Washington Labor Law Guide 2026: Wages, Overtime, Breaks, and Leave
Washington labor laws for employers in 2026: the $17.13 minimum wage with no tip credit, the $80,168.40 exempt salary threshold, mandatory meal and rest breaks, paid sick leave at 1 hour per 40, Paid Family and Medical Leave, final pay by the next pay period, and youth hour limits.
Washington has the highest statewide minimum wage in the country, the highest salary threshold for exempt employees, a paid sick leave mandate, and a state-run paid family and medical leave program. The Department of Labor and Industries (L&I) enforces the Minimum Wage Act (RCW 49.46), the wage payment rules in RCW 49.48, and the youth employment rules, and it publishes the annual minimum wage and salary threshold figures each autumn.
- Washington's minimum wage is $17.13 an hour in 2026, indexed every January 1, with no tip credit and city rates above $19 across the Puget Sound region
- Salaried employees must earn at least $80,168.40 a year (2.25 times the minimum wage) to be exempt from overtime in 2026, and the multiplier rises to 2.5 by 2028
- Every employee gets a paid 10-minute rest break for each 4 hours and a 30-minute meal period for shifts over 5 hours; rest breaks cannot be waived
- All employers must provide paid sick leave at 1 hour for every 40 hours worked, usable after 90 days, with 40 hours of carryover
- Final wages are due by the end of the established pay period after separation, whether the employee quit or was discharged
Minimum Wage in Washington
Washington's minimum wage is $17.13 per hour for every employee aged 16 and older, with no tip credit and no small-employer tier. L&I adjusts the rate every January 1 using the CPI-W and announces the new figure by September 30. Workers aged 14 and 15 may be paid 85 percent of the rate. Seattle, SeaTac, Tukwila, Renton, Burien, Everett, Bellingham, and unincorporated King County set higher local rates, so an employer with sites across the region can face four or five different wage floors.
For the local rate table, the youth rate, and the 2027 adjustment, see the Washington minimum wage guide.
Overtime Rules
Washington requires overtime at 1.5 times the regular rate after 40 hours in a workweek under RCW 49.46.130. There is no daily overtime, and no state premium for weekend or holiday work, although some collective bargaining agreements add one. Agricultural workers gained overtime rights on a phase-in that reached 40 hours in 2024.
The state's exempt salary threshold is what sets Washington apart. To qualify for the executive, administrative, or professional exemption in 2026, an employee must be paid a salary of at least 2.25 times the state minimum wage, which is $80,168.40 a year, or $1,541.70 a week. The multiplier rises to 2.5 times the minimum wage by 2028, when the threshold is projected to pass $93,000. Computer professionals paid hourly must earn at least 3.5 times the minimum wage. A salaried employee below the threshold is non-exempt and owed overtime regardless of title.
Worked example at the minimum wage: an employee paid $17.13 works 45 hours in a week. Regular pay is 40 hours at $17.13 ($685.20) plus 5 hours at $25.70 ($128.50), for $813.70 gross. Model other schedules with the overtime calculator, and compare Washington with daily-overtime states in our overtime pay laws in the US guide.
Meal and Rest Breaks
Washington's break rules are among the most specific in the country, and L&I enforces them actively. Its rest breaks and meal periods page states that employees get "one paid 10-minute rest period for every 4 hours worked" and "cannot be required to work more than 3 hours without a rest break." Meal periods are required when working more than 5 hours in a shift and "must start between the second and fifth hour of the shift."
| Break type | Requirement | Applies to |
|---|---|---|
| Rest break | 10 minutes, paid, for every 4 hours worked; scheduled near the midpoint; no more than 3 hours without one | All employees; cannot be waived |
| Meal period | 30 minutes for shifts over 5 hours, starting between the 2nd and 5th hour; unpaid only if completely free of duties | All employees; waivable by mutual agreement |
| Overtime meal | An additional 30-minute meal period when working 3 or more hours beyond the scheduled shift | All employees |
| Minors | 30-minute meal for shifts over 5 hours and a paid 10-minute rest for every 2 hours worked | Under 18 |
A meal period is paid if the employee stays on duty, remains on call on the premises, or is called back to work. Rest breaks count as hours worked for overtime and paid sick leave accrual. For contact centers the practical rule is a paid 10-minute break inside every 4-hour block and a duty-free 30-minute meal that starts before the fifth hour. The break time calculator shows the minimum breaks for any shift length, and our rest and meal break laws by state guide compares Washington with Oregon and California.
