Washington Labor Laws

In the US, regulations outlined by the federal Fair Labor Standards Act (FLSA) manage the time spent by employees in the workplace, safeguarding their rights and guaranteeing fair pay for their efforts. These laws act as directives for employers, keeping them in check, and minimizing any forms of abuse or exploitation.

Time management and labor regulations are outlined by both federal and state laws in Washington. However, where both laws contradict, the stricter policy applies. Employes in Washington are offered greater minimum wage, overtime pay ,and break provisions under state law, which are summarized as follows: 

Employers who contravene federal or state time management laws face severe legal ramifications, including fines, back pay, and damages. If workers feel that their employer has violated their rights, they can file a worker’s right complaint with the Washington State Department of Labor and Industries for investigation and legal action.

Employers in Washington, when hiring, like in other states, are not allowed to discriminate against job candidates or employees based on factors such as:

• Race
• Color
• Religion
• National origin
• Sex
• Pregnancy
• Marital or familial status
• Disability
• Age
• Sexual orientation

It’s worth noting that Washington has an interesting law that protects those with disabilities (who have service animals) from discrimination by employers. Additionally, the Washington Equal Pay Act aims to combat gender pay gaps by forbidding employers from offering different salaries to employees who perform the same job and duties, based on their gender.

Washington doesn’t have a “right-to-work law” that would guarantee employees don’t have to join or be affiliated with a labor union. Employees in Washington are subject to the “Workplace Freedom” law, which requires union fees to be paid regardless of whether the employee chooses to participate in union-related activities.

In Washington, employers have the right to terminate the contract of employment without a specific reason, and employees can quit their jobs without facing legal consequences. However, if the employee is exercising a protected right, the termination will not be deemed legal. For example, the state law prohibits employers from retaliating against employees who make safety complaints, claim workers’ compensation, take protected leave or report violations of the Minimum Wage Act, Injured worker’s claim, Protected leave, and Equal Pay and Opportunities Act. If the employee is protected by any of these situations, the employer cannot terminate, suspend, demote or deny promotion, reduce hours or alter the schedule, reduce the rate of pay, or subject the employee to discipline. Additionally, employers cannot threaten to take action based on the immigration status of employees or their family members.

When an employee is lawfully terminated, the employer must pay all owed wages on the first regular payday. If the employee is unable to collect the wages in person, they can request that the wages be sent by mail. It is the employer’s responsibility to agree to this request. However, the state law does not provide any details on how wages should be paid to employees who are terminated due to legal proceedings or strike actions. In such cases, company policies will take effect.

Some regulations that affect employment in Washington include:

• Health Insurance Continuation Laws: The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) provides employees the right to continue their group health benefits for 12 to 36 months following both voluntary and involuntary job loss. In Washington state, COBRA applies to companies with over 20 employees. There are no state-specific health insurance continuation plans for employees in Washington. 
• Workplace Safety Laws: Workplace health and safety in Washington is primarily regulated by the federal Occupational Safety and Health Administration (OSHA). The OSH Act of 1970 seeks to assist employers in maintaining safe workplaces and preventing work-related injuries that can arise from substandard health protocols. In Washington, the Washington Industrial Safety and Health Administration (WISHA) imposes additional restrictions on employers to provide a workplace safe from hazards, prohibits drugs and alcohol at the workplace, and sets adequate standards for handling chemical and biological agents. WISHA also protects from retaliation and termination to employees who complain and report workplace safety and health problems to the state Labor and Industries office. 
• Background Check Laws: Washington’s ban-the-box law prohibits public and private employers from inquiring about a job applicant’s conviction history during the employment process. Furthermore, employers cannot use job advertisements that explicitly discourage applicants with criminal histories from applying. Employees can ask for an employee’s past record once an employment offer has been extended for recordkeeping. However, certain occupations, such as jobs with children or vulnerable individuals, and in financial institutions or law enforcement agencies can require employers to request an employee’s conviction history before confirming employment.   
• Whistleblower Protection Law: Washington’s Whistleblower Act (1982) encourages state employees to report criminal activities in their workplace without fear of retaliation. These policies ensure that no employee will be harassed, threatened, or fired for refusing to partake in illegal activities, violating federal or state laws, reporting workplace misconduct, or participating in an investigation concerning workplace violations.
• Social Media Usage Laws: Washington state law prohibits employers from asking employees for their social media account details, including usernames, passwords, and authentication information except for legal investigations. Furthermore, employers cannot require employees to add or delete specific contacts from their social media accounts. 

A minimum wage is the lowest remuneration that must be paid to an employee for performing their job in a specific time period. This amount may not be negotiated or further reduced by collective bargaining agreements or negotiation between employer and employee. 

The minimum wage in Washington, as of January 1, 2025, is $16.66 per hour.

Local Wages in Washington

Certain localities in Washington have higher minimum wage requirements. For 2025, these rates are as follows:

State law does not clearly define the criteria that categorize an employee as a tipped employee. Nonetheless, employers in Washington are not allowed to take tip credits. 

