The following administrative policies are the current opinions of the Department of Labor & Industries about how the major labor laws under its jurisdiction should be applied. These policies do not replace the laws and regulations, but are intended only as a guide and interpretation of the laws and regulations. These policies remain in effect as of the date noted in each, until such time as they are modified, removed, or new policies added.

New health care labor standards requirements go into effect July 1, 2024. Find out more at www.lni.wa.gov/laborpolicy.

Minimum Wage, Overtime, Exemptions

Policy # Title Statute/Code
ES.A.1 Minimum Wage Act Applicability. (Updated December 29, 2020). Based on recent legislation, impacted sections of this policy are currently under revision.​ RCW 49.46 WAC 296-128
ES.A.2 Definition of Wage. (Updated July 15, 2014) RCW 49.46.010(7)
ES.A.3 Minimum Hourly Wage. (Updated April 6, 2023) RCW 49.46.020 WAC 296-126 WAC 269-125 WAC 296-131
ES.A.4 Special Education Student Exemption from Minimum Wage.  RCW 49.46.060 WAC 296-128
ES.A.5 Payment of Wages Less Than Minimum Wage - Employer's Liability. (Updated April 6, 2023)​ RCW 49.46.090​ RCW 49.46.120​
ES.A.6 Collective Bargaining Agreements, Employment Agreements, and Policies. (Updated April 6, 2023)​ RCW 49.46.110 RCW 49.12.187
ES.A.7 Prior content for policy ES.A.7 can be found in  ES.A.5 as of April 6, 2023​.
ES.A.8.1 Overtime. (Updated April 6, 2023)​ RCW 49.46.130 WAC 296-126 WAC 296-128
ES.A.8.2 "How to Compute Overtime". (Updated June 6, 2020) RCW 49.46.130​
ES.A.8.3 Process Protocols for Reasonably Equivalent Overtime Compensation Plans for Truck & Bus Drivers (under revision) RCW 49.46.130(2)(f) WAC 296-128-011 and -012
ES.A.9.1 Salary Basis for White Collar Workers. (Updated June 26, 2020) RCW 46.46.010(5)(c) RCW 49.46.130(2)(a) WAC 296-128-500 through 545​
ES.A.9.2 General Application White-Collar Positions. (Updated June 26, 2020)​ RCW 49.46.010(3)(c) RCW 49.46.130(2)(a) WAC 296-128-500 through 545​
ES.A.9.3 Exemption from Minimum Wage Act Requirements for Executive Employees. (Updated June 26, 2020)​ RWC 49.46.010(3)(c) RCW 49.46.130(2)(a) WAC 296-128-510​
ES.A.9.4 Exemption from Minimum Wage Act Requirements for Administrative Employees. (Updated June 26, 2020)​ RWC 49.46.010(3)(c) RCW 49.46.130(2)(a) WAC 296-128-520​
ES.A.9.5 Exemption from Minimum Wage Act Requirements for Professional Employees. (Updated June 26, 2020)​ RCW 49.46.010(3)(c) RCW 49.46.130(2)(a) WAC 296-128-530​
ES.A.9.6 Exemption from Minimum Wage Act Requirements for Computer Professional Employees. (Updated June 26, 2020)​ RWC 49.46.010(3)(c) RCW 49.46.130(2)(a) WAC 296-128-535​
ES.A.9.7 Exemption from Minimum Wage Act Requirements for Outside Sales Persons. (Updated June 26, 2020)​ RCW 49.46.010(3)(c) RCW 49.46.130(2)(a) WAC 296-128-540​
ES.A.9.8 Definition of Fee Basis in Administrative, Professional, and Outside Sales Positions. (Updated June 26, 2020)​ RCW 49.46.010(3)(c)
RCW 49.46.130(2)(a)
WAC 296-128​
ES.A.9.9 Salary Thresholds for Exemption From Minimum Wage Act for White-Collar Workers​. (Updated June 26, 2020)​ RCW 49.46.010(3)(c)
WAC 296-128-535
WAC 296-128-545​
ES.A.10.1 Retail or Service Establishment Commission Overtime Exception. (Updated July 15, 2014.) RCW 49.46.130(3)
ES.A.10.2 Frequently Asked Questions (FAQ) Retail/Service Establishment Sales Exception. RCW 49.46.130(3)
ES.A.10.3 Examples of Retail Sales and Service Establishments. RCW 49.46.130(3)
ES.A.11 Law Restricting Mandatory Overtime for Nurses. (Repealed June 14, 2024. See HLS.A.1​ below)​ RCW 49.28.130, 140, 150
ES.A.12 Tips, Gratuities and Service Charges. RCW 49.46.020(3)(c)
ES.A.12.2 Tips, Gratuity, and Service Charge Examples. RCW 49.46 WAC 296-128​
ES.A.13 Minimum Wage Act - Washington-Based Employee. RCW 49.46 WAC 296-128
ES.A.14 Minimum Wage Act - Employment Relationships​. RCW 49.46​ WAC 296-128​

