Washington — Wage & Hour

Washington's minimum wage is $17.13 per hour, effective January 1, 2026. The rate is indexed annually to the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W); the Washington Department of Labor & Industries calculates the adjustment by September 30 each year based on the CPI-W change for the twelve months prior to each September 1, with the adjusted rate taking effect the following January 1.

Source: RCW 49.46.020; L&I 2026 Minimum Wage Announcement, Sept. 30, 2025

Washington requires overtime pay at 1.5 times the regular rate for all hours worked over 40 in a workweek. The state does not require daily overtime; working more than 8 hours in a single day does not trigger overtime unless total weekly hours exceed 40. Employers may define a workweek as any 7 consecutive days beginning on the same day and time each week; if no workweek is defined, it defaults to Sunday through Saturday.

Source: RCW 49.46.130

Washington requires employers to provide both meal periods and rest breaks to all nonexempt employees under WAC 296-126-092. These requirements are more prescriptive than the federal FLSA, which imposes no meal or rest break mandate on private-sector employers.

Meal periods. Employees must receive a meal period of at least 30 minutes that commences no less than two hours and no more than five hours from the beginning of the shift. No employee may be required to work more than five consecutive hours without a meal period. The meal period is unpaid if the employee is completely relieved of duty for the entire 30 minutes; if the employee is required to remain on duty on the premises or at a prescribed work site in the interest of the employer, the entire meal period must be paid and counted as hours worked.

Employees working three or more hours longer than their normal workday must receive at least one additional 30-minute meal period prior to or during the overtime portion of the shift. The Washington Department of Labor & Industries interprets "normal work day" to mean the employee's regularly scheduled shift, which may itself be longer than eight hours. Thus, an employee on a regular 10-hour schedule who works 13 hours is entitled to a second meal period because they worked three hours beyond the 10-hour norm.

Rest breaks. Employees must receive a rest period of at least 10 minutes, on the employer's time (paid), for each four hours of working time. Rest breaks must be scheduled as near as possible to the midpoint of the four-hour work period. No employee may be required to work more than three consecutive hours without a rest break. Because rest breaks are measured by actual working time—not scheduled shift length—an employee who works into a rest-break window (for example, staying late beyond the end of a scheduled eight-hour shift) may trigger an additional rest-break entitlement. Rest breaks are paid time and may not be waived by the employee (except in the limited healthcare-worker waiver context permitted under RCW 49.12.480, effective January 1, 2026).

Scope and application. WAC 296-126-092 applies to all employers of nonexempt employees in Washington. It applies regardless of employer size and regardless of whether the employee is covered by a collective bargaining agreement (although a union contract may provide more generous break provisions). The regulation does not permit employers to require employees to waive meal or rest periods in exchange for leaving work early or for additional pay, except as expressly permitted for certain healthcare workers under RCW 49.12.480.

Enforcement and remedies. The Washington Department of Labor & Industries enforces WAC 296-126-092 under the state Minimum Wage Act (RCW 49.46) and related labor standards statutes. Employees may file a wage complaint with L&I if an employer fails to provide required meal or rest breaks. When a meal period or rest break is missed, the employee is entitled to be paid for the time that should have been a break. Employers must maintain records sufficient to demonstrate compliance with meal and rest break requirements under WAC 296-128-010.

Healthcare workers — additional protections. Employees of hospitals licensed under RCW Chapter 70.41 who perform direct patient care or clinical services are subject to heightened meal and rest break protections under RCW 49.12.480, effective January 1, 2026. Those additional requirements—including mandatory uninterrupted breaks, quarterly employer reporting to L&I, and voluntary waiver provisions—are covered in a separate section of this guide.

