa.gov/rcw/default.aspx?cite=49.46.130
Last amended: 2023

Key Requirements:

Workweek definition: Employers can define a workweek as any 7 consecutive days beginning on the same day and time every week. If not defined, the workweek defaults to Sunday through Saturday.

Source: L&I Administrative Policy ES.A.8.1
Available at: https://lni.wa.gov/workers-rights/wages/overtime/

Weekly calculation: Washington does NOT require daily overtime for hours worked over 8 in a day, except for certain public works projects. Overtime is calculated based on total hours worked in a 7-day workweek.

Source: L&I Overtime webpage
Available at: https://www.lni.wa.gov/workers-rights/wages/overtime/
Verified: January 7, 2026

Mandatory overtime: Employers may require employees to work overtime, except for certain healthcare facility employees covered by RCW 49.28.130-.150.

Source: RCW 49.28.130
Healthcare worker protections: https://app.leg.wa.gov/rcw/default.aspx?cite=49.28.130

Non-waivable right: Employees cannot waive their right to overtime pay. Any agreement to waive overtime is void.

Source: Washington State Department of Labor & Industries guidance
Available at: https://www.lni.wa.gov/workers-rights/wages/overtime/

Agricultural Worker Overtime (2024 and after):

Following passage of ESSB 5172 in 2021, all agricultural workers in Washington became entitled to overtime pay after 40 hours per week as of January 1, 2024.

Phase-in schedule (completed):

• January 1, 2022: Overtime after 55 hours per week
• January 1, 2023: Overtime after 48 hours per week
• January 1, 2024: Overtime after 40 hours per week (current)

Note: Dairy workers were entitled to overtime after 40 hours from the law’s effective date (July 25, 2021).

Source: ESSB 5172 (2021)
Legislative intent: RCW 49.46.130
L&I guidance: https://www.lni.wa.gov/workers-rights/wages/overtime/agricultural-overtime

Overtime Exemptions:

Certain employees are exempt from overtime requirements under RCW 49.46.010(3)(c) and WAC 296-128:

1. Executive, Administrative, and Professional Employees (“White Collar” Exemptions)

To qualify for these exemptions in 2026, employees must meet both:

a. Salary threshold: $80,168.40 annually ($1,541.70 per week) – applies to all employers regardless of size

Source: Washington State Department of Labor & Industries announcement
Calculation: 2.25 times the state minimum wage
Official notice: https://www.lni.wa.gov/workers-rights/wages/overtime/
Effective: January 1, 2026

b. Duties test: Must primarily perform executive, administrative, or professional duties as defined in WAC 296-128.

Source: WAC 296-128-500 through 296-128-540
Official text: https://app.leg.wa.gov/wac/default.aspx?cite=296-128

2. Computer Professionals

May be paid either:

• Salary of at least $1,541.70 per week, OR
• Hourly rate of at least $59.96 per hour (3.5 times minimum wage)

Source: L&I Overtime webpage
Calculation: 3.5 times the 2026 minimum wage ($17.13)
Available at: https://www.lni.wa.gov/workers-rights/wages/overtime/
Effective: January 1, 2026

3. Additional Exemptions

RCW 49.46.130 exempts:

• Individuals employed as seamen
• Seasonal employees at agricultural fairs (maximum 14 working days per year)
• Motion picture projectionists covered by collective bargaining agreements
• Truck or bus drivers subject to USDOT hours of service regulations
• Casual laborers whose employment is irregular, uncertain, or incidental
• Forest protection and fire prevention workers
• Employees required to reside or sleep on-site
• Public elected or appointed officials

Source: RCW 49.46.130
Official text: https://app.leg.wa.gov/rcw/default.aspx?cite=49.46.130

Compensatory Time (“Comp Time”):

Private sector employers CANNOT offer compensatory time off in lieu of overtime pay.

Public sector employers MAY offer comp time if:

• The employee requests it (cannot be required)
• Credited at rate of at least 1.5 hours of time off for each overtime hour worked
• Federal requirements under 29 U.S.C. § 207(o) are met

Source: RCW 49.46.130
Federal authority: 29 U.S.C. § 207(o)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim

2.1.3 Meal and Rest Breaks

Washington is one of only eight states mandating both meal and rest breaks for employees.

Meal Break Requirements:

According to WAC 296-126-092(1), “Employees shall be allowed a meal period of at least thirty minutes which commences no less than two hours nor more than five hours from the beginning of the shift.”

Source: WAC 296-126-092(1)
Official text: https://app.leg.wa.gov/wac/default.aspx?cite=296-126-092
Regulatory authority: Washington Department of Labor & Industries

Key meal break rules:

Duration: At least 30 consecutive minutes

Timing: Must begin no less than 2 hours and no more than 5 hours from the start of the shift

Five-hour rule: According to WAC 296-126-092(2), “No employee shall be required to work more than five consecutive hours without a meal period.”

