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Washington Overtime Laws

Washington has some of the strongest wage protections in the nation, with the highest minimum wage ($17.13 statewide, $21.30 in Seattle) and NO tip credit. We recover unpaid overtime for WA workers.

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Calculate Your Unpaid Overtime

Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).

How Are You Paid?

$ /hour
hours
Must be your *paid* hours (can be under 40)
weeks
Default is 1 year (52 weeks). Adjust if different.

Did You Perform Work Off-the-Clock?

This includes work before/after shifts, during breaks, or from home that wasn't recorded or paid.

This calculation is an estimate based on applicable labor laws. Your actual recovery may vary based on state laws and specific circumstances.

Washington vs. Federal Overtime Laws

πŸ”‘ Key Fact: Washington Has Superior Protections

Washington's minimum wage is $9.88 higher than federal ($17.13 vs $7.25). Seattle workers earn even more at $21.30/hour. Washington also has NO tip credit β€” tipped workers get the full minimum wage plus tips.

Provision Washington Law Federal FLSA Which Applies?
Minimum Wage $17.13/hour (Seattle: $21.30) $7.25/hour WA (higher)
Tipped Wage $17.13/hour (no tip credit) $2.13/hour WA (much higher)
Overtime Pay 1.5Γ— after 40 hrs/week 1.5Γ— after 40 hrs/week Same
Exempt Salary Threshold $80,168/year ($1,541/week) $35,568/year ($684/week) WA (stricter)
Statute of Limitations 3 years 2-3 years WA (automatic 3)
Meal/Rest Breaks Required (30 min meal, 10 min rest) Not required WA (mandatory)
Paid Sick Leave 1 hr per 40 hrs worked Not required WA (mandatory)

Common Washington Overtime Violations

πŸ’» Tech Industry Misclassification

Seattle-area IT support, QA engineers, and junior developers wrongly labeled as exempt "computer professionals" despite not meeting salary or duties tests.

β˜• Tip Theft & Pooling

Even with WA's no-tip-credit law, restaurants still violate rules by taking tip pool cuts, requiring tip sharing with managers, or miscalculating overtime on tipped earnings.

🚚 Gig Worker Misclassification

Amazon, delivery apps, and logistics companies treating drivers as 1099 contractors when they're really employees entitled to minimum wage and overtime.

πŸ—οΈ Construction Off-the-Clock

Unpaid travel time between job sites, mandatory pre-shift meetings, and equipment loading not counted as work hours.

🍎 Agricultural Violations

Apple orchards, vineyards, and hop farms in Eastern WA denying overtime to harvest workers who now have protections under state law.

⏰ Break Violations

Washington requires paid rest breaks and meal periods. Many employers skip breaks or auto-deduct lunch without actually providing one.

Common Violations by Washington Region

Seattle / King County

Tech, Retail & Hospitality:

  • Tech Workers: "Exempt" IT misclassification
  • Retail: Secure scheduling violations
  • Restaurants: Tip pool abuse

Tacoma / Pierce County

Ports, Logistics & Healthcare:

  • Port Workers: Unpaid waiting time
  • Warehouses: Piece-rate miscalculations
  • Healthcare: Missed break claims

Eastern Washington

Spokane, Tri-Cities, Yakima:

  • Agriculture: Farm worker OT denials
  • Wineries: Seasonal misclassification
  • Food Processing: Line speed violations

Vancouver / Clark County

Cross-Border & Manufacturing:

  • Manufacturers: Salary without OT
  • Construction: Day rate violations
  • Retail: Off-the-clock tasks

What You Can Recover Under Washington Law

Washington Wage Recovery

πŸ’° Full Unpaid Wages

Recover 100% of unpaid minimum wage and overtime going back 3 years under WA law.

βš–οΈ Double Damages

Washington law provides double damages for willful violations. Federal FLSA also offers liquidated damages.

πŸ“‹ Attorney Fees

Both state and federal law require employers to pay your attorney fees if you win.

Seattle Advantage: Higher Base Recovery

Seattle's $21.30/hr minimum means bigger payouts for minimum wage violations. A worker owed 10 hours of back wages recovers $213 (Seattle) vs. $72.50 (federal).

Why Washington Cases Are Stronger

Washington has some of the strongest worker protection laws in the United States, with benefits that significantly exceed federal standards.

πŸ’΅
Highest Min Wage
$17.13 statewide, $21.30 in Seattle β€” nearly 3Γ— federal.
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$80K Exempt Threshold
WA requires $80,168/yr salary to be exempt β€” 2Γ— federal.
β˜•
No Tip Credit
Tipped workers get full minimum wage PLUS tips.
⏸️
Mandatory Breaks
Paid 10-min rest and 30-min meal breaks required.

πŸ’° Washington workers often recover significantly more than federal law alone

Why Choose Our National Wage Recovery Team

While Paul M. Botros is licensed in Texas and Florida, we successfully help Washington workers recover unpaid wages through our network of skilled WA attorneys. We partner with experienced local counsel or obtain special admission (pro hac vice) to ensure you get both specialized wage expertise and Pacific Northwest court knowledge.

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Wage & Hour Focus
We focus exclusively on unpaid wage cases β€” it's all we do.
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WA Local Partners
We work with experienced Washington employment attorneys.
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No Win, No Fee
Contingency basis β€” you pay nothing unless we recover wages.
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Free Consultation
Get a case evaluation at no cost β€” find out what you're owed.

Frequently Asked Questions

What is the minimum wage in Washington State in 2026?

The Washington statewide minimum wage is $17.13/hour as of January 1, 2026. Seattle has a higher minimum of $21.30/hour. Other cities like Bellingham, SeaTac, and Tukwila also have higher local minimums.

Does Washington have a tip credit?

No. Washington is one of 7 states with no tip credit. Tipped employees must receive the full minimum wage ($17.13 statewide) before tips are added.

How far back can I recover unpaid wages in Washington?

Under Washington state law, you can recover unpaid wages going back 3 years. For willful violations under federal FLSA, the lookback is also 3 years.

Are tech workers in Seattle entitled to overtime?

Many are. To be exempt as a "computer professional," you must earn at least $684/week salary AND perform exempt-level duties (system design, not help desk). Many IT support, QA testers, and junior developers are misclassified.

Does Washington require meal and rest breaks?

Yes. Washington requires a paid 10-minute rest break for every 4 hours worked and a 30-minute unpaid meal break for shifts over 5 hours. Break violations can trigger wage claims.

Are farm workers entitled to overtime in Washington?

Yes. As of 2024, Washington agricultural workers are entitled to overtime after 40 hours/week. This was phased in starting 2022 and is now fully in effect.

Can I sue for double damages in Washington?

Yes. Washington law allows double damages for willful wage violations. Additionally, federal FLSA provides liquidated damages of equal wages owed.

Do I have to pay for a consultation about my unpaid wages?

No. We offer free consultations and handle all wage claims on a contingency fee basis β€” you pay nothing unless we recover money for you.

Get Your Free Case Evaluation

Expert legal review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.

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