Washington State Labor and Employment Law

Washington Minimum Wage and Rest Breaks

Minimum wage in Washington is $8.55 per hour as of January 1, 2009. This minimum wage applies to workers in both agriculture and non-agriculture jobs. However, 14- and 15-year-olds may be paid 85 percent of the minimum wage, which works out to $7.27 an hour. Washington is one of 10 states that adjusts its minimum wage based on inflation.

Workers must be given a paid rest break of at least 10 minutes for every four hours worked. This 10 minutes can be all at once or broken up into smaller "mini" breaks. Workers must be allowed at least a 30 minute meal break if they work more than five hours in a shift and this meal break must be at least two hours into the shift but no more than five hours after the start of the shift. Workers who are required to remain on duty during their meal break, or must be on-call at the work site, must be paid for their 30-minute meal break.

Washington Employment Discrimination

Washington State Department of Labor & Industries does not have jurisdiction over discriminatory treatment based on age, sex, marital status, religion, race, national origin, or mental, physical or sensory handicap. People who believe they have been discriminated against in their employment can contact a lawyer for legal advice.

Washington State Laws About Caring for Family

The Family Care Act (2002) allows workers who have available paid sick leave or paid time off to use that time to care for a sick child with a routine illness; a spouse, parent, parent-in-law or grandparent with a serious or emergency health condition; and an adult child with a disability. The Family Care Act does not cover siblings, domestic partners, aunts and uncles, grandparents-in-law or grandchildren.

Washington law does not require employers to give workers paid holiday, vacation, sick or bereavement leave. However, if an employer agrees to give these benefits and then fails to do so, the employee may be eligible to file a lawsuit against the employer.

At Will Employment

Washington is an "at will" employment state. As such, at-will employees can be terminated for any reason, except reasons that are deemed to be illegal, such as on the basis of race, nationality or sexual orientation, or because the employee refuses to break a law. Employees who are covered by an employment contract can usually only be terminated for the reasons set out in the contract, unless the employer shows proof that the employee is an at-will employee.

Employees in Washington cannot be fired for filing a workplace rights complaint, a safety complaint or an injured worker claim.

The Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act is a federal law regarding employee wages and hours worked, including overtime hours and wages. Under the FLSA, some workers can be exempted from overtime pay. However, those workers must fit the criteria the FLSA sets out for exemption. Washington's laws also apply to employment subject to the FLSA. In cases where both the FLSA and state law apply, the law setting the higher standards must be observed.

More information on how the Fair Labor Standards Act applies to overtime can be found here.

Family Medical Leave Act (FMLA)

The Family Medical Leave Act (FMLA) is a federal act that requires covered employers to provide up to 12 weeks of unpaid leave to eligible employees for the following reasons: birth and care of the employee's newborn child; care for a child after adoption or foster care placement; care for the employee's spouse, child or parent with a serious health condition; or for a serious health condition that affects the employee's ability to work.

Employees are eligible for FMLA coverage if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months (not necessarily consecutive months) and if a minimum of 50 employees are employed by the same employer within 75 miles.

Covered employers are those who employ more than 50 employees within 75 miles of the worksite and have at least 50 employees who work 20 or more work-weeks in the current calendar year or the previous calendar year. Public agencies are covered by the FMLA regardless of the number of employees.

Occupational Safety and Health Act (OSHA)

The Occupational Safety and Health Act is a federal law enacted to ensure that employees work in an environment that is free from recognized hazards. It is part of the United States Code, Title 29, Chapter 15.

Employees who feel their rights have been violated may have the opportunity to bring their complaint before the courts.