Overtime Pay Rules in Washington: Who Qualifies & What You Earn

The Fair Labor Standards Act (FLSA), codified at 29 U.S.C. § 207, requires overtime pay at one-and-a-half times the regular rate for all hours over 40 per week. The federal law applies to employers with at least two employees engaged in interstate commerce, covering most private employers nationwide. The FLSA provides specific exemptions for executive, administrative, and professional employees who earn at least $684 per week (as of 2024) and perform duties meeting statutory tests.

Federal overtime remedies include unpaid wages due, plus an equal amount as liquidated damages if the employer violated the law willfully. The U.S. Department of Labor enforces the FLSA through the Wage and Hour Division, which investigates complaints, conducts wage audits, and can recover unpaid wages on behalf of employees. Employees may also sue privately for unpaid overtime under the FLSA, and attorneys' fees are recoverable in successful actions.

The federal overtime threshold of 40 hours per week applies nationally, with no state allowed to reduce this floor. However, states may impose stricter overtime rules that afford greater protection than federal law.

Washington's overtime law, codified in Revised Code § 49.46.130, requires payment of not less than one and one-half times the regular rate of pay for all hours worked over 40 hours per week. Washington's standard is significantly stronger than the federal FLSA in several ways: it applies to employers of all sizes with no employee count threshold, whereas the FLSA excludes very small employers.

Washington calculates overtime on a weekly basis only; no daily overtime (such as California's eighth-hour rule) applies. The regular rate for overtime purposes includes all compensation the employee earned during the week—wages, commissions, bonuses, and most allowances—except statutory exclusions. Washington Revised Code § 49.46.020 defines regular rate broadly, and employers cannot reduce the regular rate by offering compensatory time instead of overtime pay.

Exemptions from Washington's overtime requirement are narrower than federal exemptions. Washington Administrative Code § 296-128-510 exempts administrative and professional employees only if they meet strict salary and duty tests; the state does not recognize an executive exemption separate from state wage-and-hour rules. Independent contractors and certain piece-rate employees may have modified overtime calculations, but the protections remain robust.

Washington's Department of Labor & Industries administers wage and hour enforcement, not the EEOC. Employees can file a wage claim at no cost, and the agency investigates all claims. If a violation is found, the employer must pay back wages, plus a 10% civil penalty, plus interest at 12% annually. Employees may also sue directly in court for unpaid wages, costs, and attorneys' fees. Washington's three-year statute of limitations for wage claims exceeds the federal two-year standard for non-willful violations and matches the three-year standard for willful FLSA violations.

Washington's overtime exemptions are narrowly tailored and difficult to satisfy. The administrative exemption applies only to employees whose primary duties involve office or non-manual work related to management or business operations, who exercise discretion and independent judgment, and who earn a salary of at least $1,039.99 per week (as of 2024, adjusted annually). The professional exemption covers employees whose primary duties require knowledge in a learned profession (law, medicine, engineering, accounting, teaching) earned through extended training, and who earn at least $1,039.99 per week.

Washington does not recognize a broad executive exemption; managers and supervisors must meet the administrative test or receive overtime. Outside salespeople are exempt if they work away from the employer's principal place of business and earn above minimum wage thresholds. Agricultural employees, domestic workers, and certain commissioned retail employees have modified overtime rules but are not fully exempt from overtime protection.

Employees paid on a piece-rate, commission, or incentive basis still receive overtime protection; the calculation includes all earnings in determining the regular rate. Salaried employees receive overtime unless they fit a specific exemption category—salaried status alone does not exempt an employee. Compensatory time off in lieu of overtime pay is prohibited in Washington; employers must pay cash overtime. The state does not recognize any industry-wide or agreement-based carve-out from overtime except where federal law (such as certain railroad employees) preempts state law. Union contracts cannot waive overtime rights below the statutory minimum.

Step 1: Document Your Work and Pay. Keep detailed records of every hour worked: start time, end time, break periods, and total hours per day and week. Take screenshots or photos of timeclock records, email timestamps showing work outside office hours, or written notes on a calendar. If your employer uses a timekeeping system, request and save regular printouts showing hours and pay. Document your hourly rate and any changes to compensation. Save all pay stubs and note any deductions or modifications to your expected pay.

Step 2: Address the Issue Internally. Contact your manager, HR department, or payroll in writing (email preferred for a record) requesting clarification on overtime pay owed. State specific dates, hours worked over 40 per week, and the overtime rate you believe you are entitled to receive. Keep a copy of this communication. Some violations are clerical errors that employers correct quickly. If no response occurs within 10 business days, or if the employer denies owing overtime, proceed to file a wage claim.

Step 3: File a Wage Claim with Washington Department of Labor & Industries. Visit the state Department of Labor & Industries website at www.lni.wa.gov and navigate to "Wages, Hours & Working Conditions." Download and complete the wage claim form (form F207-020). Include your name, address, employer information, dates worked, hours worked per week, regular hourly rate, and the total overtime hours and compensation owed. Attach copies of timekeeping records, pay stubs, and any written communications about the dispute. You may file by mail to the Department of Labor & Industries, P.O. Box 44001, Olympia, WA 98504-4001, or online through the secure portal. There is no filing fee. You have three years from the date unpaid overtime was due to file a claim.

Step 4: Expect the Investigation. Once filed, the Department of Labor & Industries will send a notice to your employer requesting a response. The agency will contact you to clarify details and may request additional records. The investigation typically takes 30 to 60 days, though complex cases may take longer. During this time, you do not need to appear in person unless the investigator specifically requests an interview. The department will review timekeeping records, pay records, and any job duty information to determine if an exemption applies. You will receive a written determination explaining whether unpaid wages are owed.

Step 5: Know When to Consult an Attorney. If the department finds unpaid overtime owed, the employer must pay within a set deadline. If the employer appeals or fails to pay, consult a wage-and-hour attorney immediately. Many employment attorneys work on contingency (no upfront cost) and recover attorneys' fees from the employer if you win. An attorney can pursue additional remedies such as the 10% civil penalty and interest, and can file a private lawsuit if the department's process is slow or unsuccessful. Contact a local employment law firm or the Washington State Bar Association's lawyer referral service at www.wsba.org for a referral. You do not need an attorney to file the initial wage claim.