Washington employment rules for employers
Last verified Sep 24, 2026 · 14 verified rules · How we verify every rule
General information, not legal advice. This page is for general information only and isn’t legal, financial or tax advice. Laws vary by state and change; check the official source or talk to a qualified professional about your situation. Every rule on this page links to its official source.
Minimum wage
Washington minimum wage is $17.13 per hour in 2026. (Washington Minimum Wage Act (U.S. DOL WHD state minimum wage table))
What is the minimum wage?$17.13 per hourVerified Sep 24, 2026 · 2 official sources
Washington minimum wage is $17.13 per hour in 2026. (Washington Minimum Wage Act (U.S. DOL WHD state minimum wage table))
“Washington Basic Minimum Rate (per hour): $17.13”
“The 2026 minimum wage in the state of Washington is $17.13 per hour.”
Used in: How to hire your first employee
Paydays
How often do you have to pay?MonthlyVerified Sep 24, 2026 · 2 official sources
Wages must be paid on an established regular payday at no longer than monthly payment intervals. (U.S. DOL WHD state payday table)
“Washington X”
“An employer shall pay all wages owed to an employee on an established regular pay day at no longer than monthly payment intervals.”
Used in: How to hire your first employee
Meal breaks
Do adult employees get a meal break?30 minutesVerified Sep 24, 2026 · 2 official sources
Overtime additional meal: Employees working 3 or more hours beyond a normal workday must be allowed an additional 30-minute (½ hour) meal period before or during the overtime. (WAC 296-126-092 (U.S. DOL WHD meal period table))
“Additional ½ hour, before or during overtime, for employees working 3 or more hours beyond regular workday.”
“(3) Employees working three or more hours longer than a normal work day shall be allowed at least one thirty-minute meal period prior to or during the overtime period.”
dol.gov · app.leg.wa.gov · verified Sep 24, 2026 · 2 official sources
General rule: Employees must be allowed a meal period of at least 30 minutes (½ hour) when working more than 5 consecutive hours, starting no less than 2 hours nor more than 5 hours from the beginning of the shift; it is paid time if the employee must remain on duty. (WAC 296-126-092 (U.S. DOL WHD meal period table))
“½ hour, if work period is more than 5 consecutive hours, to be given not less than 2 hours nor more than 5 hours from beginning of shift. Counted as worktime if employee is required to remain on duty on premises or at a prescribed worksite. Additional ½ hour, before or during overtime, for employees working 3 or more hours beyond regular workday.”
“(1) Employees shall be allowed a meal period of at least thirty minutes which commences no less than two hours nor more than five hours from the beginning of the shift. Meal periods shall be on the employer's time when the employee is required by the employer to remain on duty on the premises or at a prescribed work site in the interest of the employer. (2) No employee shall be required to work more than five consecutive hours without a meal period.”
dol.gov · app.leg.wa.gov · verified Sep 24, 2026 · 2 official sources
Washington break laws: full page · Break laws by state
Rest breaks
Do adult employees get paid rest breaks?10 min per 4 hoursVerified Sep 24, 2026 · 2 official sources
Paid rest period of at least 10 minutes for each 4 hours of working time, scheduled near the midpoint; no employee may be required to work more than 3 hours without a rest period. (WAC 296-126-092 (U.S. DOL WHD rest period table))
“Paid 10-minute rest period for each 4-hour work period, scheduled as near as possible to midpoint of each work period. Employee may not be required to work more than 3 hours without a rest period.”
“(4) Employees shall be allowed a rest period of not less than ten minutes, on the employer's time, for each four hours of working time. Rest periods shall be scheduled as near as possible to the midpoint of the work period. No employee shall be required to work more than three hours without a rest period.”
Washington break laws: full page · Break laws by state
Final paycheck
If you fire someone, when is the last paycheck due?Next regular paydayVerified Sep 24, 2026 · 2 official sources
Whether the employee is fired or quits, wages due must be paid at the end of the established pay period, on or before the next regularly scheduled payday. The employer cannot hold the final paycheck until keys, uniforms or tools are returned. (RCW 49.48.010(2))
“When any employee shall cease to work for an employer, whether by discharge or by voluntary withdrawal, the wages due him or her on account of his or her employment shall be paid to him or her at the end of the established pay period”
“If an employee quits or is fired, their final paycheck must be paid on or before the next regularly scheduled payday. Employers cannot withhold a final paycheck if the employee does not turn in keys, uniforms, tools, equipment, etc.”
