“You are salaried, so you do not get overtime pay” is a common refrain from employers of all sizes across the country. The statement, although widely used, is also entirely wrong.
The truth is that many working people who are paid on a salary basis must be paid at higher rates – 1.5 times their normal rates – for overtime work. That is guaranteed by federal and state laws, no matter how often employers tell their workers differently.
What really matters for overtime pay is how much you are paid and what kind of work you do. Only workers who are paid above a certain salary threshold and primarily perform exempt duties are ineligible for overtime pay.
At Justice Law Corporation, our Washington overtime lawyers help people across the state who have been ripped off or shortchanged on the job. That includes employees who are owed overtime pay. Our attorneys are seasoned litigators and accomplished negotiators with a strong track record of success for the people we represent.
Misclassification is one of the most common ways in which companies take money out of their employees’ pockets. Workers in tech, retail, healthcare, construction, and other sectors are far too often treated as exempt from overtime pay requirements when they are legally required to be paid the higher rates.
Fortunately, the law in Washington is clear and gives working people the power to take action to ensure that they are fully paid. Here is what you need to know.
How Overtime Pay Works
Washington has some of the strongest wage and hour laws of any state in the country.
Like the federal version, Washington’s overtime law requires employers to pay workers time-and-a-half wages for all hours worked beyond 40 in a given workweek. Take, for example, an office worker in Bellingham who typically makes $40 per hour. If they work 50 hours in a specific workweek, they must be paid at the normal $40 rate for the first 40 hours and at $60 per hour (1.5x) for the last 10 hours.
Employers can define a workweek as any seven consecutive days that begin on the same day and time every week. The calendar week (Sunday to Saturday) is the default for employers who do not otherwise define the workweek.
Who is Eligible for Overtime Pay?
Federal and state wage and hour laws exempt a wide range of “white-collar” employees from the requirement to be paid higher overtime rates. They differ widely on who qualifies for the exemption.
To be exempt under either law, an employee must:
- Be paid a salary of at least a minimum amount (which varies by state and federal law); and
- Perform primary duties that are “executive, administrative, or professional”
In other words, being paid on a salary basis alone does not mean you are not entitled to overtime pay. Instead, what matters is how much you are paid and what kind of duties you perform.
In Washington, the salary threshold for the overtime exemption in 2026 is $1,541.70 per week ($80,168.40 per year). This means that anyone who makes less than $1,541.70 per week ($80,168.40 per year) is eligible for overtime pay under state law.
The Washington threshold is significantly higher than the federal threshold, which has not changed in decades. The statewide standard is set to change over the coming years due to inflation.
It is important to understand that job titles do not matter. It is a common misconception that anyone with a job title that includes “manager” or “supervisor” is not entitled to overtime pay. In reality, your position title has no bearing on whether you have the right to be paid overtime for extra hours. Rather, you must be paid at the higher overtime rate unless you are a salaried employee who makes less than the threshold amount and primarily performs executive, administrative, or professional duties.
Here is what that means.
- Executive: managing a department and supervising at least two full-time employees or their equivalent.
- Administrative: exercising independent judgment on significant matters.
- Professional: performing learned professional work requiring advanced knowledge, such as in positions for lawyers, doctors, accountants and engineers.
An employee who does not spend most of their time on these kinds of tasks cannot be exempt from overtime pay requirements, regardless of how much they are regularly paid.
Disputes about overtime eligibility often arise for workers in “manager” roles. To truly be exempt, these workers must primarily focus on duties that involve exercising discretion and independent judgment. If they spend most of their working time on tasks similar to those performed by non-managers, they are not exempt from overtime pay requirements. That is true regardless of how much they are regularly paid.
Ripped Off on Overtime Pay? Here is What You Can Do
Anyone who is wrongfully denied overtime pay in Washington has the right to take legal action, whether individually or by joining coworkers in a class action.
Workers filing overtime claims can seek:
- Unpaid overtime wages
- Interest
- Penalties
- Injunctions ordering employers to change pay practices
- Attorneys’ fees (in some cases)
To get these remedies, you have to be able to prove that you were eligible for overtime pay, that you worked more than 40 hours in a given workweek, and that your employer did not pay you at the time-and-a-half rate for the overtime hours. An experienced employment lawyer can help you build the strongest possible case.
Speak With a Washington Overtime Lawyer
If you believe that your employer is violating your rights on the job, whether it is by being underpaid or in other terms and conditions, you do not need to go it alone. A Washington overtime lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Our office is conveniently located in Seattle. Contact us at 360.207.0000 to schedule a free consultation with a Washington overtime lawyer.
