Washington Overtime laws & HR compliance analysis

Washington Overtime: What you need to know

Washington law requires that covered employers pay nonexempt employees overtime in the amount of 11/2 times the employee's regular pay rate for hours worked in excess of 40 in a workweek. Washington does not require that overtime be paid for hours worked in excess of 8 per day or on weekends or holidays (WA Stat. Sec. 49.46.130).
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Because the federal Fair Labor Standards Act (FLSA) applies to virtually all enterprises involved in interstate commerce, most Washington employers are covered by the federal law. Employers that are covered by both state and federal law must comply with the law that sets the higher standard of protection for employees.
Missed rest periods. If an employer fails to pay an employee for a missed rest break, that time is considered hours worked when computing overtime.
Under Washington state wage and hour laws, individuals employed in a bona fide administrative, executive, or professional capacity and who pass the salary level test are exempt from the overtime provisions of the law (WA Admin. Code Sec. 296-128-520; Sec. 296-128-510; and Sec. 296-128-530).
Many additional occupations and industries are exempted from the overtime provisions of the Washington law, including (WA Stat. Sec. 49.46.130):
• Casual laborers in and about a private home, unless work is in the course of employer's business
• Certain hand harvest laborers paid on a piece-rate basis
• Individuals engaged in an educational, charitable, religious, state or local governmental body or agency, or nonprofit organization where the employer-employee relationship does not exist or where the services are rendered gratuitously
• Certain highly skilled computer system analysts, computer programmers, ...

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