Source: WAC 296-126-092; RCW 49.12.480

Washington permits employers to pay workers under age 16 a reduced minimum wage rate of 85 percent of the standard state minimum wage, while workers aged 16 and 17 must receive the full state minimum wage. WAC 296-126-020 establishes this age-based differential: subsection (1) requires that "every employer shall pay to each of his or her employees who has reached his or her 16th or 17th year of age a rate of pay per hour which is equal to the hourly rate required by RCW 49.46.020 for employees 18 years of age or older," and subsection (2) provides that "every employer shall pay to each of his or her employees who have not reached their 16th year of age a rate of pay per hour that is not less than 85 percent of the hourly rate required by RCW 49.46.020 for employees 18 years of age or older."

Current rates. For 2026, the youth minimum wage is $14.56 per hour (85% of the $17.13 standard minimum wage). Workers aged 16 and 17 must receive the full $17.13 rate. The Washington Department of Labor & Industries announced these rates on September 30, 2025, effective January 1, 2026. Because Washington's minimum wage adjusts annually based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) under RCW 49.46.020(4), the 85% youth wage recalculates automatically each January 1 to track the standard rate; L&I announces the new rates by September 30 each year.

Scope. The 85% rate applies to workers ages 14 and 15. Workers who turn 16 must immediately receive the full state minimum wage; WAC 296-126-020 does not provide for any partial-month proration or grace period. The regulation applies regardless of whether wages are computed on an hourly, commission, piecework, or other basis.

No federal training wage in Washington. Although the federal Fair Labor Standards Act authorizes a $4.25-per-hour training wage for workers under age 20 during their first 90 consecutive calendar days with an employer (29 U.S.C. § 206(g)), Washington's higher state minimum wage displaces the federal rule under the FLSA's preemption provision (29 U.S.C. § 218(a)). WAC 296-126-020 does not create any temporal or training-based exception; the 85% youth rate applies from the first day of employment and remains in effect until the employee reaches age 16. Employers must comply with the higher state standard.

Relation to statutory authority. The youth wage regulation is promulgated under the statutory authority conferred by RCW 49.46.170(2), which authorizes the director of the Department of Labor & Industries to "adopt rules to implement" the Minimum Wage Act. RCW 49.46.020 itself establishes the base minimum wage rate for employees who have "reached the age of eighteen years"; WAC 296-126-020 fills the gap for workers aged 14–17 by setting the full rate for 16–17-year-olds and the 85% rate for 14–15-year-olds.

Source: WAC 296-126-020; RCW 49.46.020; L&I 2026 Minimum Wage Announcement, Sept. 30, 2025

Employees of hospitals licensed under RCW Chapter 70.41 who perform direct patient care or clinical services are subject to heightened meal and rest break protections under RCW 49.12.480, which took effect January 1, 2020, with additional amendments effective January 1, 2026. These requirements layer on top of the general meal and rest break rules in WAC 296-126-092 that apply to all Washington nonexempt employees.

Covered employees. RCW 49.12.480(3) applies to employees of hospitals licensed under RCW Chapter 70.41 who are (a) involved in direct patient care activities or clinical services, and (b) either receive an hourly wage or are covered by a collective bargaining agreement. "Direct patient care activities" means providing care and services to patients, including assessment, diagnosis, treatment, and prevention of diseases and injuries. The statute does not apply to salaried exempt employees, to clinics or physician offices, to nursing homes, birthing centers, or psychiatric hospitals; those settings are governed by the general WAC 296-126-092 break requirements only.

Uninterrupted breaks. RCW 49.12.480(1)(b) requires employers to provide employees with uninterrupted meal and rest breaks. Interruptions are permitted only in two narrow circumstances: (i) an unforeseeable emergent circumstance, defined in RCW 49.28.130 to include a declared emergency, activation of the hospital disaster plan, or an unforeseen catastrophic event that substantially affects the need for healthcare services; or (ii) an unforeseeable clinical circumstance where the employee determines that a significant adverse effect on the patient's condition could result from a delay in care. If a break is interrupted under either of these exceptions, the employee is entitled to the remainder of the break as soon as reasonably possible. If the break is not completed, it is treated as a missed break. The employer must document the interruption and make records available to the Department of Labor & Industries on request.

