Washington Employment Law: Wages, Final Pay, Breaks and Your Rights at Work
Washington employment law: minimum wage, overtime, breaks, final paycheck deadlines, PTO payout, sick leave, at-will exceptions and where to file a wage claim.
Quick answers for Washington
- Minimum wage
- $17.13 per hour in 2026 for most workers (14- and 15-year-olds may be paid 85% of the minimum). The rate is adjusted for inflation every January 1. Some cities (such as Seattle) set higher local minimum wages. Washington Minimum Wage Act (RCW 49.46)
- Final paycheck if fired or laid off
- On or before the next regularly scheduled payday. Employers cannot hold the final paycheck because the employee has not returned keys, uniforms, tools or equipment. RCW 49.48.010
- Meal and rest breaks
- Rest break: a paid 10-minute break for every 4 hours worked, with no more than 3 hours worked without a break. Meal break: at least 30 minutes for shifts over 5 hours, starting between the 2nd and 5th hour; WAC 296-126-092
- Unused vacation / PTO payout
- Not required. Vacation, personal holidays and severance are voluntary benefits the employer may choose to pay out. Agreed-upon benefits can be pursued in small claims court or with an attorney. Paid sick leave has separate rules. L&I guidance
Last verified: 2026-10-26
Pay
| Minimum wage | $17.13 per hour in 2026 for most workers (14- and 15-year-olds may be paid 85% of the minimum). The rate is adjusted for inflation every January 1. Some cities (such as Seattle) set higher local minimum wages. Scheduled change: $17.73 per hour starting January 1, 2027 ($15.07 for 14- and 15-year-olds). |
|---|---|
| Tipped minimum wage | No tip credit. Tipped employees must be paid the full state minimum wage, and tips and service charges paid to employees cannot count toward it. Employers must pay all tips and service charges to employees as the law requires. Source: RCW 49.46.020(3) |
| Overtime | Time and one-half the regular rate for hours over 40 in a 7-day workweek, regardless of employer size. No daily overtime (except certain public works projects). Only salaried employees who meet the executive, administrative or professional definitions are exempt. Overtime also applies to agricultural workers (phased in by law). |
| How often you must be paid | At least once a month, on a regular, scheduled payday. Source: L&I guidance |
| Pay stubs | Required on each payday: an itemized statement, separate from the paycheck, showing the pay basis (hours or days worked), rate(s) of pay, gross wages, all deductions, and the pay period dates. It may be electronic if the employee can receive and copy it on payday. Source: WAC 296-126-040 |
Breaks and leave
| Meal and rest breaks | Rest break: a paid 10-minute break for every 4 hours worked, with no more than 3 hours worked without a break. Meal break: at least 30 minutes for shifts over 5 hours, starting between the 2nd and 5th hour; unpaid only if the employee is completely free of duties. Additional meal periods apply to shifts running more than 3 hours past schedule. Employees may waive the meal break by agreement with the employer. Different rules apply to minors, agricultural workers and some health care workers. Source: WAC 296-126-092 |
|---|---|
| Paid sick leave | Yes. Employees earn at least 1 hour of paid sick leave for every 40 hours worked, paid at their normal hourly pay. They can start using it 90 days after starting work. Unused balances of 40 hours or less must carry over to the next year. Employers must give a statement of sick leave balance at least monthly. A few exceptions apply (such as doctors, lawyers, dentists and certain salaried executives). |
Leaving a job
| Final paycheck if fired or laid off | On or before the next regularly scheduled payday. Employers cannot hold the final paycheck because the employee has not returned keys, uniforms, tools or equipment. State law says final wages are due at the end of the established pay period. Source: RCW 49.48.010 |
|---|---|
| Final paycheck if you quit | On or before the next regularly scheduled payday. Source: RCW 49.48.010 |
| Unused vacation / PTO payout | Not required. Vacation, personal holidays and severance are voluntary benefits the employer may choose to pay out. Agreed-upon benefits can be pursued in small claims court or with an attorney. Paid sick leave has separate rules. Source: L&I guidance |
| Unemployment benefits | Washington Employment Security Department (ESD). Apply and file weekly claims online through ESD's eServices account. |
Firing, retaliation and discrimination
| Job discrimination complaints | Washington State Human Rights Commission. The Washington Law Against Discrimination covers employers with eight or more employees (not religious nonprofits). A complaint must be filed within six months of the discriminatory act; pregnancy discrimination complaints within one year; whistleblower retaliation complaints within two years. Source: RCW 49.60.040; RCW 49.60.230 |
|---|---|
| Non-compete agreements | Currently limited: a non-compete is void unless the terms were disclosed in writing by the time the job offer was accepted (or, if signed later, extra consideration is given); the employee's annualized earnings exceed $100,000 adjusted each year for inflation; and, if the employee is laid off, the employer pays base salary during the restricted period. Non-competes over 18 months are presumed unreasonable. Starting June 30, 2027, all non-compete agreements become void and unenforceable, no matter when they were signed. Scheduled change: total ban on non-competes effective June 30, 2027. Source: RCW 49.62.020 |
Where to get help in Washington
Employment Law FAQ
What is the minimum wage in Washington?