Paid Sick Leave and Other Leave
Every Washington employer must provide paid sick leave under the Minimum Wage Act. L&I's paid sick leave page states that employees "must earn at least one hour of paid sick leave for every 40 hours you work" and "may begin using earned paid sick leave 90 calendar days after your first day of work." Unused balances of 40 hours or less carry over each year, and balances are reinstated if the employee returns within 12 months. Leave covers the employee's or a family member's illness, preventive care, closures for health reasons, domestic violence leave, and, since July 27, 2025, participation in immigration proceedings. Exempt executives, doctors, lawyers, and dentists are excluded.
| Leave type | Washington rule |
|---|---|
| Paid sick leave | 1 hour per 40 hours worked at every employer; use after 90 days; 40 hours carryover |
| Paid Family and Medical Leave | State insurance program run by the Employment Security Department; up to 12 weeks of family or medical leave, 16 combined, with premiums split between employer and employee; confirm the current premium rate and weekly benefit cap with ESD |
| Family and Medical Leave Act | Federal FMLA for employers with 50 or more employees |
| Domestic violence leave | Reasonable leave, paid or unpaid, for victims and family members at employers of any size |
| Jury duty | Employers may not fire or threaten an employee for jury service; unpaid |
| Military | Federal USERRA plus state protections for National Guard members |
| Pregnancy accommodation | Employers with 15 or more employees must provide reasonable accommodations under the Healthy Starts Act |
See paid sick leave laws in the US for how Washington's accrual compares with other mandates, and jury duty laws in the US for court leave rules.
PTO Payout and Final Paychecks
Under RCW 49.48.010, wages due when an employee stops working are payable at the end of the established pay period following separation. The rule is the same for a discharge and a resignation, and Washington has no same-day rule. Willful failure to pay wages exposes the employer to double damages and attorney fees under RCW 49.52.070.
Payout of accrued vacation or PTO follows the employer's written policy. Washington does not require payout by statute, and accrued paid sick leave does not have to be paid out unless the policy promises it. Our PTO payout laws by state guide lists the rule for every state.
Pay frequency: employers must pay at least monthly on established paydays, and a pay statement must show hours worked, rate, gross pay, and deductions. Deductions for cash shortages, breakage, or loss are barred unless the employee's dishonesty or willful act caused them.
Exempt vs Non-Exempt Employees
Washington uses the federal duties tests but its own, much higher salary level. In 2026 an exempt employee must be paid at least $1,541.70 per week on a salary basis, and the figure rises with the minimum wage each January. Outside sales employees and licensed professionals such as lawyers and doctors are exempt without a salary test. Because the threshold is more than double the federal $684, many roles that are exempt in other states, including contact center team leads and junior analysts, are non-exempt in Washington. Our exempt vs non-exempt employees guide and the FLSA exemption flowchart walk through the tests.
Child Labor Rules
Minors need a parent or school authorization form, and employers need a minor work permit endorsement on their business license. L&I's hours of work page sets the limits.
| Age group | School week | Non-school week | Hours of day |
|---|---|---|---|
| 14 and 15 | 3 hours a day (8 on Saturday and Sunday), 16 hours a week | 8 hours a day, 40 a week | 7 AM to 7 PM; until 9 PM from June 1 to Labor Day |
| 16 and 17 | 4 hours a day (8 Friday to Sunday), 20 hours a week, 6 days | 8 hours a day, 48 a week | 7 AM to 10 PM; midnight on Friday and Saturday or before a school holiday during school weeks; 5 AM to midnight in non-school weeks |
Minors working past 8 PM in service jobs need adult supervision, and minors get a 30-minute meal for shifts over 5 hours plus a paid 10-minute rest every 2 hours. See child labor laws in the US for the federal baseline.