If an employee quits, when is the last paycheck due?Next regular paydayVerified Sep 24, 2026 · 2 official sources
Whether the employee is fired or quits, wages due must be paid at the end of the established pay period, on or before the next regularly scheduled payday. The employer cannot hold the final paycheck until keys, uniforms or tools are returned. (RCW 49.48.010(2))
“When any employee shall cease to work for an employer, whether by discharge or by voluntary withdrawal, the wages due him or her on account of his or her employment shall be paid to him or her at the end of the established pay period”
“If an employee quits or is fired, their final paycheck must be paid on or before the next regularly scheduled payday. Employers cannot withhold a final paycheck if the employee does not turn in keys, uniforms, tools, equipment, etc.”
Final paycheck laws by state · Final paycheck date calculator
Used in: How to fire an employee in your state · Employee no call, no show: what to do · An employee resigned: what to do next
Unused vacation (PTO) at separation
Do you have to pay out unused vacation when someone leaves?Depends on your policyVerified Sep 24, 2026 · 2 official sources
Washington does not require employers to pay vacation: vacation time is a voluntary benefit negotiable between employer and employee, and employers can choose to pay it out on the final paycheck. L&I does not accept vacation pay complaints; an employee owed agreed-upon vacation benefits can contact an attorney or file in small claims court. (Washington L&I, Getting Paid)
“Severance, personal holidays, and vacation time are voluntary benefits. Employers can choose to pay out these benefits on a final paycheck. If you believe you are owed any of these agreed-upon benefits, you can contact an attorney or file in small claims court.”
“No. Holiday, vacation and severance pay are benefits that are negotiable between you and your employer. L&I cannot accept these types of complaints.”
Used in: How to fire an employee in your state · An employee resigned: what to do next
Paid sick leave
Do you have to give paid sick leave?Yes, statewideVerified Sep 24, 2026 · 2 official sources
Accrual: Washington paid sick leave: employees accrue at least one hour of paid sick leave for every 40 hours worked (full-time, part-time, temporary and seasonal alike). The law sets no annual accrual cap. (RCW 49.46.210)
“(a) An employee shall accrue at least one hour of paid sick leave for every forty hours worked as an employee.”
“At a minimum, you must provide one hour of paid sick leave for every 40 hours worked by an employee, regardless of full-time, part-time, temporary, or seasonal status.”
app.leg.wa.gov · lni.wa.gov · verified Sep 24, 2026 · 2 official sources
Accrued balance cap: Unused paid sick leave carries over to the next year; employers may cap the carryover at 40 hours. (RCW 49.46.210)
“(j) Except as provided in (l) of this subsection, accrued and unused paid sick leave carries over to the following year, but an employer is not required to allow an employee to carry over paid sick leave in excess of 40 hours.”
“If you do not use all of the paid sick leave you’ve earned by the end of the accrual year, your employer must carry over balances of 40 hours or less to the next year.”
app.leg.wa.gov · lni.wa.gov · verified Sep 24, 2026 · 2 official sources
Effective date: Washington's paid sick leave requirement took effect January 1, 2018. (RCW 49.46.210)
“(1) Beginning January 1, 2018, except as provided in RCW 49.46.180, every employer shall provide each of its employees paid sick leave as follows:”
“You began earning paid sick leave on your first day of work on or after Jan. 1, 2018.”
app.leg.wa.gov · lni.wa.gov · verified Sep 24, 2026 · 2 official sources
Employer coverage: Every employer in Washington must provide paid sick leave to its employees, with only a few exceptions (L&I cites e.g. doctors, lawyers, dentists and most salaried executive managers). (RCW 49.46.210)
“(1) Beginning January 1, 2018, except as provided in RCW 49.46.180, every employer shall provide each of its employees paid sick leave as follows:”
“Employers in Washington State are required to provide paid sick leave to their employees.”