Starting January 1, 2025, tipped employees in Washington are entitled to the state’s full minimum wage, $16.66 per hour. This wage rate will vary based on the locality the tipped worker is employed in. 

Federal and state law collectively list the following occupations exempt from minimum wage requirements. 

• Executives
• Administrators, learned and creative professionals, computer employees
• Highly compensated employees
• Outside salespeople
• Apprentices (with certain conditions)
• Minors aged 14 and 15 
• On-the-job learners who can earn 85% of the state’s minimum wage i.e. $14.161 per hour 
• Student learners and workers, who can earn 75% of the state minimum wage i.e. $12.495 per hour
• Workers exempt under the Washington Minimum Wage Act

As of July 31, 2023, state law has discontinued subminimum wage requirements for disabled workers. Such employees are now entitled to the state’s minimum wage i.e. $16.66 per hour. 

Employees in Washington must be paid on a regular payday scheduled at least once a month. Where an employee’s pay includes wages earned for the hours worked in a particular time period, it can also include compensation earned for attending meetings, time spent traveling, participating in training, being on-call, or preparing for work by donning protective gear or uniform. 

Employers may use any method of wage payment, as long as accessing their pay does not create a cost for the employee.

Employees in Washington who work more than 40 hours a week are entitled to overtime pay of at least 1.5 times their regular hourly wage. For minimum wage earners, this amount stands at $24.99 per hour in 2025. 

Beginning January 1, 2024, agricultural and dairy workers in the state are also entitled to overtime pay for all hours worked beyond 40 in a week. 

Following federal regulations, only public employees can request to be given compensatory time off or ‘comp time’ instead of overtime pay. Workers can accrue 1.5 hours of comp time for each hour worked as overtime.

According to Washington’s overtime laws, an employee’s exemption status varies depending on their employer’s size. 

Starting January 1, 2025, employees working for small businesses with one to 50 employees are considered exempt from overtime compensation if they earn more than $1,332.80 per week (or $69,305.60 annually). Employees who work for employers with 51 or more workers are exempt from overtime pay if they earn $1,499.40 weekly (or ($77,968.80 annually). 

This generally includes salaried white collar workers employed in bona fide execute, administrative or professional roles. 

Other occupations exempt from receiving overtime pay in the state include:

• Highly compensated employees making $151,164 or more per year
• Computer professionals earning at least $58.31 an hour
• Outside salespeople
• Forest protection and fire prevention workers
• Publicallly elected officers of the state
• Seasonal employees who work no more than 14 days in a year
• Air carrier workers and seamen
• Casual labor 

Washington State also excludes minors and certain employees who don’t meet the definition of “an employee” as outlined in the Minimum Wage Act.   

Except minors and agricultural workers, all employees in Washington must be provided rest breaks that last at least ten minutes for every four hours of consecutive work. 

These rest breaks should ideally be scheduled in middle of the employee’s four consecutive hours of work. Employers can also allow employees to take mini breaks i.e. very short periods of breaks scattered throughout a period of four hours, that add up to ten minutes. Employees in Washington can not waive rest breaks. 

For healthcare workers, rest periods must be scheduled and undistrubed, unless the worker’s absence leads to serious consequences for a patient. If a rest period is interrupted, it must be made up for with an additional ten minutes of rest break as soon as possible. 

Rest breaks are paid and are also included in calculations for paid sick leave as well as overtime. For this reason, all breaks taken by an employee must be promptly recorded by an employer for accuracy and compliance with the law. 

Employers in Washington are required to provide their employees with a meal break lasting at least 30 minutes if they work for more than five hours in a shift. The meal break should be scheduled between the second and fifth hour of the shift.  

If an employee’s shift extends at least three hours over their regular shift, they may be entitled to a second 30-minute meal break. This meal period must be scheduled within five hours of the end of the first meal period.

However, note that these meal breaks are not paid for unless an employee is required to carry out job duties throughout the meal break, stay on-call, or if the nature of the job causes an interruption during the meal break. Furthermore, meal breaks can be waived with mutual agreement between the employer and the employee.

Washington’s workplace pregnancy accommodation laws require employers with 15 or more employees to provide breastfeeding employees with reasonably timed breaks throughout the workday to express milk. Breaks lasting more than ten minutes are not paid. 

Employers are also required to provide facilities at the workplace that can store breast milk (if required), as well as a non-toilet. private room, free from intrusion to express milk. These provisions must be available for two years after the birth of a child. 