Quarterly reporting to L&I. RCW 49.12.480(2) requires hospitals to track meal and rest break compliance and submit quarterly reports to L&I on a department-issued form within 30 calendar days after the end of each calendar quarter. The report must include the total number of meal periods and rest breaks required, the total number of missed meal periods and rest breaks (excluding waived or voluntarily combined breaks), and the total number of meal periods and rest breaks that were waived or combined by voluntary agreement. Most hospitals began quarterly reporting on July 1, 2024, covering the quarter from July 1 through September 30, 2024, with the first report due October 30, 2024.

Critical-access hospitals, sole community hospitals (as certified by the Centers for Medicare & Medicaid Services) that are not owned or operated by a health system operating more than one acute hospital, hospitals with fewer than 25 acute-care licensed beds, hospitals on islands in the Puget Sound served by Washington State Ferries, and hospitals located on an island operating within a public hospital district in Skagit County do not begin quarterly reporting until July 1, 2026, under RCW 49.12.480(2)(c).

Enforcement — 80 percent compliance threshold and civil penalties. Under RCW 49.12.483, if L&I determines after reviewing a quarterly report that a hospital has failed to provide required meal and rest breaks more than 20 percent of the time (i.e., is below 80 percent compliance), L&I may offer technical assistance to the employer. Through June 30, 2026, L&I must offer technical assistance before imposing penalties. Beginning July 1, 2026, if L&I finds that an employer exceeded the 20 percent threshold for missed breaks, L&I may assess civil penalties on a per-quarter basis: $5,000 for hospitals with fewer than 25 beds; $10,000 for hospitals with 25 to 99 beds; $15,000 for hospitals with 100 to 299 beds; and $20,000 for hospitals with 300 or more beds. If L&I imposes a penalty in a third consecutive quarter, the penalty amounts double for subsequent consecutive quarters. An employer that achieves compliance for a single quarter is no longer subject to escalated penalties for subsequent violations.

Voluntary waivers and break-timing flexibility — effective January 1, 2026. Amendments to RCW 49.12.480 effective January 1, 2026, allow healthcare workers and hospitals to enter into voluntary written agreements to waive or adjust certain meal-period and rest-break requirements. An employee working a shift of eight hours or longer may voluntarily waive a second or third meal period, but at least one meal period must still be provided and taken. (Employees working shifts shorter than eight hours may waive the single meal period if the shift is less than six hours.) Employees may also agree to adjust the timing of meal and rest breaks, provided the meal period starts no earlier than the third hour worked and no later than the second-to-last hour scheduled. Employees may agree to combine one rest period with one meal period during the same shift, provided the shift entitles the employee to at least one meal period and more than one rest period; the combined meal and rest period must generally meet the timing requirements for both breaks.

Any waiver or break-timing adjustment agreement must be in writing or electronic format, must expressly state that it is voluntary and may be revoked by the employee at any time, must include a summary of the applicable L&I rule governing meal and rest periods (WAC 296-126-092), and must be agreed to by employer and employee before the first shift in which it is relied upon. Rest breaks themselves may not be waived, but their timing may be adjusted within the written-agreement framework. Employers may not take adverse action against employees for refusing to sign a waiver or for revoking a waiver; RCW 49.12.483(3) defines "adverse action" as any action taken or threatened against an employee for exercising rights under RCW 49.12.480, but excludes noncoercive counseling, coaching, training, or resources offered to an employee.

Relation to general break requirements. Healthcare employees covered by RCW 49.12.480 remain entitled to all break protections under WAC 296-126-092. RCW 49.12.480 does not reduce or eliminate those baseline entitlements; it adds the requirement that breaks be uninterrupted (except in the narrow exceptions described), imposes quarterly reporting obligations on hospitals, and establishes a framework for voluntary waivers. For example, a covered healthcare employee working a 12-hour shift is entitled to at least two 30-minute meal periods and three 10-minute paid rest breaks under WAC 296-126-092, and under RCW 49.12.480 those breaks must be uninterrupted unless one of the statutory exceptions applies.

