Who is exempt
Exempt staff must meet state executive, administrative or professional duties tests and the salary threshold. Other exemptions include seamen, some commissioned retail and vehicle dealer sales staff, and motor carrier drivers with equivalent overtime pay. Source: app.leg.wa.gov↗ (opens in a new tab)
Comp time instead of overtime
Only public employees may get comp time, at 1.5 hours per overtime hour, and only at the worker's request. Private employers cannot use comp time. Source: lni.wa.gov↗ (opens in a new tab)
Industry-specific rules
Farm workers get overtime after 40 hours a week since January 1, 2024. Public fire and police staff may use a 28-day work period. Source: app.leg.wa.gov↗ (opens in a new tab)
Penalties
Employers who willfully withhold wages can owe double the unpaid amount plus court costs and attorney fees. Source: app.leg.wa.gov↗ (opens in a new tab)
Recent changes
From January 1, 2026, the exempt salary threshold rose to $1,541.70 a week. From January 1, 2027, it rises to $1,773 a week for employers with 51+ workers and $1,595.70 for smaller employers. Source: lni.wa.gov↗ (opens in a new tab)
The law and where to check
The law: RCW 49.46.130 (opens in a new tab)
The agency: Washington State Department of Labor and Industries (L&I) (opens in a new tab)
What federal law says
The federal Fair Labor Standards Act (FLSA) requires 1.5 times the regular rate for hours over 40 in a workweek for non-exempt employees. Federal law has no daily overtime. The federal salary level for most exempt staff is $684 a week. Where state and federal rules differ, follow the rule that gives the employee more. Source: U.S. Department of Labor↗ (opens in a new tab) Source: U.S. DOL — salary levels↗ (opens in a new tab)
Free tool: work out overtime pay with our State Overtime Calculator.
Overtime checklist for Washington employers
A simple order of work, based on the rules above. It is not a legal checklist.
- Decide which employees are non-exempt, and check exempt staff meet the salary and duties tests.
- Set your workweek (a fixed, repeating 7-day period).
- Track all hours worked, including daily hours if your state has daily overtime.
- Pay overtime at 1.5 times the regular rate, including bonuses where required.
- Use our free State Overtime Calculator to check the numbers.
- Keep time and pay records.
More Washington employment law guides
- All Washington employment laws
- Washington final paycheck law
- Washington paid sick leave law
- Washington meal and rest break laws
- Washington pay frequency law
- Washington vacation and PTO payout law
- Washington new hire reporting
- Washington at-will exceptions
Overtime laws in other states
See every state on one page, or pick a state:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Sources
All official government sources, last checked October 19, 2026.
- https://lni.wa.gov/workers-rights/wages/overtime/
- https://www.lni.wa.gov/news-events/article/25-27
- https://app.leg.wa.gov/rcw/default.aspx?cite=49.46.130
- https://app.leg.wa.gov/rcw/default.aspx?cite=49.52.070
- https://lni.wa.gov/workers-rights/wages/overtime/changes-to-overtime-rules
- https://www.dol.gov/agencies/whd/overtime
- https://www.dol.gov/agencies/whd/overtime/whdfs17u
Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.
Last checked: . Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.