Washington Minimum Wage and Overtime Laws
At Schuck Law, we represent employees across Washington who have been underpaid, denied proper overtime, or otherwise treated unfairly in the workplace. If you believe your employer isn’t compensating you properly, our experienced legal team can help you recover the wages you’ve earned. Our employment law and wage recovery attorneys are experienced and ready to fight for the compensation you deserve.
Washington Minimum Wage Law: Know Your Rights
Washington law requires most employers to pay at least the minimum hourly wage set by the state or some counties or cities, like Seattle. Washington does not allow a tip credit, meaning employers may not use tips paid to an employee as part of an employee’s hourly minimum wage.
Washington’s Different Minimum Wage Rates
Certain cities in Washington, including Seattle and SeaTac (for employers in hospitality and transportation industries), have enacted local minimum wage ordinances that provide for even higher wages than the state level. Some other cities have enacted higher minimum wage rates for larger employers. If you are unsure whether you are being paid the correct minimum wage, we can evaluate whether you’ve been underpaid.
Who Qualifies for Minimum Wage?
Washington’s minimum wage laws generally apply broadly to employees aged 16 and older, including most hourly workers, part-time and full-time employees, seasonal and temporary workers, and tipped employees. They also apply to most agricultural workers. However, there are exceptions, which is why it is important to have your specific facts evaluated by an experienced Washington minimum wage lawyer.
Independent Contractors
Independent contractors may not be covered—however, many workers are misclassified and are actually entitled to minimum wage and overtime protections under the law. If you’ve been classified as an independent contractor, we can evaluate whether you’ve been misclassified and are owed additional compensation.
Future Minimum Wage Rates
Beginning mid-September each year, Washington’s State Department of Labor and Industries (L&I) makes a cost-of-living adjustment to the minimum wage. The new minimum wages is announced on September 30 each year, and the new minimum wage rate takes effect January 1 of the following year.
Washington Overtime Law: Time-and-a-Half After 40 Hours in a Workweek
Under Washington law, non-exempt employees must receive overtime pay at 1.5 times their regular rate for every hour worked over 40 in a workweek. Overtime wages are required regardless of whether the employee is paid hourly or in some other manner, such as commission, piecework, and salary. Overtime wages are also due regardless of whether an employee is paid daily, weekly, bi-weekly, semi-monthly, monthly, or on some other basis.
Washington Rules for Exemptions from Overtime
Washington also sets strict rules for which workers are exempt from overtime. Common exemptions include certain executives, administrators, and professionals, but these exemptions only apply when both job duties and salary thresholds are met.
Washington sets a higher salary threshold for determining exempt employees than under the FLSA. Many employers misclassify employees to avoid paying overtime. If you’re salaried but working more than 40 hours a week without extra pay, you may still be entitled to overtime compensation. We can evaluate whether you’ve been misclassified and are due overtime compensation.
Regular Hourly Rate
The employee’s regular rate is calculated by :
- Adding the employee’s total weekly compensation (not including overtime premiums), and
- Dividing by the total number of hours worked during the week.
Employers must include the following compensation in an employee’s regular rate:
- Hourly rates
- Salary rates
- Piece rates and flat rates
- Commissions
- Non-discretionary bonuses
Many employers fail to include all compensation when determining employees’ regular rates resulting in unpaid overtime wages. We have experience in calculating overtime and can evaluate whether you’ve been paid the correct amount of overtime wages.
Agricultural Workers
As of January 1, 2024, all agricultural employees must be paid overtime when they work more than 40 hours in a workweek.
Common Minimum Wage and Overtime Violations
We frequently see employers violating wage laws in ways that shortchange workers. Common violations include:
- Failing to pay overtime for hours worked beyond 40 per week
- Misclassifying employees as independent contractors or exempt
- Paying below the required minimum wage
- Failing to include all compensation in the regular rate when calculating overtime
- Requiring work “off the clock” or outside scheduled hours
- Deducting pay for rest or meal breaks the employee did not actually take
If any of these sound familiar, call Schuck Law to evaluate whether you have a wage claim.
Legal Protections and What You Can Recover
Employees in Washington have the right to pursue unpaid minimum wages and overtime for up to three years. You may be entitled to:
- Unpaid minimum wages
- Unpaid overtime
- Double damages in cases of willful violations
- Attorneys’ fees and costs
It is illegal for an employer to retaliate against you for asserting your wage and hour rights, filing a claim, or consulting with an attorney. If you’ve been demoted, fired, or otherwise punished for speaking up, we can help protect your rights and pursue additional damages.
Why Choose Schuck Law
Our law firm is dedicated to enforcing Washington’s wage and hour laws. We understand the complexities of state and local regulations and know how to hold employers accountable. We serve clients across Washington, offer free consultations, and work on a contingency basis, which means the employer pays the attorney fees and costs if we win your case.
Frequently Asked Questions About Washington Minimum Wage & Overtime
How do I know if I'm being paid the correct minimum wage?
The required minimum wage may depend on your job location and employer size. State law sets a base rate, but some cities require higher pay. If you’re unsure, we can help you determine whether you’re receiving the correct amount.
Is there a limit on the number of hours my employer can make me work?
No, with the exception of certain healthcare facility employees. Employers in most industries can require mandatory overtime but they must pay you at the overtime rate unless you are exempt from the Minimum Wage Act or from the overtime requirements. Consult with an experienced Washington employment lawyer who can evaluate whether you are exempt from overtime.
Can I waive my right to receive overtime pay?
No. The overtime requirements may not be waived by agreement between you and your employer. That is true even if there is a collective bargaining agreement or written employment agreement.
If my employer has a policy requiring pre-approval for overtime work, can they legally refuse to pay me overtime wages for hours I worked without getting prior authorization?
No. If the employer knew or should have known you worked overtime, it must pay you for the overtime worked. A policy against such work is not enough if the employer knew or should have known you actually worked overtime.
How long do I have to file a claim?
You generally have three years from the date of the violation to file a minimum wage or overtime claim in Washington.
Washington Minimum Wage & Overtime Lawyers – Free Consultation
If you’ve been underpaid or denied overtime pay in Washington, don’t wait to protect your rights. Washington’s minimum wage and overtime laws provide strong protections for employees, including the right to recover unpaid wages, overtime pay, and penalties for wage violations. Let our experienced Washington wage and hour attorneys help you recover the full compensation you’re owed.
Call 360-566-9243 to speak with a knowledgeable minimum wage and overtime attorney in Washington at Schuck Law and set up your free phone consultation.