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
• 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.