The rule
| Washington | |
|---|---|
| Weekly threshold | Over 40 hours in a workweek: at least 1.5 times the regular rate |
| Daily threshold | None. Washington does not require overtime after 8 hours in a day, except on certain public works projects |
| Workweek | Any 7 consecutive days that start on the same day and time each week. If the employer never defines one, it is Sunday through Saturday |
| Employer coverage | All employers, regardless of size |
| Regular rate | Includes hourly pay, salary, piece rates, commissions, and nondiscretionary bonuses. Excludes tips, service charges, discretionary bonuses, and paid time off |
| 2026 exempt salary | At least $1,541.70 a week ($80,168.40 a year), which is 2.25 times the state minimum wage, plus the executive, administrative, or professional duties test. The multiple rises to 2.5 by 2028 |
| Other exemptions | Commissioned retail or service employees who meet RCW 49.46.130(3), certain truck and bus drivers under the Federal Motor Carrier Act, and the other categories listed in RCW 49.46.130. Farmworkers have earned overtime after 40 hours since January 1, 2024 |
| Waivers and comp time | Employees cannot waive overtime. L&I says only public employees can take comp time instead of overtime pay |
| Records | Hours worked each workday and total hours each workweek, plus the day and time the workweek begins (WAC 296-128-010) |
How Washington counts the week
RCW 49.46.130 sets the rule: no employee may work more than 40 hours in a workweek unless the hours past 40 are paid at 1.5 times the regular rate. L&I adds that the rule applies no matter how small the employer is, that double time is not required, and that there is no overtime for a long day on its own outside certain public works jobs.
Paid rest breaks count as hours worked, so they go into the 40. Paid time off does not: vacation, holiday, and sick leave hours are neither hours worked nor part of the regular rate. Employers can require overtime, except for certain healthcare facility employees.
Salaried does not mean exempt
Only employees who meet the executive, administrative, or professional duties tests and earn the state minimum salary are exempt. For 2026, L&I sets that salary at $1,541.70 a week, or 2.25 times the state minimum wage of $17.13. Computer professionals can instead be paid hourly at no less than $59.96 an hour.
The multiple keeps rising until it reaches 2.5 times the minimum wage in 2028, so check the threshold every January. A salaried shift lead who earns less, or whose main job is the same work the crew does, is owed overtime like any hourly employee.
Worked example: a 20-person commercial cleaning company
A night cleaner paid $21 an hour works 10, 10, 8, 8, and 8 hours: 44 hours in the workweek.
- Washington has no daily overtime, so the two 10-hour nights are regular pay on their own.
- 40 hours at $21: $840. 4 hours at $31.50 (1.5 times $21): $126. Gross: $966.
- If she also earns a $50 attendance bonus promised in advance, it goes into the regular rate: $974 divided by 44 hours is $22.14 an hour, so the overtime premium becomes 4 hours at half of that, or $44.27. Gross: $1,018.27. The bonus costs $52.27, not $50.
How to track it
Washington overtime is a weekly count, so the setting that matters most is the workweek. Set it in the time clock to the same start day and time payroll uses (Sunday through Saturday if you never chose one), and keep paid rest breaks on the clock, because they count toward the 40.
ClockOut stores every punch with a timestamp, totals hours by the company's workweek, warns managers when someone is projected to pass 40, and exports daily and weekly hours to CSV, Gusto, ADP, or QuickBooks. It does not decide who is exempt: checking that a salaried manager earns at least $1,541.70 a week and meets a duties test is up to you. Once you have, mark them Salary and exempt from overtime, and their hours are still tracked with no overtime calculated.
Washington overtime FAQ
Does Washington have daily overtime?
No. Overtime is owed for hours over 40 in the workweek. L&I notes one exception: certain public works projects. A 12-hour shift in any other job is regular pay unless the week passes 40.
What is the 2026 salary threshold for exempt employees in Washington?
$1,541.70 a week, or $80,168.40 a year, which is 2.25 times the 2026 state minimum wage. The employee must also meet the executive, administrative, or professional duties test. Exempt computer professionals can be paid hourly at $59.96 or more.
Can I give comp time instead of paying overtime?
Not as a private employer. L&I says only public employees can receive comp time in place of overtime pay, and only at the employee's request.
Do tips count toward the overtime rate?
No. L&I excludes tips and service charges from the regular rate, so a server's overtime rate is based on the hourly wage plus any commissions or nondiscretionary bonuses, not on tips.
Related pages
Sources, checked September 23, 2026
- RCW 49.46.130: Overtime after 40 hours and exceptions
- Washington L&I: Overtime and exemptions
- Washington L&I: 2026 minimum wage and exempt salary threshold
- WAC 296-128-010: Records required
This is general information, not legal advice. Rules change; check the linked source.