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.

Minimum Wage, Overtime, Exemptions

Policy # Title Statute/Code
ES.A.1 Minimum Wage Act Applicability. (Updated July 15, 2014.) 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 March 10, 2020.) 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. RCW 49.46.090
ES.A.6 Collective Bargaining Agreements. (Updated June 4, 2005.) RCW 49.46.110 RCW 49.12.187
ES.A.7 More Favorable Laws. RCW 49.46.120
ES.A.8.1 Overtime. (Updated July 15, 2014.) RCW 49.46.130 WAC 296-126 WAC 296-128
ES.A.8.2 "How to Calculate Overtime". (Updated June 26, 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 Questions and Answers about Salary Basis. (Updated June 26, 2020.) RCW 46.49.010(5)(c) RCW 49.46.130(2)(a) WAC 296-128-500 through 545
ES.A.9.2 General Information Applicable to Exemptions from Minimum Wage Act for White Collar Workers. (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 Salespersons. (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. 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. (Updated December 21, 2016.) RCW 49.28.130, 140, 150
ES.A.12 Tips, Gratuities and Service Charges. RCW 49.46.020(3)(c)
ES.A.13 Minimum Wage Act - Washington-Based Employee. RCW 49.46 WAC 296-128

Paid Sick Leave

Industrial Welfare and Related Acts

Policy # Title Statute/Code
ES.C.1 Industrial Welfare Act: Applications, Exemptions, and Interpretations. (Updated June 24, 2005.) RCW 49.12
WAC 296-126 WAC 296-125 WAC 296-131
ES.C.2 Hours Worked. (Updated September 2, 2008.) 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 (under revision). 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 Agricultural Labor Standards - Meal Periods, Rest Periods, and Rates of Pay. (Updated March 10, 2020.) RCW 49.30
WAC 296-131-020
ES.C.7 Employee Access to Personnel Files. 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 (FAQ) about the Family Care Act. (Updated August 6, 2014.) 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

Record Keeping Requirements