$17.13 per hour in 2026 for most workers (14- and 15-year-olds may be paid 85% of the minimum). The rate is adjusted for inflation every January 1. Some cities (such as Seattle) set higher local minimum wages.
What is the tipped minimum wage in Washington?
No tip credit. Tipped employees must be paid the full state minimum wage, and tips and service charges paid to employees cannot count toward it. Employers must pay all tips and service charges to employees as the law requires.
What are the overtime rules in Washington?
Time and one-half the regular rate for hours over 40 in a 7-day workweek, regardless of employer size. No daily overtime (except certain public works projects). Only salaried employees who meet the executive, administrative or professional definitions are exempt. Overtime also applies to agricultural workers (phased in by law).
Are breaks required by law in Washington?
Rest break: a paid 10-minute break for every 4 hours worked, with no more than 3 hours worked without a break. Meal break: at least 30 minutes for shifts over 5 hours, starting between the 2nd and 5th hour; unpaid only if the employee is completely free of duties. Additional meal periods apply to shifts running more than 3 hours past schedule. Employees may waive the meal break by agreement with the employer. Different rules apply to minors, agricultural workers and some health care workers.
When do I get my final paycheck if I'm fired in Washington?
On or before the next regularly scheduled payday. Employers cannot hold the final paycheck because the employee has not returned keys, uniforms, tools or equipment.
When do I get my final paycheck if I quit in Washington?
On or before the next regularly scheduled payday.
Does an employer have to pay out unused PTO in Washington?
Not required. Vacation, personal holidays and severance are voluntary benefits the employer may choose to pay out. Agreed-upon benefits can be pursued in small claims court or with an attorney. Paid sick leave has separate rules.
How often must employees be paid in Washington?
At least once a month, on a regular, scheduled payday.
Do employers have to give pay stubs in Washington?
Required on each payday: an itemized statement, separate from the paycheck, showing the pay basis (hours or days worked), rate(s) of pay, gross wages, all deductions, and the pay period dates. It may be electronic if the employee can receive and copy it on payday.
Is paid sick leave required in Washington?
Yes. Employees earn at least 1 hour of paid sick leave for every 40 hours worked, paid at their normal hourly pay. They can start using it 90 days after starting work. Unused balances of 40 hours or less must carry over to the next year. Employers must give a statement of sick leave balance at least monthly. A few exceptions apply (such as doctors, lawyers, dentists and certain salaried executives).
Where do I file a job discrimination complaint in Washington?
Washington State Human Rights Commission. The Washington Law Against Discrimination covers employers with eight or more employees (not religious nonprofits). A complaint must be filed within six months of the discriminatory act; pregnancy discrimination complaints within one year; whistleblower retaliation complaints within two years.
Are non-compete agreements enforceable in Washington?
Currently limited: a non-compete is void unless the terms were disclosed in writing by the time the job offer was accepted (or, if signed later, extra consideration is given); the employee's annualized earnings exceed $100,000 adjusted each year for inflation; and, if the employee is laid off, the employer pays base salary during the restricted period. Non-competes over 18 months are presumed unreasonable. Starting June 30, 2027, all non-compete agreements become void and unenforceable, no matter when they were signed.
How do I apply for unemployment in Washington?
Washington Employment Security Department (ESD). Apply and file weekly claims online through ESD's eServices account.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.