Washington Overtime Law: Daily Overtime, the 40-Hour Rule, and Exemptions

In Washington, overtime is owed when you work more than 40 hours in a single workweek, and it must be paid at 1.5 times your regular rate of pay for every hour over 40. Unlike a handful of states such as California and Alaska, Washington does not require daily overtime. Working 10, 12, or even 14 hours in one day does not, by itself, trigger overtime under Washington law. What matters is your total hours in the seven-day workweek. This rule comes from the Washington Minimum Wage Act (RCW 49.46.130) and is enforced by the Washington State Department of Labor & Industries (L&I).

The 40-Hour Weekly Rule, Not a Daily Rule

Washington's overtime standard tracks the federal Fair Labor Standards Act (FLSA) baseline on this point: overtime is measured by the workweek, not the workday. A workweek is a fixed, recurring period of 168 hours (seven consecutive 24-hour days). Your employer can choose when the workweek starts, but it must stay consistent. Once your hours in that defined week pass 40, every additional hour earns time-and-a-half.

Because there is no daily rule, an employer can lawfully schedule four 10-hour days (a "4/10" schedule) for a 40-hour week without paying any overtime, as long as the total does not exceed 40. By contrast, in a true daily-overtime state, hours over 8 in a day would be paid at 1.5x. Washington workers should keep this distinction in mind: a long single shift is not automatically overtime here.

Two points often surprise workers. First, paid time off, holidays, and sick leave generally do not count as "hours worked" for the 40-hour overtime calculation unless your employer's policy or a contract says otherwise. So if you take a paid holiday Monday and then work 36 hours, you usually have not hit 40 worked hours. Second, employers cannot average two workweeks together to avoid overtime; each week stands on its own.

What Counts Toward the Regular Rate

The 1.5x rate is calculated on your "regular rate of pay," which is more than just your base hourly wage. It generally includes nondiscretionary bonuses, shift differentials, and commissions, spread across the hours worked. If your pay includes those extras, your true overtime rate may be higher than 1.5 times your stated hourly wage. Employers who calculate overtime only on base pay and ignore bonuses or commissions frequently underpay workers.

Who Is Exempt From Overtime in Washington

Not every worker qualifies for overtime. Washington recognizes "white-collar" exemptions for bona fide executive, administrative, and professional (EAP) employees, as well as outside salespeople and certain computer professionals. To be exempt, an employee generally must meet two tests:

• Duties test: The job must actually involve exempt duties (for example, managing a department and directing other workers, performing high-level office work tied to business operations, or applying advanced knowledge in a learned profession). A job title alone is never enough.
• Salary test: The employee must be paid a fixed salary at or above a state threshold that is tied to a multiple of Washington's minimum wage.

This is a critical area where Washington is more protective than federal law. The federal FLSA salary threshold for the EAP exemptions is $684 per week ($35,568 per year). Washington phased in a substantially higher threshold, set as a multiplier of the state minimum wage (in the range of roughly two times minimum wage for a 40-hour week, increasing on a published schedule). Because this figure rises each year with the minimum wage and the scheduled multiplier, you should confirm the exact current salary threshold directly with L&I rather than relying on a remembered number. If you earn a salary but fall below Washington's threshold, you are entitled to overtime no matter your job duties.

Other workers fall outside overtime through specific statutory carve-outs (for example, certain agricultural workers, some transportation employees covered by federal rules, and a few seasonal categories). Misclassification is common: many salaried "managers" who spend most of their time doing the same work as hourly staff are actually owed overtime.

Minimum Wage Context

Washington has one of the highest state minimum wages in the country, and it is adjusted for inflation every January. As of 2026 the statewide minimum wage is in the neighborhood of the mid-$16 to $17 range per hour, well above the federal minimum of $7.25, which has not changed since 2009. Some cities, including Seattle, SeaTac, Tukwila, and Renton, set even higher local minimums. Because the rate changes annually and varies by city, verify the current minimum wage on the L&I website before relying on a specific number. The minimum wage matters for overtime because both the exemption salary threshold and certain hourly computer-professional thresholds are calculated as multiples of it.

How to Recover Unpaid Overtime in Washington

If you believe you were not paid the overtime you earned, Washington gives you several enforceable options:

• File a Workplace Rights Complaint with L&I. The Department of Labor & Industries investigates wage complaints at no cost to you, can order the employer to pay back wages, and can assess penalties. This is often the simplest route and does not require a lawyer.
• File a private lawsuit. Under the Minimum Wage Act you can sue to recover unpaid wages. Washington's wage-recovery statute (RCW 49.52.070) allows double (exemplary) damages plus attorney fees and costs when an employer willfully withholds wages. This double-damages provision is a powerful tool and is more generous than what some states offer.
• Keep your own records. Save pay stubs, schedules, time records, and any messages about hours. If your employer failed to keep accurate time records, the law often allows your reasonable estimate of hours to carry weight.

Timing matters. Wage claims in Washington are generally subject to a three-year statute of limitations, so do not wait. Filing promptly protects the maximum amount of back pay. It is also illegal for an employer to retaliate against you, fire you, or cut your hours because you asserted your right to overtime or filed a complaint; retaliation gives you a separate legal claim.

Where to Verify Washington's Rules

The authoritative source is the Washington State Department of Labor & Industries (L&I), which publishes the overtime rules, the current minimum wage, the exemption salary thresholds, and the forms to file a complaint. The underlying statutes are the Washington Minimum Wage Act (RCW Chapter 49.46) and the wage-payment provisions in RCW Chapter 49.52, with detailed rules in the Washington Administrative Code (WAC Chapter 296-128). Because the dollar figures update annually, always cross-check the current year's numbers with L&I before acting.

Official Washington Sources

This page is based on Washington employment law. Rules and figures change — verify the current details directly with the official Washington sources below. This is general legal information, not legal advice.

• Washington State Department of Labor & Industries (L&I) — official Washington agency.
• File a Worker Rights Complaint (Wage Complaint)
• Title 49 RCW: Labor Regulations

Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Washington state law.