Understanding Overtime	en español

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Common questions about overtime rules

What is overtime?

Most workers who are paid an hourly wage and work more than 40 hours in a 7-day work week must be paid overtime. When paying overtime, a business must pay at least one and one-half times the worker’s regular hourly rate.

Is working overtime mandatory?

Yes. Businesses may make overtime mandatory even if the workers do not want to do so, and even on a day that is normally a scheduled day off. (Exception: registered nurses and licensed practical nurses. Get information here on nurses’ overtime rules.)

Questions about alternatives to overtime

• When does a business NOT have to pay overtime?

  Most workers paid by the hour must be paid overtime for working more than 40 hours in a 7-day work week, but some do not. For a partial list of the types of workers who may not be required to be paid overtime, please go to Jobs Not Paid Overtime.

• Can a business and worker agree to waive overtime pay?

  No. Workers cannot waive their right to overtime pay. Businesses are required to pay time-and-one-half the regular rate for hours worked over 40 per week, even if the worker requests to work overtime hours without overtime pay.

• What about agreements to take time off later instead of overtime pay?

  Washington law allows a worker to request time off at a later time instead of being paid overtime wages in each pay period. This is sometimes called “comp time” or “exchange time.”

  • When the employee takes the time off, it must be at the rate of at least an hour and one-half for each overtime hour worked. In other words, the employee must either be paid overtime wages at time and one-half or be allowed to take an hour and one-half off for each overtime hour worked.
  • The comp or exchange hours may be paid at the regular rate.
  • Comp or exchange time must be at the employee’s request and must be agreed to by the employee. Compensatory time is considered a benefit to the employee and the employer may not impose the requirement on any employee who has not made such a request.
    Note: Federal law does not allow these types of agreements except for public employers and their employees, so most businesses and workers cannot enter into these agreements. Contact the U.S. Department of Labor at 1-866-487-9243 for further information.

Questions about hours and days worked

• What is a work week?

  A work week is a seven-day period of time that begins on the same day every week. It must be established by the business as the basis for paying its workers.

• What if the worker is on the job for more than 80 hours in a two-week pay period?

  Overtime is based on the number of hours worked in a seven-day work week, not on the pay period. Some pay periods can be more than 80 hours long because of the number of work days in the pay period.

• What if the worker is on the job for more than 8 hours in one day?

  Overtime is based on the number of hours worked in a seven-day work week, not the number of hours worked on any one day during that week. There may be exceptions for Prevailing Wage work.

• Does a business have to pay overtime to workers who work on a holiday?

  Businesses may choose to pay overtime to workers who work on a holiday, but the law does not require them to do so. There may be exceptions for Prevailing Wage work.

• Are there any limits on the number of hours that a business can require their workers to work?

  No. Consult this page on Overtime Pay for information about working more than 40 hours in a week.
  
  There ARE limitations on the number of work hours that teen workers under age 18 can work. See Teen Workers: Hours of Work for more information.

• Are paid holidays on which the worker did not work included in calculating overtime hours?

  No. Overtime must be paid during a holiday week only if the worker actually worked more than 40 hours in the same work week.

Questions about overtime pay rates

• Are businesses required to pay double time for any reason?

  Generally, double time pay is not required by law, except potentially on a public works project that is paid according to prevailing wage. Please select the following link for more information about prevailing wage.

• Are workers entitled to overtime pay when paid at different hourly rates?

  Yes. Please call your nearest L&I office for help in determining the correct overtime pay rate.

• Are tips included when a business figures the “time-and-a-half” wage for overtime?

  No. Tips and gratuities are not part of the worker’s wage and are not included in the overtime calculation.

Questions about different types of workers and businesses

• Must workers who are earning “prevailing wage” be paid overtime?

  Yes. Please go to the Prevailing Wage section for more information on this type of work.

• Are workers paid on a salary or by commission or piece rate entitled to overtime pay?

  Workers paid on a salary or by commission or piece rate may or may not have to be paid overtime.
  
  This must be determined on a case-by-case basis. Please contact your nearest L&I office to get help deciding whether a worker must be paid overtime.
  
  For a partial list of the types of workers who may not be required to be paid overtime, go to Jobs Not Paid Overtime.

• Must small businesses pay overtime?

  Yes. The business must pay overtime no matter how many workers it employs.

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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)