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Jobs that don't require overtime pay
Most jobs require overtime pay. Here are several categories of workers who are not required to receive overtime pay. In order for these workers to not get overtime, there are several requirements that must be met. Please see the policies below or contact your nearest L&I office for more information or assistance.
Generally employers are covered by both state and federal overtime laws, and the law that is more to the benefit of the worker is the one that applies.
- Workers employed on farms or ranches, or in any agricultural or horticultural business that packs, packages, grades, stores, or delivers to market such products, or any commercial business in canning, freezing, processing or transporting these products, or in cultivating, raising, harvesting or processing oysters. This is true regardless whether the business produces their own products or mixes them with products from other businesses.
- Seasonal employees at agricultural fairs if the worker has not worked more than 14 days per year at any such fair.
- Newspaper vendors or carriers.
- Casual (occasional) labor in or about private residences such as babysitters or neighborhood kids or adults that go to residents in the area and mow lawns, rake leaves or use a snow blower to remove snow even when they are paid for this work. This overtime exemption does not apply to work done for a business performing these activities.
- Forest protection and fire prevention activities.
- Any individual whose duties require that he or she resides or sleeps at the place of his or her employment or who otherwise spends a substantial amount of time on call and not engaged in the performance of active duties. The duties must require that the worker sleeps or resides on the premises and to perform duties as part of the job. Note: Federal law may be different than state law in this exemption and a call to the U.S. Dept of Labor at 1-800-487-9243 should be made to determine whether or not the exemption applies under federal law. The higher law between the state and federal laws must be followed.
- Seaman on American or foreign vessel.
- Vessel operating crews of WA State ferries operated by DOT.
- Youth camps with child care responsibilities in development of character, citizenship, or health and physical fitness, for example YMCA, scout or church camps.
- Inmate, resident, or patient of any state, county, or municipal correctional, detention, treatment, or rehab institution.
- Public elective or appointive offices.
- Volunteers for a profit or nonprofit educational, charitable or religious organization or government agency, for example: Volunteers in city, state, church or school settings or for a non-profit business or agency, such as the United Way or a private school that is an educational, charitable, or religious business.
- Motion picture projectionists under collective bargaining agreement or other contract.
- Employees of an air carrier when such hours are voluntarily worked pursuant to a shift-trading practice.
- Executive, Administrative, Professional, Computer Professional and Outside Sales; workers who are paid on a salary basis and meet specific duties requirements. See State vs. Federal "White Collar" Overtime information.
The following jobs require payment of overtime, but workers may be paid on an alternative overtime payment method:
- Truck or bus drivers whose company has a “reasonably equivalent” overtime compensation plan approved by the Department of Labor and Industries.
- Commissioned salespeople selling vehicles including
cars, trucks, recreational vehicles, manufactured housing, farm implements
if they receive payment equal to time and one-half the minimum wage for
all hours worked. (See
Administrative
Policy ES.A.8.1.) - Retail or service establishment workers if they earn
more than half of their wages per week in commissions. (See Administrative
Policies
ES.A.10.1, 10.2
and 10.3 or contact
your nearest L&I office
for assistance.)
- Firefighters and police officers of public agencies who work certain tours of duty.
For more detail, see L&I
Admininistrative Policies:
Minimum Wage Act Applicability
(ES.A 1) (150 KB PDF)
- Outlines when and to whom the state Minimum Wage Act applies. State overtime
laws are included in the Minimum Wage Act.
Overtime (ES.A.8.1)
(161 KB PDF)
- Interprets when overtime is due and how it is paid, and when it is not
due.
How to Compute Overtime
(ES.A.8.2) (57 KB PDF)
Salary Basis for White
Collar Workers (ES.A.9.1) (106 KB PDF)
- Defines what constitutes a salaried worker.
Retail or Service Exception
(ES.A.10.1) (25 KB PDF)
- Explains how a retail or service employee could be exempt from overtime
if the position meets specific circumstances.
Q&A on Retail/Service
Exception (ES.A.10.2) (16 KB PDF)
Examples of Retail/Service
Businesses (ES.A.10.3) (21 KB PDF)
