Under Washington overtime laws you earn after 40 hours in a workweek at 1.5 times the regular rate, and no daily overtime in Washington — only the weekly total counts. The minimum wage is $17.13. This guide gives the exact washington overtime laws rule with the date we verified it, the statute, and what to do next.
Rules verified against Washington Department of Labor and Industries, Employment Standards on 2026-10-08; confirm the current rule with Washington Department of Labor and Industries, Employment Standards or an attorney before you rely on it.
Washington Overtime Laws at a Glance
| Minimum wage | $17.13 |
| Weekly overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in Washington — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
In This Washington Overtime Laws Guide:
Washington Overtime Laws: The Rules
After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in Washington — only the weekly total counts. The overtime rate is one and a half times your regular rate of pay — the regular rate includes non-discretionary bonuses and shift differentials, not just the base wage. An employee may request compensatory time off instead of premium pay.
How to Calculate Overtime Under Washington Overtime Laws
Take your total pay for the week, divide by the hours you worked to get the regular rate, and multiply the overtime hours by 1.5 times that rate. A worker paid $17.13 an hour who works 48 hours in a 40-hour state is owed 8 hours at time and a half.
Salary does not mean exempt: a salaried worker below the exemption tests still gets overtime on the hours over the threshold.
Washington Overtime Laws at a Glance
Rules verified against Washington Department of Labor and Industries, Employment Standards on 2026-10-08; confirm the current rule with Washington Department of Labor and Industries, Employment Standards or an attorney before you rely on it. The statute row is where to check it yourself.
| Minimum wage | $17.13 |
| Weekly overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in Washington — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
Who Is Exempt From Washington Overtime Laws
Washington’s Minimum Wage Act (RCW 49.46.130 and WAC 296-128) generally exempts bona fide executive, administrative and professional employees, outside salespeople, and certain computer professionals from overtime. To be exempt, the job duties must meet the state test and the worker must also be paid a salary at or above Washington’s minimum salary threshold.
That threshold is set as a multiple of the state minimum wage, goes up each January, and is higher than the federal one. A job title alone does not make a worker exempt.
Daily Overtime and Washington Overtime Laws
Washington has no daily overtime rule: a 12-hour day in a 36-hour week earns no premium, because only the weekly total counts. Washington’s overtime statute has a narrow exception for a worker who personally asks for comp time instead of overtime pay.
However, federal law generally does not allow private employers covered by the FLSA to give comp time in place of overtime pay, so most private-sector workers should expect overtime in cash. Confirm with L&I if an employer offers comp time.
Is Overtime Taxed Differently Under Washington Overtime Laws?
No — overtime is ordinary wages and is taxed at the same income-tax rates as the rest of your pay; it can push more of your pay into a higher withholding bracket on one check, but the annual tax rate does not change. Washington does not allow a tip credit, so tips cannot count toward the state minimum wage (RCW 49.46.020).
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Tips belong to the worker and are not counted in the regular rate, so overtime is generally 1.5 times the worker’s full hourly wage, not counting tips.
How to Claim Unpaid Overtime Under Washington Overtime Laws
A Washington worker can file a Worker Rights complaint for unpaid overtime with the Department of Labor & Industries (L&I), online or on L&I’s paper complaint form. L&I investigates for free and can order back wages, but only for the look-back period set in state law (see the deadline figures on this page). Workers covered by federal law can instead file with the U.S.
Department of Labor’s Wage and Hour Division, which uses its own shorter federal look-back period, so confirm the timing with the agency before choosing.
Other Washington Overtime Laws Rules to Know
Washington has no daily overtime: overtime is owed only for hours over 40 in a workweek, no matter how long one day is. Agricultural workers are now covered by the same weekly overtime rule after a state phase-in, unlike under federal law. The exempt salary threshold rises every January, so a salaried worker exempt last year may now be owed overtime. Confirm details with L&I.
Think you are owed overtime? The wage-claim agency takes the complaint for free.
Contact Washington Department of Labor and Industries, Employment Standards
Washington — the bottom line
- Washington overtime laws start the premium after 40 hours in a workweek at 1.5 times the regular rate — count the week, not the day.
- Under washington overtime laws the rate is 1.5 times the regular rate, and the regular rate includes your bonuses and differentials.
- Washington overtime laws are enforced by a free wage claim — you do not need a lawyer to recover unpaid overtime.
Frequently Asked Questions
When do I get overtime under Washington overtime laws?
After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in Washington — only the weekly total counts.
What is the overtime rate in Washington?
One and a half times your regular rate of pay, which includes non-discretionary bonuses and shift pay.
Does Washington have daily overtime?
No daily overtime in washington — only the weekly total counts.
Can my employer give comp time instead of overtime pay in Washington?
Washington’s overtime statute has a narrow exception for a worker who personally asks for comp time instead of overtime pay.
How do I claim unpaid overtime in Washington?
A Washington worker can file a Worker Rights complaint for unpaid overtime with the Department of Labor & Industries (L&I), online or on L&I’s paper complaint form.
Official Washington Sources & Resources
- Washington Department of Labor and Industries, Employment Standards: https://lni.wa.gov/workers-rights/wages/getting-paid/
- Washington statute (An employee may request compensatory time off instead of premium pay.): https://app.leg.wa.gov/RCW/default.aspx?cite=49.46.130
- Verified source: https://www.dol.gov/agencies/whd/minimum-wage/state
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This washington overtime laws guide was last verified against official Washington sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More Washington Workplace Rights Guides
- Washington Break Laws: Meal and Rest Breaks
- Washington Final Paycheck Law: Deadlines and Penalties
- Washington Labor Laws: Every Rule in One Place
- Washington Unemployment Benefits: How Much and How Long
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.