app.leg.wa.gov · lni.wa.gov · verified Sep 24, 2026 · 2 official sources
Washington paid sick leave law: full page · Paid sick leave laws by state
At-will employment
Yes. Washington follows at-will employment, with these exceptions (Martin v. Gonzaga University, Washington Supreme Court No. 95269-8 (slip opinion)):
- Public policy: Recognized (Martin v. Gonzaga University, Washington Supreme Court No. 95269-8 (slip opinion))
- Implied contract: not verified yet (check the official source)
- Good faith and fair dealing: not verified yet (check the official source)
Public policy exception: recognized?RecognizedVerified Sep 24, 2026 · 2 official pages from the same agency
Washington recognizes the tort of wrongful discharge in violation of public policy (adopted in Thompson v. St. Regis Paper Co.) as a narrow exception to at-will employment. (Martin v. Gonzaga University, Washington Supreme Court No. 95269-8 (slip opinion))
“In Thompson v. St. Regis Paper Co., we adopted the tort of wrongful discharge in violation of public policy as a narrow exception to the at-will doctrine.”
“The wrongful discharge against public policy tort has undergone numerous permutations since its recognition over 30 years ago.”
Implied contract exception: recognized?Not verified yetCheck the official source
We have not verified this rule for Washington yet. Check the official source: lni.wa.gov.
Good faith and fair dealing exception: recognized?Not verified yetCheck the official source
We have not verified this rule for Washington yet. Check the official source: lni.wa.gov.
Used in: How to write up an employee (the right way, in your state) · How to put an employee on a performance improvement plan · Employee no call, no show: what to do · Insubordination: what counts, and how to handle it
Service letter (reason for termination)
Do you have to give a written reason for the termination on request?Not verified yetCheck the official source
We have not verified this rule for Washington yet. Check the official source: app.leg.wa.gov.
Used in: How to write up an employee (the right way, in your state) · How to fire an employee in your state
Separation notice
Do you have to give a separation notice when someone leaves?YesVerified Sep 24, 2026 · 2 official pages from the same agency
Washington employers must post printed statements of the Employment Security Department's claim-filing rules where employees can readily see them, and must make available to each employee, at the time the employee becomes unemployed, a printed statement of those rules and any notices, instructions and other material the commissioner prescribes by rule. The Department supplies the material free of charge. (RCW 50.20.140(1))
“Each employer shall post and maintain printed statements of such rules in places readily accessible to individuals in his or her employment and shall make available to each such individual at the time he or she becomes unemployed, a printed statement of such rules and such notices, instructions, and other material as the commissioner may by rule prescribe.”
“(1) Employers who are responsible for unemployment insurance coverage of their employees must post and maintain printed notices to individuals who are employed by the employer. The notices provide information to individuals who may be unemployed about how to apply for benefits.”
Used in: How to fire an employee in your state
Washington topic pages
Final pay after firing, neighbors
| State | Final pay after firing |
|---|---|
| Washington | Next regular payday |
| Idaho | Not verified |
| Oregon | Next business day |
Only verified rules are shown. "Not verified" means we have not checked that state's rule yet; open its rulebook for the official source.
What an employee costs in Washington
Beyond the salary, an employer pays these payroll taxes on each employee. Rates for 2026, from official sources:
- Social Security: 6.2% of wages, up to $184,500 per employee in 2026 (Publication 15).
- Medicare: 1.45% of all wages, with no wage base limit (Topic 751).
- Federal unemployment (FUTA): 6.0% of the first $7,000 of each employee's wages, with a credit of up to 5.4% for state unemployment taxes paid, so usually 0.6% (Topic 759).
- FUTA credit reduction: Washington is not on the DOL list for 2025 (final) or 2026 (potential), so the full 5.4% credit is available if state unemployment taxes are paid in full and on time (U.S. DOL, FUTA credit reductions; Topic 759).
- Washington unemployment insurance: taxes apply to the first $78,200 of each employee's wages. Rates for experience-rated employers run from 0.00% to 5.40%; the new-employer rate is the average rate for your industry, so it is not shown here. Source: U.S. DOL, Significant Provisions of State UI Laws, effective July 2026, page 6. The DOL notes that higher rates may apply by industry and that the table "is not an official interpretation of state UI laws". Find the Washington unemployment agency.
