Washington Overtime Pay Law

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In Washington, time and one-half the regular rate is due after 40 hours of work in a workweek. Exemptions include employees who are exempt from the minimum wage law; employees who request compensatory time off in lieu of overtime pay; seasonal employees of agricultural fairs; movie projectionists employed pursuant to a contract or collectively bargained agreement regulating hours of work and overtime; truck and bus drivers subject to the Federal Motor Carrier Act whose pay system includes overtime pay reasonably equal to that required by this law; farm employees; and employees in any industry where federal law provides overtime based on a workweek of other than 40 hours. The payment of a salary does not in and of itself exempt a worker from minimum wage and overtime requirements. Commissioned salespersons, primarily engaged in the business of selling cars and trucks retail, must be paid overtime after 40 hours weekly if paid the greater of (a) compensation at the state minimum hourly rate or more for each hour worked up to 40 per week and one and one-half times that rate for all hours worked over 40 or (b) a straight commission, a salary plus commission or a salary plus bonus applied to gross salary. Special overtime provisions apply to fire fighters and law enforcement officials (including security personnel in correctional institutions) who work tours of duty of from seven to 28 consecutive days. Twenty-four hour licensed health care facilities cannot require nurses to work overtime, although exceptions do apply.

Effective November 21, 2008, overtime pay for truck drivers requires payment of overtime for hours worked over 40 hours a week for interstate driving, including hours spent working out of state.