Source: RCW 49.12.480; RCW 49.12.483; WAC 296-126-092

Eight Washington cities and one county (unincorporated King County) have enacted local minimum wage ordinances that exceed the state minimum wage of $17.13 per hour effective January 1, 2026. Employers must comply with the highest applicable minimum wage based on the location where the employee performs the work.

Jurisdictions with local ordinances for 2026. The Washington Department of Labor & Industries publishes a list of local jurisdictions with minimum wages higher than the state rate. As of January 1, 2026, the following jurisdictions have enacted local minimums:

• Bellingham: $19.13 per hour for all employers. Bellingham's ordinance sets the local minimum wage at exactly $2.00 above the state minimum wage, so the rate adjusts automatically each January 1 when the state minimum wage increases.

• Burien: $21.63 per hour for employers with 500 or more full-time employees, and $20.63 per hour for employers with 21 to 499 full-time employees. Employers with 20 or fewer full-time employees are not covered by the local ordinance.

• Everett: $20.77 per hour for employers with more than 500 employees in Washington. For employers with 15 to 499 employees (or annual gross income over $2 million in revenue in Everett), the rate is $18.77 per hour from January 1 to June 30, 2026, and increases to $19.77 per hour from July 1 to December 31, 2026. Employers with 14 or fewer employees are not affected by the local ordinance.

• King County (unincorporated areas): $20.82 per hour for employers with more than 500 employees; $19.82 per hour for employers with 16 to 499 employees, regardless of gross revenue, and for employers with 15 or fewer employees and annual gross revenue of $2 million or more; $18.32 per hour for employers with 15 or fewer employees and less than $2 million in gross revenue. The ordinance applies only in unincorporated areas of King County, not within incorporated city limits.

• Renton: $21.57 per hour for large employers (501 or more employees worldwide). For mid-sized employers (15–499 employees worldwide or over $2 million of annual gross revenue in Renton), the rate is $20.57 per hour from January 1 through June 30, 2026, then increases to $21.57 per hour on July 1, 2026. Employers with fewer than 15 employees are not subject to the local ordinance.

• SeaTac: $20.74 per hour for hospitality and transportation workers, effective January 1, 2026. SeaTac Municipal Code Chapter 7.45 applies only to employees in the hospitality and transportation industries within SeaTac city limits, including workers at Seattle-Tacoma International Airport. The Washington State Supreme Court ruled on August 20, 2015, in Filo Foods, LLC v. City of SeaTac, that the SeaTac ordinance can be enforced at the airport.

• Seattle: $21.30 per hour for all employers, regardless of size. Seattle Municipal Code 14.19 sets the minimum wage for employees working within Seattle city limits. The rate adjusts annually based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Seattle-Tacoma-Bellevue area. Effective January 1, 2025, the distinction between large and small employers was eliminated; employers may no longer count tips or medical benefit contributions toward the minimum wage.

• Tukwila: The ordinance applies to employers with 15 or more employees worldwide, or over $2 million in annual gross revenue generated within Tukwila, or franchisees associated with a franchisor employing 500 or more employees in the aggregate. (L&I lists Tukwila as having a local minimum wage ordinance exceeding the state rate; the city announces rates annually based on CPI adjustments.)

Most local ordinances index annually to the Consumer Price Index, typically for the Seattle-Tacoma-Bellevue area. Cities and counties announce adjusted rates by September or October each year for the following January 1.

Work-location rule for employees in multiple jurisdictions. When an employee works in multiple jurisdictions during a single workweek, the employer must pay the minimum wage rate applicable to each location based on the hours actually worked in that jurisdiction. The applicable minimum wage is determined by where the employee physically performs work, not where the employer's headquarters or main office is located. For example, a delivery driver who works 20 hours in Seattle and 20 hours in unincorporated King County is entitled to the Seattle rate ($21.30) for the Seattle hours and the King County unincorporated rate (which varies by employer size) for the hours worked in unincorporated areas.

