Washington Overtime Pay Law
Employers in Washington must conform with these state rules regarding overtime pay for employees.
In Washington, time and one-half the regular rate is due after 40 hours of work in a workweek. Employees may request compensatory time off in lieu of overtime pay.
Exemptions From the General Overtime Provision
The following are exempt from the overtime pay provisions:
- seasonal employees of agricultural fairs
- hand harvest laborers paid on a piece-rate basis
- casual laborers in or about a private home, unless performed in the course of the employer's trade, business, or profession
- bona fide executive, administrative, or professional capacity employees
- outside salespersons
- newspaper vendors or carriers
- volunteers for educational, charitable, religious, state, or local governmental body or agency, or nonprofit organization
- employees of certain charitable institutions providing childcare
- employees engaged in forest protection and fire prevention activities
- movie projectionists employed pursuant to a contract or collectively bargained agreement regulating hours of work and overtime
- truck and bus drivers subject to the Federal Motor Carrier Act whose pay system includes overtime pay reasonably equal to that required by this law
- farm employees
- employees regulated by the federal Interstate Commerce Act or in any industry where federal law provides overtime based on a workweek of other than 40 hours
Commissioned salespersons. Certain commissioned salespersons must be paid the greater of:
- compensation at the state minimum hourly rate or more for each hour worked up to 40 per week and one and one-half times that rate for all hours worked over 40 or
- a straight commission, a salary plus commission or a salary plus bonus applied to gross salary.
Retail employees. Retail employees may work over 40 hours per workweek if:
- the employee's regular pay rate exceeds one and one-half times the minimum wage rate; and
- more than 50 percent of the employee's compensation for a representative period (at least one month) represents commissions on goods or services.
Truck drivers. Overtime pay for truck drivers requires payment of overtime for hours worked over 40 hours a week for interstate driving, including hours spent working out of state.
Health care employees. Twenty-four hour licensed health care facilities cannot require nurses to work overtime, although exceptions do apply. The refusal to work overtime may not be grounds for adverse employment decisions.