BizFilings Logo
800-981-7183

Washington Overtime Pay Law

Filed under Managing the Workplace. Fact checked on May 25, 2012.

Article Tools

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
  • seamen
  • 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.

Article Tools

blog comments powered by Disqus
Next Article in Office & HR
NM: Overtime Pay Law

Employers in New Mexico must conform with these state rules regarding overtime pay for employees.

Read More »Next Article
Close