Washington Overtime Law: 40-Hour Rules, Regular Rate & Agricultural Parity
A comprehensive statutory examination of Washington State overtime pay requirements under RCW 49.46.130, the administrative principles of WAC 296-128-550, the critical distinction between weekly and daily overtime, blended multi-rate calculations, and the historic agricultural overtime parity enacted under ESSB 5172.
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Use our interactive Washington Overtime Pay Calculator for 40-hour thresholds, blended rates, and bonus adjustments.
1. The Washington 40-Hour Workweek Standard (RCW 49.46.130)
Washington State law requires employers to pay non-exempt employees overtime compensation at a rate of no less than 1.5 times their regular rate of pay for all hours worked exceeding 40 hours in a workweek pursuant to RCW 49.46.130(1).
Key Statutory Elements:
- Fixed 7-Day Workweek: A workweek is defined as 7 consecutive 24-hour periods (168 consecutive hours) designated by the employer. It does not need to coincide with the calendar week, but once established, it remains fixed.
- No Daily Overtime Mandate: Unlike neighboring California, Washington has no statute requiring overtime after 8 hours of work in a single day. An employee working four 10-hour days (40 hours total) is not statutorily entitled to overtime under state law.
- Compensable Hours Only: Hours paid but not actually worked—such as vacation, paid sick leave, bereavement, or holiday pay—do not count toward the 40-hour overtime threshold.
2. Agricultural Overtime Parity (ESSB 5172)
Historically, agricultural workers were entirely excluded from overtime under Washington law. In November 2020, the Washington Supreme Court issued its landmark ruling in Martinez-Cuevas v. DeRuyter Bros. Dairy, Inc. (196 Wn.2d 506), declaring the agricultural overtime exclusion unconstitutional as applied to dairy workers.
In response, the Washington Legislature passed Engrossed Substitute Senate Bill (ESSB) 5172 (Laws of 2021), which established a phased expansion of overtime rights across all agricultural sectors:
Washington Agricultural Overtime Phase-In Schedule
3. Calculating the Regular Rate of Pay (WAC 296-128-550)
Under WAC 296-128-550 and Washington L&I Administrative Policy ES.A.8.2, overtime is calculated on the employee’s regular rate of pay, not their base hourly rate. The regular rate is a weighted average of all straight-time earnings divided by total hours worked.
Mandatory Inclusions in Regular Rate:
- Base hourly wages for all hours worked
- Non-discretionary attendance, retention, or quality bonuses
- Production bonuses and piece-rate earnings
- Commissions earned during the workweek
- Shift differential premiums and hazard pay
Statutory Exclusions from Regular Rate:
- Discretionary gifts and holiday bonuses
- Reimbursed bona fide travel and business expenses
- Paid leave hours (PTO, vacation, sick leave)
- Discretionary profit-sharing contributions
- Overtime premiums previously paid at 1.5x or higher
4. Engine-Verified Calculation Examples
Example 1: Standard 50-Hour Workweek at Single Hourly Rate
An employee in Spokane earns $20.00/hr and works 50 hours in a single workweek.
Example 2: Overtime with Non-Discretionary Production Bonus (WAC 296-128-550)
An employee works 50 hours at $20.00/hr and earns a $200.00 production bonus.
Example 3: Seattle Worker with $21.30 Minimum Wage Floor
In Seattle, where the 2026 minimum wage is $21.30/hr under SMC 14.19, an employee working 45 hours at minimum wage must receive:
Frequently Asked Questions
Does Washington State have daily overtime after 8 hours?
No. Unlike California, Washington State law (RCW 49.46.130) does not require daily overtime. Overtime is owed only after a non-exempt employee works more than 40 hours during a fixed, 7-day workweek.
Are agricultural workers entitled to overtime in Washington?
Yes. Under ESSB 5172, passed in 2021 following the landmark state Supreme Court decision in Martinez-Cuevas v. DeRuyter Bros. Dairy, agricultural workers achieved complete 40-hour overtime parity effective January 1, 2024.
What items must be included in the regular rate of pay for overtime in Washington?
Under WAC 296-128-550, the regular rate includes base hourly wages, non-discretionary bonuses (such as attendance, production, or retention bonuses), commissions, and shift differentials. It excludes bona fide gifts, discretionary holiday bonuses, and reimbursed expenses.
How is overtime calculated when an employee works at two different pay rates in Washington?
Under Washington L&I Policy ES.A.8.2, the employer must compute a blended (weighted average) regular rate: total straight-time compensation from all jobs is divided by total compensable hours worked in the workweek.