A worked example: $40,000 salary
Estimate, before benefits and workers' comp; check with your payroll provider. It assumes a new employer, a full year of wages and the full FUTA credit.
| Tax on a $40,000 salary | Per year |
|---|---|
| Social Security, 6.2% (Topic 751) | $2,480 |
| Medicare, 1.45% (Topic 751) | $580 |
| Federal unemployment (FUTA), 0.6% of the first $7,000 (Topic 759) | $42 |
| Washington unemployment insurance (ask the state agency) | Not included |
| Estimated total employer taxes | $3,102 |
Estimate: $3,102 is about 7.8% on top of the salary. It leaves out health insurance, retirement contributions, workers' compensation, state disability or paid leave programs and any local taxes.
Federal wage enforcement in Washington
In FY2021 to FY2025, the U.S. Department of Labor's Wage and Hour Division concluded 516 cases in Washington (n = 516), finding $9,564,788 in back wages owed to 5,856 employees (DOL enforcement data). Enforcement data is not a violation rate: it shows where federal investigators looked, and many states handle wage claims through their own agencies. Wage violations by industry.
Changes coming in 2027
- Exempt salary, from Jan 1, 2027: 2.5 x state minimum wage x 40 hrs/week (employers with >50 employees). Scheduled in law (app.leg.wa.gov).
- Exempt salary, from Jan 1, 2027: 2.25 x state minimum wage x 40 hrs/week (employers with 50 or fewer employees). Scheduled in law (app.leg.wa.gov).
- Minimum wage, from Jan 1, 2027: the new amount is not announced yet (lni.wa.gov).
- Non compete, from Jun 30, 2027: All noncompetition covenants void and unenforceable (RCW 49.62.020 as amended by 2026 c 149) (now Non-competes allowed only above earnings threshold ($126,858.83 in 2026 for employees)). Scheduled in law (app.leg.wa.gov).
- Minimum wage (Seattle, WA), from Jan 1, 2027: the new amount is not announced yet (seattle.gov).
Changelog
- Sep 24, 2026: first verified, 14 rules.
Questions about Washington employer rules
What is the minimum wage in Washington?
Washington minimum wage is $17.13 per hour in 2026. (Washington Minimum Wage Act (U.S. DOL WHD state minimum wage table))
Is Washington an at-will state?
Yes. Washington follows at-will employment, with exceptions. Of the 3 common exceptions, we have verified 1, and 1 is recognized in Washington (Martin v. Gonzaga University, Washington Supreme Court No. 95269-8 (slip opinion)).
When is the final paycheck due after firing someone in Washington?
Whether the employee is fired or quits, wages due must be paid at the end of the established pay period, on or before the next regularly scheduled payday. The employer cannot hold the final paycheck until keys, uniforms or tools are returned. (RCW 49.48.010(2))
Sources (22)
- Washington Minimum Wage Act (U.S. DOL WHD state minimum wage table)
- Washington State Department of Labor & Industries
- U.S. DOL WHD state payday table
- WAC 296-126-023(3)
- WAC 296-126-092 (U.S. DOL WHD meal period table)
- WAC 296-126-092(3)
- WAC 296-126-092 (U.S. DOL WHD rest period table)
- RCW 49.48.010(2)
- Washington Department of Labor & Industries, Getting Paid
- Washington L&I, What You Need to Know if You Don't Get Paid (F700-153-909)
- RCW 49.46.210
- Washington L&I, Paid Sick Leave
- Martin v. Gonzaga University, Washington Supreme Court No. 95269-8 (slip opinion)
- Rose v. Anderson Hay & Grain Co., Washington Supreme Court No. 90975-0
- RCW 50.20.140(1)
- WAC 192-310-100
- IRS Publication 15 (2026), Circular E, Employer's Tax Guide
- IRS Topic no. 751, Social Security and Medicare withholding rates
- IRS Topic no. 759, Form 940, Employer's Annual Federal Unemployment (FUTA) Tax Return
- U.S. DOL, Employment and Training Administration: FUTA credit reductions
- U.S. DOL, Office of Unemployment Insurance: Significant Provisions of State Unemployment Insurance Laws, effective July 2026
- U.S. Department of Labor: State labor offices
Checked Sep 24, 2026 · How we verify every rule · Report an error