Employers operating in multiple jurisdictions must track hours by work location to ensure compliance. Each city and county defines "employer size" differently—by headcount (worldwide, statewide, or within the jurisdiction), revenue, franchise affiliation, or a combination—so an employer may be classified as "large" under one ordinance and "mid-sized" or "small" under another. Employers must evaluate their classification under each applicable local ordinance separately.

Enforcement and posting. The Washington State Department of Labor & Industries enforces the state minimum wage under RCW 49.46. Local jurisdictions typically enforce their own ordinances through city labor standards offices (for example, Seattle's Office of Labor Standards) or in coordination with L&I. Employers operating in cities or counties with local minimum wage ordinances must display the applicable local labor standards poster in addition to the state minimum wage poster in conspicuous and accessible locations where employees work.

Source: L&I Local Minimum Wage Rates; RCW 49.46 — Minimum Wage Requirements and Labor Standards; Seattle Office of Labor Standards — Minimum Wage Ordinance; SeaTac Employment Standards Ordinance

Washington requires a minimum salary threshold significantly higher than the federal FLSA standard for employees to qualify as exempt from overtime under the executive, administrative, and professional (EAP) exemptions. To be exempt, an employee must meet BOTH a duties test (primarily performing executive, administrative, or professional work as defined in WAC 296-128-510, -520, and -530) AND a minimum salary threshold set by WAC 296-128-545. Failing either test means the employee is entitled to overtime pay at 1.5 times the regular rate for all hours worked over 40 in a workweek under RCW 49.46.130.

2026 salary threshold — $1,541.70 per week, unified for all employer sizes. For calendar year 2026 (January 1 through December 31, 2026), WAC 296-128-545(7) sets the minimum salary threshold at 2.25 times the state minimum wage for a forty-hour workweek regardless of the size of the employer. With Washington's 2026 minimum wage of $17.13 per hour (announced by the Department of Labor & Industries on September 30, 2025, effective January 1, 2026, under the annual CPI-W adjustment in RCW 49.46.020(4)), the threshold is $1,541.70 per week or $80,168.40 per year (2.25 × $17.13 × 40 hours). An employee earning even one dollar below this weekly amount is entitled to overtime for all hours over 40 per week, regardless of job title or duties.

Phase-in schedule and ongoing increases through 2028. Washington phased in the higher salary threshold beginning July 1, 2020, with different timelines for small employers (1–50 employees) and large employers (51 or more employees). Both size categories converged at the 2.25× multiplier on January 1, 2026. The threshold will continue to increase on the following schedule under WAC 296-128-545(8)–(9):

• January 1, 2027, through December 31, 2027: Small employers (50 or fewer employees) remain at 2.25× the state minimum wage; large employers (51+ employees) increase to 2.5× the state minimum wage.
• January 1, 2028, and thereafter: All employers, regardless of size, must meet 2.5× the state minimum wage.

Because Washington's minimum wage adjusts annually based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) under RCW 49.46.020(4), the dollar amount of the salary threshold recalculates automatically every January 1. The Department of Labor & Industries calculates the adjustment by September 30 each year based on the CPI-W change for the twelve months prior to each September 1, with the adjusted minimum wage (and corresponding salary threshold) taking effect the following January 1.

Salary basis requirement. WAC 296-128-545 requires that the employee be paid on a "salary or fee basis, exclusive of board, lodging, or other facilities." Salary basis means a predetermined fixed amount each pay period that does not vary based on the quality or quantity of work performed. Employers may make deductions from salary only in narrow circumstances enumerated in the federal regulations incorporated by reference in Washington's rules: full-day absences for personal reasons, full-day sickness or disability absences if the employer has a bona fide sick leave plan, to offset amounts received as jury or witness fees or military pay, for unpaid disciplinary suspensions of one or more full days for workplace conduct rule violations, during the initial or final week of employment if the employee does not work the full week, or for unpaid leave under the Family and Medical Leave Act. An employer that makes impermissible deductions from salary loses the exemption for the affected employee(s) during the time period in which the improper deductions were made.

