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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Washington employers must provide employees a paid rest break of at least 10 minutes
for each 4 hours worked. The rest period must be allowed no later than the end of the third
hour of the shift.
Employers must provide at least a 30 minute meal period if an employee works more than
5 hours in a shift. Employees must be at least two hours into the shift before the meal time
can start and the meal time cannot start more than five hours after the beginning of the
shift. Employers are not required to pay for meal periods if workers are free from any
duties for their entire meal period. Workers must be paid during their meal break when:
Wash. Admin. Code 296-126-092; WA Dept. of Labor: Break & Meal Periods.
Washington employers must provide employees a paid rest break of at least 10 minutes
for each 4 hours worked. The rest period must be allowed no later than the end of the third
hour of the shift.
Employers must provide at least a 30 minute meal period if an employee works more than
5 hours in a shift. Employees must be at least two hours into the shift before the meal time
can start and the meal time cannot start more than five hours after the beginning of the
shift. Employers are not required to pay for meal periods if workers are free from any
duties for their entire meal period. Workers must be paid during their meal break when:
- a) they are required or allowed to remain on duty
b) they are required to be on-call at the business premises or
designated worksite to be available to return to duty even if they are not
in fact called back to duty
c) they are called back to duty during their meal period even though they
normally are not on call during the meal period
Wash. Admin. Code 296-126-092; WA Dept. of Labor: Break & Meal Periods.
Vacation
In Washington, employers are not required to provide employees with vacation benefits,
either paid or unpaid. WA Dept. of Labor: Vacation Leave. If an employer chooses to
provide such benefits, it must comply with the terms of its established policy or
employment contract. WA Dept. of Labor: Vacation Leave.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See Lapo v. Avalon
Music, Inc., 2001 Wash. App. Lexis 1156 (2001); Walters v. Center Electric, Inc., 8 Wn. App.
322 (1973).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. See Walters v. Center Electric, Inc., 8 Wn. App. 322 (1973).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See WA Dept. of Labor & Industries FAQs.
An employer is not required to pay accrued vacation leave upon separation from
employment if the employer’s established policy or employment contract is silent on the
matter. See Lapo v. Avalon Music, Inc., 2001 Wash. App. Lexis 1156 (2001); Walters v.
Center Electric, Inc., 8 Wn. App. 322 (1973).
An employer may cap the amount of vacation leave an employee may accrue over time. See
Walters v. Center Electric, Inc., 8 Wn. App. 322 (1973).
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it. See Walters v. Center Electric, Inc., 8 Wn. App. 322 (1973).
In Washington, employers are not required to provide employees with vacation benefits,
either paid or unpaid. WA Dept. of Labor: Vacation Leave. If an employer chooses to
provide such benefits, it must comply with the terms of its established policy or
employment contract. WA Dept. of Labor: Vacation Leave.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See Lapo v. Avalon
Music, Inc., 2001 Wash. App. Lexis 1156 (2001); Walters v. Center Electric, Inc., 8 Wn. App.
322 (1973).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. See Walters v. Center Electric, Inc., 8 Wn. App. 322 (1973).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See WA Dept. of Labor & Industries FAQs.
An employer is not required to pay accrued vacation leave upon separation from
employment if the employer’s established policy or employment contract is silent on the
matter. See Lapo v. Avalon Music, Inc., 2001 Wash. App. Lexis 1156 (2001); Walters v.
Center Electric, Inc., 8 Wn. App. 322 (1973).
An employer may cap the amount of vacation leave an employee may accrue over time. See
Walters v. Center Electric, Inc., 8 Wn. App. 322 (1973).
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it. See Walters v. Center Electric, Inc., 8 Wn. App. 322 (1973).
Severance
Washington law does not require employers to provide employees with severance pay. WA
Dept. of Labor: Severance. If an employer chooses to provide severance benefits, it must
comply with the terms of its established policy or employment contract.
Washington law does not require employers to provide employees with severance pay. WA
Dept. of Labor: Severance. If an employer chooses to provide severance benefits, it must
comply with the terms of its established policy or employment contract.
Holidays
Washington law does not require employers to provide employees with either paid or
unpaid holiday leave. WA Dept. of Labor: Holiday Leave. In Washington, an employer can
require an employee to work holidays. An employer does not have to pay an employee
premium pay, such as 1 1/2 times the regular rate, for working on holidays, unless such
time worked qualifies the employee for overtime under standard overtime laws. If an
employer chooses to provide either paid or unpaid holiday leave, it must comply with the
terms of its established policy or employment contract.
Washington law does not require employers to provide employees with either paid or
unpaid holiday leave. WA Dept. of Labor: Holiday Leave. In Washington, an employer can
require an employee to work holidays. An employer does not have to pay an employee
premium pay, such as 1 1/2 times the regular rate, for working on holidays, unless such
time worked qualifies the employee for overtime under standard overtime laws. If an
employer chooses to provide either paid or unpaid holiday leave, it must comply with the
terms of its established policy or employment contract.
Minimum Wage
Washington's current minimum wage is $8.55. WA Dept. of Labor: Minimum Wage. Some
exceptions apply to Washington's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Washington, the state
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than federal law.
Washington's current minimum wage is $8.55. WA Dept. of Labor: Minimum Wage. Some
exceptions apply to Washington's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Washington, the state
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than federal law.
Overtime
Washington requires an employer to pay overtime to employees, unless otherwise
exempt, at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in
excess of 40 hours in a workweek. WA Dept. of Labor: Understanding Overtime. See
FLSA: Overtime for more information regarding overtime requirements.
Washington requires an employer to pay overtime to employees, unless otherwise
exempt, at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in
excess of 40 hours in a workweek. WA Dept. of Labor: Understanding Overtime. See
FLSA: Overtime for more information regarding overtime requirements.
Sick Leave
Washington law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. WA Dept. of Labor: Sick Leave. If an employer chooses to provide
sick leave benefits, it must comply with the terms of its established policy or employment
contract.
An employer in Washington may be required to provide an employee sick leave, including
paid leave if available by means of a policy or contract, in accordance with Washington's
Family Care Act and Family Leave Act and the federal Family and Medical Leave Act or other
federal laws.
Washington law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. WA Dept. of Labor: Sick Leave. If an employer chooses to provide
sick leave benefits, it must comply with the terms of its established policy or employment
contract.
An employer in Washington may be required to provide an employee sick leave, including
paid leave if available by means of a policy or contract, in accordance with Washington's
Family Care Act and Family Leave Act and the federal Family and Medical Leave Act or other
federal laws.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday and Sunday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
An employer must provide an employee sufficient leave of absence from work to serve as a
juror.
An employer may not discharge, threaten, coerce, or harass an employee, or deny an
employee promotional opportunities because the employee receives and/or responds to a
summons, serves as a juror, or attends court for prospective jury service.
Washington Stat. 2.36.165; Washington Juror's Guide
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
An employer must provide an employee sufficient leave of absence from work to serve as a
juror.
An employer may not discharge, threaten, coerce, or harass an employee, or deny an
employee promotional opportunities because the employee receives and/or responds to a
summons, serves as a juror, or attends court for prospective jury service.
Washington Stat. 2.36.165; Washington Juror's Guide
