Workers across Washington State generally work 40 hours per week or less, and many do not move into overtime for any number of reasons. However, there are many more who are working more than 40 hours and should be paid according to state law. The guidelines below offer a general outline of how overtime pay works in the Evergreen State.
A Note About Agricultural Laborers
In 2021, the state legislature passed ESSB 5172, which expanded minimum wage and overtime protections to agricultural laborers. Dairy workers were already entitled to overtime, and the phased rollout of the new statute was completed in January 2024, providing overtime pay for agricultural workers who have completed more than 40 hours in a given workweek.
General Overtime Rules in Washington State
General rules for overtime pay in Washington State are as follows:
- Employees who work more than 40 hours in a seven-day workweek are entitled to 1.5 times their regular pay starting with the 41st hour worked.
- Double-time pay rates are only applicable to certain public works projects, also know as the “prevailing wage” rule.
- Overtime cannot be waived.
Restrictions for employers are just as important as the rules for employees. There are businesses that may feel as though they are not required to pay overtime, but that is simply not the case. Employers in Washington State:
- Must pay overtime no matter how large or small their businesses are.
- Are allowed to mandate overtime hours. Exceptions are made for certain healthcare workers. Healthcare laborers have the option to take an eight-hour rest period after working 12 consecutive hours.
- Collective bargaining agreements between unions or employee groups and corporations are free to provide better overtime pay but cannot supersede state laws to lower overtime pay.
What is a Workday and a Workweek?
When you go to work, your employer is free to designate any seven consecutive days as a workweek. This is why some businesses work Sunday to Saturday while others work Monday to Sunday and so on. If the workweek is not defined, it defaults to Sunday through Saturday.
A workday indicates a single date on the calendar, and Washington state law does not require employers to pay more for more than eight hours which have been worked in a single day.
Who is Entitled to Overtime?
Employees are entitled to overtime when they are:
- Paid hourly,
- paid a piece rate,
- commissioned to a job,
- salaried employees who do not qualify as executive, administrative, or “white-collar” workers,
- all those working on “prevailing wage” projects or
- agricultural and dairy workers.
Who is Not Entitled to Overtime?
There are certain employees who are not entitled to overtime. These employees include:
- Anyone who does not meet the definition of “employee”, which can include those working in private homes, private contractors, etc.
- Other workers that have been laid out in state law, which can include truck drivers, seamen, etc.
How to Calculate Overtime
Finally, overtime pay must be calculated properly utilizing the following formula. First, determine the employee’s hourly rate and pay the employee that rate for the first 40 hours completed in a workweek. Starting with the 41st hour, multiply the hourly rate by 1.5 and pay the employee accordingly.
Make Sure You’re Paid Properly
Employees and laborers across Washington State deserve to be paid properly for their hard work and dedication. The guidelines above give you an idea of how your paychecks should be calculated. If you feel that you are not being paid in the correct manner, you should reach out to a licensed attorney and learn if you have any legal recourse available to you.
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