Relation to federal standard — state threshold controls. The federal Fair Labor Standards Act sets a salary threshold of $684 per week ($35,568 annually) for EAP exemptions under 29 C.F.R. § 541.600(a). Washington's 2026 threshold of $80,168.40 annually is more than double the federal floor. When state and federal standards conflict, employers must comply with the standard more favorable to the employee. An employee may therefore be classified as exempt under federal law yet still be entitled to overtime under Washington law. Employers operating in Washington must meet the higher state threshold.

Computer professionals — alternative hourly rate. Exempt computer professionals (employees whose primary duty consists of systems analysis, design, development, documentation, testing, or modification of computer systems or programs, as defined in WAC 296-128-535(1)(a)) may be paid either on a salary or fee basis meeting the standard EAP threshold in WAC 296-128-545 OR on an hourly basis. For hourly-paid computer professionals, WAC 296-128-535(1)(c)(iii) requires a rate of 3.5 times the state minimum wage regardless of employer size, beginning January 1, 2021, and thereafter. For 2026, the computer professional hourly threshold is $59.96 per hour (3.5 × $17.13). This hourly alternative does not apply to employees who merely use computers as a tool in unrelated work (such as engineers running CAD software) or who repair or maintain computer hardware; WAC 296-128-535(2) expressly excludes those roles from the computer professional exemption.

Outside salespersons — no salary threshold, but guaranteed pay required. Employees who qualify as exempt outside salespersons under WAC 296-128-540 are not subject to the salary threshold set forth in WAC 296-128-545. However, WAC 296-128-540(3) requires that the employee be "compensated by the employer on a guaranteed salary, commission or fee basis" and be advised in writing of their status as an outside salesperson. The employee's primary duty must be making sales or obtaining orders or contracts for services or for the use of facilities, and the employee must be customarily and regularly engaged away from the employer's place or places of business in performing such primary duty.

Exceptions to the threshold — equity owners, teachers, licensed professionals. Certain EAP employees are exempt from the salary threshold requirement in WAC 296-128-545 entirely, though they must still meet the applicable duties test:

• Executive employees with 20% equity interest: WAC 296-128-510(2) provides that an employee who owns at least a bona fide 20 percent equity interest in the enterprise and is actively engaged in its management qualifies for the executive exemption without meeting the salary threshold in WAC 296-128-545.
• Teachers: WAC 296-128-530(2) exempts employees whose primary duty is teaching, tutoring, instructing, or lecturing in an educational establishment from the salary threshold in WAC 296-128-545, provided they are paid on a salary or fee basis (no minimum amount specified).
• Licensed lawyers and physicians: WAC 296-128-530(3) exempts employees holding a valid license or certificate permitting the practice of law or medicine or any of their branches, and actually engaged in the practice thereof, from the salary threshold in WAC 296-128-545.

Enforcement and employee remedies. The Washington Department of Labor & Industries enforces the state Minimum Wage Act, including the overtime and exemption rules, under RCW 49.46. Employers must maintain records showing the basis on which wages are paid (WAC 296-128-010). Employees may file a wage complaint with L&I within three years from the date wages were due; the statute of limitations for filing a Washington state wage claim is three years under RCW 49.48.082. Misclassification of a nonexempt employee as exempt can result in liability for unpaid overtime wages, interest, and civil penalties. L&I may assess civil penalties for violations of the Minimum Wage Act; investigations for willful violations may cover a three-year period, while non-willful violations are investigated over a two-year period.

Source: WAC 296-128-545 — Salary thresholds; RCW 49.46.020 — Minimum wage; RCW 49.46.130 — Overtime; WAC 296-128-510 — Executive exemption; WAC 296-128-520 — Administrative exemption; WAC 296-128-530 — Professional exemption; WAC 296-128-535 — Computer professional exemption; WAC 296-128-540 — Outside salespersons exemption; L&I Changes to Overtime Rules