Most employees who work more than 40 hours in a seven-day workweek must be paid overtime. Overtime pay must be at least 1.5 times the employee’s regular hourly rate. Other overtime rates, like double time pay are not required under Washington state law.
Employees cannot waive their right to overtime pay.
- Employers must pay overtime to eligible workers regardless of the employer’s size.
- Employers can mandate overtime work.
- Collective bargaining agreements and employers can provide overtime pay more generous than Washington law requires.
Private employers are not allowed to enter into “comp time” agreements with employees where employees are eligible for additional paid time off in lieu of paying overtime.
Overtime Exempt Employees
In 2020 L&I updated Washington’s overtime rules that apply to “white collar” positions held by executive, administrative, and professional workers plus computer professionals and outside salespeople.
A worker must earn at least the minimum salary and their duties must meet a job duties test to be exempt from earning overtime. The minimum salaries are a multiplier of the minimum wage.
There is an eight-year implementation schedule that incrementally raises the multiplier until it reaches 2.5 times the minimum wage in 2028. The pace of the increase is based on the size of the employer.
The 2023 minimum salary for exempt employees working for small employers (1-50 employees) is 1.75 times the minimum wage. That means an employee exempt from overtime pay must earn at least $1,101.80 a week ($57,293.60 a year).
For large employers (51 or more employees), the threshold is 2 times the minimum wage. Those employees must earn at least $1,259.20 a week ($65,478.40 a year).
Additional Resources
Washington Hospitality Association