Other Washington Employment Rules
- Pay transparency. Employers with 15 or more employees must include the wage scale or salary range and a general description of benefits in every job posting under the Equal Pay and Opportunities Act.
- Non-compete threshold. Non-competes are enforceable only against employees earning above an inflation-adjusted threshold (above $120,000 a year in 2025 and higher in 2026; confirm the current figure with L&I), and are void for lower earners.
- Captive audience meetings. Since 2024, employers may not discipline employees who decline to attend meetings about the employer's political or religious views, including union matters.
- Layoff notice. A state mini-WARN law effective July 27, 2025 requires 60 days' notice of business closures and mass layoffs at employers with 50 or more employees; confirm coverage details with ESD.
- Lactation and pregnancy. Employers with 15 or more employees must provide reasonable break time and a private space for expressing milk.
- Marijuana testing. Since 2024, most employers may not reject applicants based on a pre-employment test for non-psychoactive cannabis metabolites.
Hiring, Termination, and Record-Keeping
Washington is an at-will state with the usual exceptions for discrimination, retaliation, and public policy. The Washington Law Against Discrimination covers employers with 8 or more employees and protects sexual orientation, gender identity, and other characteristics beyond federal law; the Human Rights Commission enforces it. Salary history questions are banned for all employers.
Employers must keep payroll records for at least 3 years, showing hours worked each day and week, rate of pay, and paid sick leave accrued and used, and must give employees a pay statement each payday. Post the L&I minimum wage, paid sick leave, and workers' compensation notices along with the federal posters. Because rest breaks are timed against hours worked and the meal period must start before the fifth hour, punch-level records matter; a time card calculator with break tracking and a written timekeeping policy keep the records defensible.
Frequently Asked Questions
Is Washington an at-will state? Yes, with exceptions for discrimination, retaliation, public policy, and implied contracts.
Does Washington require lunch breaks? Yes. Employees who work more than 5 hours get a 30-minute meal period that must start between the second and fifth hour, plus a paid 10-minute rest break for every 4 hours worked.
What is the salary threshold for exempt employees in Washington? $80,168.40 a year ($1,541.70 a week) in 2026, which is 2.25 times the state minimum wage. It rises every January and reaches 2.5 times the minimum wage in 2028.
When is the final paycheck due in Washington? By the end of the established pay period following the separation, whether the employee quit or was fired.
Does Washington have paid sick leave? Yes. Every employer must provide at least 1 hour of paid sick leave for every 40 hours worked, usable after 90 days, with 40 hours of annual carryover.
How many hours can a minor work in Washington? During school weeks, 14 and 15 year olds are limited to 16 hours and 16 and 17 year olds to 20 hours; in non-school weeks the limits are 40 and 48 hours.
Does Washington allow a tip credit? No. Tipped employees must receive the full $17.13 minimum wage before tips.
Does Washington pay out unused PTO at separation? Only if the employer's written policy provides for it.
Sources
- L&I: Changes to overtime rules and salary thresholds
- L&I: Rest breaks, meal periods, and schedules
- L&I: Paid sick leave
- L&I: Youth employment hours of work
- RCW 49.48: Wages, payment, collection
- US Department of Labor: State minimum wage laws
Reviewed September 2026
Laws change through legislation, agency rules, and court decisions. The paid family leave premium and benefit figures, the non-compete threshold, the mini-WARN coverage details, the minor work permit endorsement, and the anti-discrimination coverage threshold are stated from general knowledge of Washington law and should be confirmed with L&I or the Employment Security Department before you rely on them.
Breaks and Overtime Need Exact Punches
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