Washington Overtime Rules Are Stricter Than Federal Law — Are You Actually Owed Back Pay?

Justice Law Corporation

Washington is among the states where wage and hour and other rights for workers are actually stronger than the minimum standards set under federal law. Just because your employer is complying with the federal law when it comes to minimum wages and overtime pay, that does not mean it is following state requirements.

At Justice Law Corporation, we help working people in Washington ensure that they are fully paid and that their rights are protected on the job. Our Washington wage and hour attorneys have dedicated their careers to fighting back against employers who violate the law. We can help you understand your rights and take action.

Wage theft is rampant in Washington and across the U.S. Employers cut corners to shortchange their employees, including by forcing them to work off the clock, misclassifying them as exempt from legal requirements, or simply refusing to pay the mandatory overtime rates.

It is vital for employees to understand their rights under both federal and state laws. Here is what you need to know.

Minimum Wages

Anyone working in Washington is entitled to be paid at the minimum hourly wage. The state’s minimum wage is more than double the mandatory minimum under the Fair Labor Standards Act, the federal pay law, which has not been increased since 2009.

The current minimum wage in Washington is $16.66 per hour. The pay floor is set to rise to $17.13 per hour in 2026, with additional increases to track inflation in the following years. The federal minimum wage remains stagnant at $7.25 per hour.

Several cities and counties in Washington have also raised the wage floor above the state minimum. Some notable local minimum wages include:

  • Seattle: $20.76 per hour
  • SeaTac: $20.17 per hour for hospitality and transportation industry
  • King County (unincorporated): $20.29 per hour for larger employers
  • Tukwila: $21.10 per hour for most employers

A full list of city and county minimum wage rates can be found here.

Employers must pay their employees for all hours on the job, including various prep work and required meetings, and training. Tips and service charges are not included in minimum wages, under state law. 

Overtime Pay

Federal and state overtime laws in Washington are similar in many ways. The biggest difference is that the state law makes many workers eligible for overtime pay who are not eligible under the federal law.

Both laws require employers to pay employees “time and a half,” or 1.5x their normal hourly rate, for all hours worked beyond 40 in a given workweek. Unlike in some other states, the laws generally do not require overtime based on hours worked beyond a given number in a single day.

Weekend and holiday hours do not automatically entitle employees to overtime pay. It is not until an employee exceeds the 40-hour mark that he or she must be paid time and a half. An employee who logs 45 hours on the job in a given workweek, for example, will be paid at the normal rate for the first 40 hours at 1.5x for the additional 5 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. 

Note: Overtime pay is not limited to workers paid on an hourly basis. Many salaried workers are covered by federal and state overtime requirements. Workers’ base “rates” for time-and-a-half purposes include all remuneration, such as hourly wages, commissions, and bonuses.

Who Gets Overtime Pay?

The federal and state overtime laws differ in who is covered. Sadly, many employers try to take advantage of exemptions to wage and hour laws to misclassify workers as exempt from overtime pay requirements.

The FLSA, the federal law, includes a wide-ranging exemption for “white-collar” workers. These employees are not covered by overtime requirements. To qualify for the exemption, an employee must:

  • Be paid a salary of at least $684 per week ($35,568 per year)
  • Perform primary duties that are “executive, administrative, or professional”

Job titles do not matter. Instead, the question is whether the duties that an employee performs are “executive, administrative, or professional,” as defined by the law.

The salary threshold for the federal exemption has not been meaningfully increased in several years. Efforts to raise the minimum salary threshold – which would effectively make more people eligible for overtime pay by shrinking the exemption – have been challenged in court by business and other groups. 

That is where Washington and other states step in. The state also exempts from overtime pay requirements certain employees whose primary duties are “executive, administrative, or professional.” But those employees must also be paid a minimum salary that is significantly higher than the federal exemption threshold.

The salary threshold for 2025 varies by employer size.

  • Small (one to 50 employees): $1,332.80 per week ($69,305.60 annually)
  • Large (51 or more employees): $1,499.40 per week ($77,968.80 annually)

In 2026, all employers will be covered by the same threshold: $1,541.70 per week ($80,168.40 annually). The number is slated to rise in the coming years and will again vary by employer size.

Our Washington Wage and Hour Attorneys Can Help

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 wage and hour attorney 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 (306) 207-0000 to schedule a free consultation with a Washington wage and hour attorney.