Washington Employment Laws for Employers
Reviewed Sep 27, 2026 10 of 13 rules verified against official sources How we verify
Not a substitute for the advice of an attorney. General information; laws vary by state. Terms of use
Final pay and unused vacation
Final paycheck
If you fire someone, when is the last paycheck due?Next regular paydayVerified Sep 24, 2026 · 2 official pages from the same agency
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”
Put it in writing with the termination letter template for Washington.
If an employee quits, when is the last paycheck due?Next regular paydayVerified Sep 24, 2026 · 2 official pages from the same agency
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))
Same official text as quoted above (see the quote; RCW 49.48.010(2) · app.leg.wa.gov).
“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.”
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 pages from the same agency
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.”
Wages, paydays and breaks
Minimum wage
What is the minimum wage?$17.13 per hourVerified Sep 27, 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.”
Paydays
How often do you have to pay?MonthlyVerified Sep 27, 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.”
Meal breaks
Do adult employees get a meal break?30 minutesVerified Sep 27, 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))
Same official text as quoted below (see the quote; WAC 296-126-092 (U.S. DOL WHD meal period table) · dol.gov).
“(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 27, 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 27, 2026 · 2 official sources
Rest breaks
Do adult employees get paid rest breaks?10 min per 4 hoursVerified Sep 27, 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.”
Paid sick leave
Do you have to give paid sick leave?Yes, statewideVerified Sep 24, 2026 · 2 official pages from the same agency
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 pages from the same agency
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 pages from the same agency
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 pages from the same agency
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)
Same official text as quoted above (see the quote; RCW 49.46.210 · app.leg.wa.gov).
“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 pages from the same agency
Note: If a local ordinance (for example, a city ordinance) requires more generous paid sick leave than state law, the local requirements apply. (RCW 49.46.210; Washington L&I paid sick leave page)
Ending employment
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: pending verification (official source)
- Good faith and fair dealing: pending verification (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); Rose v. Anderson Hay & Grain Co., Washington Supreme Court No. 90975-0)
“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.”
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.”
Pending verification. Not verified for Washington yet, so no answer is shown. Each link opens the official source to check.
Washington and its neighbors
| State | Final pay after firing | Final pay after quitting | Minimum wage | Paid sick leave |
|---|---|---|---|---|
| Washington | Next regular payday | Next regular payday | $17.13 per hour | Yes, statewide |
| Idaho | Next payday or 10 days (not counting weekends and holidays), whichever is sooner | Next payday or 10 days (not counting weekends and holidays), whichever is sooner | $7.25 per hour | Pending verification. Official source (labor.idaho.gov). |
| Oregon | Next business day | Depends on the case | $14.55 to $16.80 per hour (depends on the case) | Yes, statewide |
Verified rules only; open a state for its sources.
What an employee costs in Washington
Every employer pays Social Security 6.2% (Publication 15), Medicare 1.45% (Topic 751) and FUTA (Topic 759). Washington adds its unemployment insurance tax:
| Washington payroll tax, 2026 | Amount |
|---|---|
| Taxable wage base per employee | $78,200 |
| Rates for experience-rated employers | 0.00% to 5.40% |
| New-employer rate | Average rate for your industry |
| FUTA credit reduction | None for 2025 or 2026 |
| Estimated employer taxes on a $40,000 salary | $3,102 (7.8%) |
The estimate counts FUTA at 0.6% of the first $7,000 ($42 per employee), which assumes the full FUTA credit (Topic 759).
Estimate for a new employer and a full year, without the state tax; check with your payroll provider. Sources: U.S. DOL, State UI Laws, July 2026, page 6; U.S. DOL, FUTA credit reductions.
Federal wage enforcement in Washington
In FY2021 to FY2025, the federal Wage and Hour Division concluded 516 cases in Washington (n = 516), 413 with violations, finding $9,564,788 in back wages owed to 5,856 employees and assessing $2,277,518 in civil money penalties (DOL enforcement data). Overtime back wages were part of 41.6% of the violation cases. OSHA opened 27,099 inspections in the same years (OSHA data). Enforcement data is not a violation rate: it shows where federal investigators looked. Wage violations by industry.
Washington runs its own OSHA-approved State Plan that covers private employers, so workplace safety rules for most private workplaces in Washington are enforced by the state program rather than by federal OSHA (OSHA: State Plans).
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 employment laws
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 (17)
- 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
- U.S. Department of Labor: State labor offices
Checked Sep 27, 2026 · How we verify every rule · Report an error
General information, not legal advice. Not a substitute for the advice of an attorney. 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. Report an error