As per Washington’s labor laws, employers must allocate a specified amount of leave time for their workers, including:

• Family and Medical Leave: Washington State’s Paid Family and Medical Leave allows employees to take paid leave for qualifying personal and medical reasons including caring for their own or a family member’s serious illness, bonding with a new born or adopted child, or spending time with a family member discharged from military duty. Eligible employees must’ve worked at least 820 hours in a 12-month period, which is marked by the first day 15 months prior to when an employee applies for this benefit. Employees taking paid leave may also have job protection if they work for an employer who has employed more than 50 workers in the state, as well as if the employee has worked more than 1,250 hours within on year. Job restoration can be denied under certain circumstances. Note that this leave is different from the federal FMLA, which offers 12 week of unpaid leave for qualifying reasons. Employees can choose to combine both benefits, if needed.  
• Sick Leave: Washington’s Paid Sick Leave allows most employees to earn one hour of paid sick leave for every 40 hours worked. Employers can also choose to offer more hours of leave. The sick leave accrues at the beginning of the calendar year (Jan, 1). Unused paid leave of 40 hours or less can be carried over to the next year. Employees are permitted to use this leave for their own physical or mental health problems and those of a family member. They can also use the leave if their workplace or child’s school closes due to a health reason, or if they need to take leave under the state’s Domestic Violence Leave Act (DVLA).
• Jury Duty Leave: According to Washington labor law, employers are mandated to provide employees with unpaid time off to attend jury duty, though employees may need to validate their absence with a jury summons. Employees attending jury duty can not be threatened, coerced, harassed, or denied any workplace opportunities for exercising this right. 
• Domestic Violence and Sexual Assault Leave: Employees who have experienced sexual assault, domestic violence, or stalking are eligible to take unpaid time off from work to seek legal and medical help, contact social services, develop a safety plan, and relocate. This leave also applies to qualifying family members of the employee. The employee can choose to use paid sick leave, leave without pay, or paid time off for this purpose instead. Employers are prohibited from discriminating or retaliating against workers who are victims of assault or violence. 
• Military Leave: The Washington Military Family Leave Act allows employees who have a spouse in the army or national guard can take up to 15 days of job-protected leave if their partner has been called on duty during a military conflict. To be eligible, an employee must work at least 20 hours per week. Employees can also choose to use other leave benefits for this purpose. 
• Bereavement Leave: In Washington State, every employee is allowed three days of paid leave for bereavement. Employers may require verification of the employee’s relation to the individual who has passed away. Employees can also take leave for a shorter period of time, if required, or can request to use other leave benefits for bereavement. 
• Volunteer Leave: Employees who are part of emergency personnel including voluntary firefighters, reserve guard and officers of the Civil Air Patrol can take leave to tend to an emergency. Only mployers with 20 or more employees are required to provide this benefit.

The following public holidays will be observed in Washington for the year 2025: 

Any individual under the age of 18 is considered a minor in Washington and is protected by the state’s child labor policies. 

Although the minimum age of employment in Washington is 14, miniors under the age of 14 can be employed in theatre and as newspaper carriers, casual labor, wreath makers, unpaid volunteers for charities and non-profits organizations or as workers on a family-owned farm. Minors aged 12 and 13 can also work on farms to hand-harvest berries, bulbs, spinach and cucumbers only.

Work Permits for Minors in Washington

All employers are required to secure a minor work permit for every workplace they employ one or more minors. To employ a minor under the age of 14, employes must also obtain superior court approval, a parental or school authorization form and a document with the minor’s proof of age.

Work hours for minors in Washington vary based on their age, school hours and the nature of their job. Generally, minors cannot work during school hours and more than six days in a standard work week.

Minors under the age of 14 can only be employed with court approval. However, once employed, their work schedules follow the standard set for minors aged 14 and 15.  Additional work-hour regulations for minors in the state are as follows:

When School is in Session

• For minors aged 14 and 15:  They can work up to three hours daily on school days and eight hours on Saturday and Sunday, with work hours scheduled only between 7 a.m. and 7 p.m. Weekly work hours may not exceed 16. 
• For minors aged 16 and 17: They can work up to four hours on school days and eight hours on Saturday and Sunday. Weekly work hours cannot exceed 48. Work hours may only be scheduled between 7 a.m. and 10 p.m. However, these hours can be extended till midnight on weekends or on a day before a school holiday. 

During Summer Break 

• For minors aged 14 and 15:  They can work up to eight hours daily with work hours scheduled only between 7 a.m. and 7 p.m. Work hours may be extended till 9 p.m. from June 1st to Labor Day. Weekly work hours may not exceed 40. 
• For minors aged 16 and 17: They can work up to eight hours daily, with weekly work hours not exceeding 48. Work hours may only be scheduled between 5 a.m. and midnight. 

Employers can request an exception to these work-hour regulations with a variance in Washington. 

Breaks for Minors in Washington

Rest breaks for minors in Washington are paid. Minors under 16 must be given a ten-minute rest break for every two hours of work. They must also be provided with an uninterrupted meal break after four hours of work. This meal break must be given separately from the minor’s rest break. 

Minors aged 16 and 17 must be provided a ten-minute rest break after four hours of work. If they work more than five hours in a workday, they are entitled to an uninterrupted 30-minute meal break. 

In the state of Washington, there are several jobs and tasks that minors are not allowed to perform in any industry. These include:

• Work related to slaughtering, packing, processing, and rendering of meat
• Any tasks involving the use or repair of power-driven machines
• Handling highly toxic chemicals
• Working with explosives
• Working during a labor dispute
• Roofing, wrecking, demolition and excavation
• Driving motor vehicles on public roads
• Working in bakeries with power tools
• Working past 8 p.m. without adult supervision

Learn more with the state’s comprehensive guide to Prohibited Jobs for Minors in Washington.