Overtime meal breaks: According to WAC 296-126-092(3), “Employees working three or more hours longer than a normal work day shall be allowed at least one thirty-minute meal period prior to or during the overtime period.”

Source: L&I Administrative Policy ES.C.6.1
Interpretation: “Normal work day” means the employee’s regularly scheduled shift
Available at: https://lni.wa.gov/workers-rights/_docs/esc6.1.pdf
Published: December 1, 2017

When meal breaks must be paid:

Meal breaks must be paid when: “the employee is required by the employer to remain on duty on the premises or at a prescribed work site in the interest of the employer.”

Source: WAC 296-126-092(1)

According to L&I guidance, meal breaks are compensable when:

• Employee is required to remain on duty
• Employee must remain on-call on premises or work site
• Employee is called back to work, interrupting the meal period
• Employee is not completely free from all duties

Source: L&I Rest Breaks, Meal Periods & Schedules webpage
Available at: https://www.lni.wa.gov/workers-rights/workplace-policies/rest-breaks-meal-periods-and-schedules
Verified: January 7, 2026

Waiver: Employees may choose to waive the meal period requirement. The employer may agree. However:

• Employee may rescind waiver at any time
• L&I recommends written waiver requests
• Employees must still receive required rest breaks

Source: L&I Administrative Policy ES.C.6.1, paragraph 8
Available at: https://lni.wa.gov/workers-rights/_docs/esc6.1.pdf

Rest Break Requirements:

According to WAC 296-126-092(4): “Employees shall be allowed a rest period of not less than ten minutes, on the employer’s time, for each four hours of working time. Rest periods shall be scheduled as near as possible to the midpoint of the work period. No employee shall be required to work more than three hours without a rest period.”

Source: WAC 296-126-092(4)
Official text: https://app.leg.wa.gov/wac/default.aspx?cite=296-126-092

Key rest break rules:

Duration: At least 10 minutes per 4-hour work period

Frequency: One rest break for every 4 hours worked

Timing: Should be scheduled as near as possible to the midpoint of the 4-hour period

Three-hour rule: No employee may be required to work more than 3 consecutive hours without a rest break

Paid: Rest breaks are ALWAYS paid time and count as “hours worked” for overtime calculations

Non-waivable: Unlike meal breaks, employees CANNOT waive their right to rest breaks

Source: L&I Administrative Policy ES.C.6.1, paragraph 9
Available at: https://lni.wa.gov/workers-rights/_docs/esc6.1.pdf

Examples by Shift Length:

8-hour shift:

• 2 paid 10-minute rest breaks (one in first 4 hours, one in second 4 hours)
• 1 unpaid 30-minute meal break (between hours 2 and 5)

10-hour shift:

• 2 paid 10-minute rest breaks
• 1 unpaid 30-minute meal break (between hours 2 and 5)
• Possible additional meal break if working 3+ hours beyond normal day

12-hour shift:

• 3 paid 10-minute rest breaks (one per 4-hour period)
• 2 unpaid 30-minute meal breaks (first between hours 2-5, second during overtime period)

Employer Responsibility:

Washington courts have established that employers must “ensure” compliance with break requirements, not merely provide an opportunity for breaks.

Source: Brady v. Autozone Stores, Inc., 188 Wn.2d 576, 397 P.3d 120 (2017)
Authority: Washington Supreme Court decision
Standard: Employers must affirmatively ensure employees take required breaks

Exceptions:

Meal and rest break requirements under WAC 296-126-092 do NOT apply to:

• Minor employees (under 18) – covered by WAC 296-125-0285 and WAC 296-125-0287
• Agricultural employees – covered by WAC 296-131-020
• Employees in construction trades covered by collective bargaining agreements (RCW 49.12.187)
• Certain other specifically exempted categories

Source: L&I Administrative Policy ES.C.6.1
Available at: https://lni.wa.gov/workers-rights/_docs/esc6.1.pdf

Healthcare Facility Employees:

Additional protections apply to employees in healthcare facilities under RCW 49.12.480.

Source: RCW 49.12.480
Official text: https://app.leg.wa.gov/rcw/default.aspx?cite=49.12.480
Effective: 2019

2.1.4 Final Paycheck Requirements

Washington law establishes strict timelines for paying final wages when employment ends.

Termination (Fired):

According to RCW 49.48.010, when an employer discharges an employee, all wages due must be paid no later than the end of the next pay period established for that particular employee.

Source: RCW 49.48.010
Text: “When any employee shall cease to work for an employer, whether by discharge or by voluntary withdrawal, the wages due him or her on account of his or her employment shall be paid to him or her at the end of the established pay period.”
Official text: https://app.leg.wa.gov/rcw/default.aspx?cite=49.48.010
Last amended: 2010

Resignation (Quit):

Same timeline applies – wages must be paid by the end of the next established pay period after resignation.