Paid Sick Leave

Policy # Title Statute/Code
ES.B.1 Paid Sick Leave - Frequently Asked Questions. (Updated December 7, 2021). Based on recent legislation, impacted sections of this policy are currently under revision.​ RCW 49.46 WAC 296-128
ES.B.2 Paid Sick Leave - Normal Hourly Compensation​. RCW 49.46.210(1)(i)
WAC 296-128-670​

Industrial Welfare and Related Acts

Policy # Title Statute/Code
ES.C.1 Industrial Welfare Act: Applications, Exemptions, and Interpretations. (Updated April 6, 2023) RCW 49.12
WAC 296-126
WAC 296-125
WAC 296-131​
ES.C.2 Hours Worked (Updated July 19, 2021) RCW 49.12
WAC 296-126​
ES.C.3 Commissions, Piecework and Minimum Wage Requirements WAC 296-126-021
ES.C.4.1 School Week and Work Week for Minors​ (Updated September 25, 2024) RCW 49.12
RCW 49.30 RCW 13.64.010
WAC 296-125-027
WAC 296-131-120
ES.C.4.2 Minors and Bloodborne Pathogens in Non-Medical Settings RCW 49.12
RCW 49.17
WAC 296-125-030
WAC 296-823
ES.C.4.3 Driving by Minors in Non-Agricultural Jobs RCW 49.12
WAC 296-125-030
ES.C.5 Payment Interval (Repealed May 16, 2007. See links to the right.) WAC 296-126-023, WAC 296-131-010, and WAC 296-128-035
ES.C.6.1 Meal and Rest Periods for Non-Agricultural Workers Age 18 and Over​. (Updated December 1, 2017) RCW 49.12
WAC 296-126-092
ES.C.6.2 Meal and Rest Periods and Rates of Pay for Agricultural Workers (Updated December 28, 2021) RCW 49.30
WAC 296-131-020
ES.C.7 Employee Access to Personnel File RCW 49.12.240, .250, .260
ES.C.8.1 Employee Wearing Apparel and Uniforms RCW 49.12.450
ES.C.8.2 Frequently Asked Questions (FAQ) About Employee Wearing Apparel RCW 49.12.450
ES.C.9 Variances from Industrial Welfare Act RCW 49.12
ES.C.10 Frequently Asked Questions About the Family Care Act (Updated August 6, 2014). Based on a recent court decision, impacted sections of this policy are currently under revision​. RCW 49.12.265, .270, .275, .280, .285, .290 and .295
WAC 296-130
ES.C.11 Protocol for Student-Learner Exemption (under revision) RCW 49.12
WAC 296-125-030
WAC 296-131-125
ES.C.12 ​Military Family Leave Act.​ RCW 49.77​

Record Keeping Requirements

Policy # Title Statute/Code
ES.D.1 Recordkeeping and Access to Payroll Records (Non-agricultural Employment)​. (Updated April 6, 2023) RCW 49.12.050
WAC 296-126
RCW 49.46.040
RCW 49.46.070
WAC 296-128
ES.D.2 Recordkeeping and Access to Payroll Records (Agricultural Employment) (Updated December 7, 2021) RCW 49.30
WAC 296-131

Equal Pay and Opportunities Act

Policy # Title Statute/Code
ES.E.1 Equal Pay and Opportunities Act​ RCW 49.58

Healthcare Labor Standards

Policy # Title Statute/Code
HLS.A.1 Mandatory Overtime Restrictions for Certain Healthcare Employees​​ RCW 49.28.130​, 140​, 150​​
HLS.A.2 Meal and Rest Breaks for Certain Healthcare Employees​​ RCW 49.12.480​, RCW 49.12.483​, WAC 296-126-092​​

Visit the Employment Standards engagement site to view the program’s current policy development efforts and provide feedback on draft administrative policies.