If you are a Washington employer, understanding the overtime laws in Washington State is critical to your risk-mitigation strategy. These laws help to govern overtime pay for employees, outlining what they are entitled to and how overtime should be calculated.

Whether you are a new business owner or a veteran, it’s a good idea to get the help of an employment attorney in Seattle if you aren’t familiar with the Washington overtime laws. At Rocke Law Group, PLLC, our employment lawyers in Washington are here to help employers understand and maintain wage and hour compliance.

So, keep reading to find out what the overtime rules are in Washington and the most common mistakes employers make.

Overview of Washington Overtime Laws

Something employers need to understand is that there are two types of overtime laws they need to maintain compliance with: Washington law and federal law under the Fair Labor Standards Act (FLSA). Federal law requires employees to receive overtime pay for any hours worked over 40 hours in a workweek. The overtime pay cannot be less than time and 1/2 of their standard pay.

 Washington generally follows the same 40-hour overtime rule as federal law. However, Washington has a significantly higher salary threshold for many overtime exemptions than federal law, making more employees eligible for overtime protection.

Also, keep in mind that the overtime rules can vary depending on the specific profession.

Who Is Entitled to Overtime in Washington?

Most nonexempt employees are entitled to overtime pay for hours worked over 40 in a workweek. For many white-collar exemptions, employers must satisfy salary basis, salary threshold, and duties-test requirements.

If you still aren’t sure who gets overtime pay in your company, you should consult with an employment lawyer in Washington. They can help you better understand the Washington overtime laws and can help you maintain HR compliance as your company grows.

Understanding Overtime Exemptions in Washington

As an employer, you also need to understand the exemptions for overtime pay for employees in Washington. According to the Washington State Department of Labor & Industries, the overtime salary threshold is going to be adjusted annually until it reaches 2.5 times the state minimum wage in 2028.

Employer size will determine the overtime exemption salary thresholds, with small employers being considered those with 1 to 50 employees and large employers with over 51 employees. A bit more flexibility is given to smaller employers so that they are able to catch up to the overtime salary threshold for 2028.

. To decide nonexempt or exempt status, employers may run a duties test to determine whether the worker holds a role that meets the criteria of the executive, administrative, professional, or other exemptions. The salary threshold for exempt workers in 2026 is $80,168.40 and must be met to reducethe risk of a Washington wage and hour claim. Keep in mind, meeting the salary threshold alone does not establish exempt status. Employers must also satisfy the applicable duties tests and other exemption requirements. 

How to Calculate Overtime Pay Correctly

To make sure you are accurately calculating overtime pay, you need to follow the salary threshold implementation schedule. This provides the salary thresholds for both small and large employers on a year-by-year basis. 

Keep in mind that the salary threshold implementation schedule won’t apply to computer professionals who are paid hourly and have higher minimum wage multipliers.

Overtime Recordkeeping Requirements for Employers

To better protect the rights of workers and ensure they are being fairly compensated, Washington has some recordkeeping requirements for employers. One of these requirements is that employers must track all information regarding how their employees are being compensated, such as hours worked and pay rates.

Employers must hold onto employee payroll records for at least three years, either electronically or on paper. And they must supply these records if employees request to see them.

Penalties for Overtime Violations in Washington

Maintaining compliance with the overtime rules in Washington not only protects employees but also protects your business. Failure to follow these laws can result in significant penalties, such as backpay of unpaid wages, interest, statutory damages, civil penalties, L&I enforcement, attorneys’ fees, double damages, and personal liability. You may also be required to provide back pay for all unpaid overtime, and the employee has the right to file a lawsuit against you.

A successful lawsuit could result in you being held personally liable for exemplary damages, including twice the amount of unpaid wages and attorneys’ fees.

How Employers Can Stay Compliant

Maintaining overtime compliance can feel overwhelming, especially when it comes to the employee classification rules, but it doesn’t have to be. By having the right strategy in place, you can easily avoid running into overtime issues.

Here are some tips to help you maintain wage and hour compliance:

• Conduct internal wage and hour audits regularly.
• Thoroughly educate managers and HR teams regarding Washington overtime rules.
• Review the job classifications for overtime pay regularly.
• Work with an experienced employment attorney to stay on top of law updates so that you can update your internal policies.
• Maintain transparent recordkeeping with the help of a financial professional.
• Subscribe to our free newsletter to be notified of employment law changes.

Get in Touch With an Employment Lawyer in Washington

Whether you have two or 200 employees, it’s crucial that you understand the overtime laws in Washington. Failure to stay compliant with these laws can result in serious repercussions, which can easily be avoided by taking the right legal steps ahead of time.

At Rocke Law Group, PLLC, we are here to help our Washington clients navigate the state and federal rules and regulations for employers. Contact us today at 206-652-8670 or by filling out our online form.

FAQs

Do salaried employees qualify for overtime in Washington?

In some cases, yes. This is because salary alone is not the determining factor when it comes to who qualifies for overtime in Washington.

Can employers require overtime work?

Yes. Washington employers have the legal right to mandate overtime work, with some exceptions for healthcare employees. However, when they do this, they are required to pay the standard overtime rate.

What happens if overtime is calculated incorrectly?

You could face legal repercussions, such as being required to pay back pay or penalties, or you could be sued by the employee.

How far back can overtime claims go?

Limitation periods vary depending on the claim. The range starts at three years and can vary from there. Employers should consult counsel regarding both Washington and federal wage-and-hour statutes.