Source: RCW 49.48.010

Construction Workers – Special Rule:

For construction industry employees who have not met the 90-day paid sick leave eligibility at separation, employers must pay the balance of accrued and unused paid sick leave at the end of the established pay period following separation.

Source: RCW 49.46.210(1)(l)
Official text: https://app.leg.wa.gov/rcw/default.aspx?cite=49.46.210

Penalties for Late Payment:

If an employer willfully and with intent to deprive fails to pay wages when due, the employer may be subject to criminal prosecution and civil penalties.

Criminal penalties: Failure to pay wages as required may constitute a gross misdemeanor.

Source: RCW 49.48.060
Official text: https://app.leg.wa.gov/rcw/default.aspx?cite=49.48.060

Civil remedies: Employees may file wage complaints with L&I or pursue civil lawsuits for unpaid wages.

Source: RCW 49.48.082 (L&I enforcement)
Official text: https://app.leg.wa.gov/rcw/default.aspx?cite=49.48.082

What Must Be Included:

Final paychecks must include:

• All regular wages earned through the last day worked
• Earned overtime pay
• Accrued vacation pay (if company policy provides for payout)
• Commission or bonuses earned and due
• For construction workers: accrued unused paid sick leave (if not yet eligible to use)

Payment Method:

Employers may pay final wages by:

• Direct deposit (if employee has authorized)
• Paper check
• Cash
• Payroll card (if employee has authorized)

Delivery: Employers must ensure timely payment by established deadline, whether employee retrieves check, receives by mail, or by direct deposit.

2.2 Paid Sick Leave

Washington is one of approximately 15 states mandating paid sick leave for employees.

Statutory Authority:

Beginning January 1, 2018, Washington employers must provide paid sick leave to employees under Initiative Measure No. 1433, codified at RCW 49.46.210.

Source: RCW 49.46.210
Official text: https://app.leg.wa.gov/rcw/default.aspx?cite=49.46.210
Effective date: January 1, 2018
Legislative history: Initiative Measure No. 1433 (approved November 8, 2016)

2.2.1 Accrual Requirements

According to RCW 49.46.210(1)(a): “An employee shall accrue at least one hour of paid sick leave for every forty hours worked as an employee.”

Source: RCW 49.46.210(1)(a)
Official text: https://app.leg.wa.gov/rcw/default.aspx?cite=49.46.210

Key accrual rules:

Rate: Minimum 1 hour of paid sick leave per 40 hours worked

Coverage: ALL employees are covered, regardless of:

• Full-time or part-time status
• Temporary or seasonal status
• Classification

All hours count: All hours worked must be counted toward accrual, including overtime hours

Source: L&I Paid Sick Leave Minimum Requirements webpage
Available at: https://www.lni.wa.gov/workers-rights/leave/paid-sick-leave/paid-sick-leave-minimum-requirements
Verified: January 7, 2026

Accrual begins: Employees begin accruing paid sick leave from first day of employment (January 1, 2018, or date of hire if later)

Front-loading option: Employers may provide paid sick leave in advance of accrual (“front-load”), provided it meets or exceeds the statutory requirements for accrual, use, and carryover.

Source: RCW 49.46.210(1)(a)

Examples:

A part-time employee working 20 hours per week earns 1 hour of paid sick leave every two weeks.

A non-exempt salaried employee working 60 hours per week (including mandatory overtime) earns 3 hours of paid sick leave every two weeks.

Source: L&I Paid Sick Leave webpage
Available at: https://www.lni.wa.gov/workers-rights/leave/paid-sick-leave/paid-sick-leave-minimum-requirements

2.2.2 Carryover and Caps

Carryover:

According to RCW 49.46.210(1)(j): “Unused paid sick leave carries over to the following year, except that an employer is not required to allow an employee to carry over paid sick leave in excess of forty hours.”

Source: RCW 49.46.210(1)(j)
Official text: https://app.leg.wa.gov/rcw/default.aspx?cite=49.46.210

Key carryover rules:

Minimum carryover: Unused paid sick leave must carry over to the next year

Maximum carryover limit: Employers may cap carryover at 40 hours

Annual cap on use: Employers may limit use to 40 hours per year, even if employee has accrued more

Front-loading alternative: Employers who front-load at least 40 hours at the beginning of the year are not required to carry over unused time

2.2.3 When Employees Can Use Paid Sick Leave

90-Day Waiting Period:

According to RCW 49.46.210(1)(d): “An employee is entitled to use accrued paid sick leave beginning on the ninetieth calendar day after the commencement of his or her employment.”

Source: RCW 49.46.210(1)(d)

Authorized Purposes:

According to RCW 49.46.210(1)(b), employees may use paid sick leave for:

(i) An employee’s mental or physical illness, injury, or health condition; to accommodate the employee’s need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee’s need for preventive medical care;

(ii) To allow the employee to provide care for a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care for a family member who needs preventive medical care;

(iii) When the employee’s place of business has been closed by order of a public official for any health-related reason, or when an employee’s child’s school or place of care has been closed for such a reason;

(iv) For absences for which an employee would be entitled to leave under the domestic violence leave act, chapter 49.76 RCW; and

(v) [Effective January 1, 2025] During a deactivation or other status that prevents a driver from performing network services on the transportation network company’s platform.

Source: RCW 49.46.210(1)(b)
Official text: https://app.leg.wa.gov/rcw/default.aspx?cite=49.46.210

2024 Amendments (Effective dates vary):

HB 1875 (2024) expanded paid sick leave to include:

• Preparation for or participation in judicial or administrative immigration proceedings involving the employee or family member

Source: HB 1875 (2024), amending RCW 49.46.210
Effective date: Check current statute for specific effective date
Official text: https://app.leg.wa.gov/rcw/default.aspx?cite=49.46.210

Definition of “Family Member”:

RCW 49.46.210(2) defines “family member” as:

• Child (biological, adopted, foster, stepchild, legal ward, child of domestic partner, or person to whom employee stands in loco parentis)
• Parent (biological, adoptive, de facto, foster, stepparent, or legal guardian)
• Spouse or registered domestic partner
• Grandparent
• Grandchild
• Sibling

Source: RCW 49.46.210(2)
Official text: https://app.leg.wa.gov/rcw/default.aspx?cite=49.46.210

2.2.4 Rate of Pay

According to RCW 49.46.210(1)(i): “For each hour of paid sick leave used, an employee shall be paid the greater of the minimum hourly wage rate established in this chapter or his or her normal hourly compensation.”

Source: RCW 49.46.210(1)(i)

Normal hourly compensation is not necessarily the same as hourly wage. L&I guidance provides that employers must calculate based on the hourly rate the employee would have earned during the time they used paid sick leave, including any applicable premium rates.

Source: L&I Paid Sick Leave Minimum Requirements webpage
Available at: https://www.lni.wa.gov/workers-rights/leave/paid-sick-leave/paid-sick-leave-minimum-requirements

2.2.5 Notice and Verification

Notice:

According to RCW 49.46.210(1)(f): “An employer may require employees to give reasonable notice of an absence from work, so long as such notice does not interfere with an employee’s lawful use of paid sick leave.”

Source: RCW 49.46.210(1)(f)

Verification for Absences Exceeding 3 Days:

According to RCW 49.46.210(1)(g), for absences exceeding three days, employers may require verification that use of paid sick leave was for an authorized purpose. Requirements:

• Verification must be provided within a reasonable time period during or after the leave
• Requirements may not result in unreasonable burden or expense on employee
• May not exceed privacy or verification requirements otherwise established by law

Source: RCW 49.46.210(1)(g)
Implementing regulations: WAC 296-128-660
Official text: https://app.leg.wa.gov/wac/default.aspx?cite=296-128-660

Unreasonable burden process:

According to WAC 296-128-660, if an employer’s verification requirement creates an unreasonable burden or expense, the employee may:

1. Provide written or oral explanation of the unreasonable burden
2. Employer must consider explanation within 10 calendar days
3. Employer must make reasonable effort to identify alternatives

Source: WAC 296-128-660
Official text: https://app.leg.wa.gov/wac/default.aspx?cite=296-128-660

2.2.6 Retaliation Prohibited

According to RCW 49.46.210(4): “An employer may not discriminate or retaliate against an employee for his or her exercise of any rights under this chapter including the use of paid sick leave.”

Source: RCW 49.46.210(4)

Prohibited actions include:

• Termination
• Suspension
• Demotion
• Denying promotion
• Reducing pay or scheduled hours
• Altering preexisting work schedule
• Threatening immigration-related action
• Counting use of paid sick leave as absence leading to discipline

Source: L&I Paid Sick Leave Minimum Requirements webpage
Available at: https://www.lni.wa.gov/workers-rights/leave/paid-sick-leave/paid-sick-leave-minimum-requirements

2.2.7 Exemptions

According to RCW 49.46.010(3)(c), certain employees are exempt from the paid sick leave law:

• Executive, administrative, and professional employees who meet salary and duties tests
• Outside salespers ons who are bona fide outside salespersons
• Employees covered by specific collective bargaining agreements meeting requirements of RCW 49.46.180

Source: RCW 49.46.010(3)(c)
Official text: https://app.leg.wa.gov/rcw/default.aspx?cite=49.46.010
Collective bargaining exceptions: RCW 49.46.180
Available at: https://app.leg.wa.gov/rcw/default.aspx?cite=49.46.180