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Administrative Policies

Workplace Rights/Employment Standards Administrative Policies

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.

Recent Updates and Changes to Employment Standards Administrative Policies (493 KB PDF).

Current Workplace Rights/Employments Standards Administrative Policies
Policy # Title PDF Size Statute/Code
Minimum Wage, Overtime, Exemptions
ES.A.1 Minimum Wage Act Applicability (updated July 15, 2014) 188 KB RCW 49.46
WAC 296-128
ES.A.2 Definition of Wage (updated July 15, 2014) 89 KB RCW 49.46.010(2)
ES.A.3 Minimum Hourly Wage (updated July 15, 2014) 184 KB RCW 49.46.020
WAC 296-126
WAC 296-125
WAC 296-131
ES.A.4 Special Education Student Exemption from Minimum Wage 27 KB RCW 49.46.060
WAC 296-128
ES.A.5 Payment of Wages Less Than Minimum Wage - Employer's Liability 35 KB RCW 49.46.090
ES.A.6 Collective Bargaining Agreements 45 KB RCW 49.46.110
RCW 49.12.187

More Favorable Laws

23 KB

RCW 49.46.120

ES.A.8.1 Overtime (updated July 15, 2014) 337 KB RCW 49.46.130
WAC 296-126
WAC 296-128
ES.A.8.2 "How to Compute Overtime" (updated July 15, 2014) 162 KB
ES.A.8.3 Process Protocols for Reasonably Equivalent Overtime Compensation Plans for Truck & Bus Drivers (under revision) 126 KB RCW 49.46.130(2)(f)
WAC 296-128-011 and -012
ES.A.9.1 Salary Basis for White Collar Workers (updated July 15, 2014) 192 KB RCW 49.46.010 (5)(c)
RCW 49.46.130 (2)(a)
WAC 296-128
500 through 533
ES.A.9.2 General Application White-Collar Positions (updated July 15, 2014) 166 KB  
ES.A.9.3 Exemption from Minimum Wage and Overtime for Executive Positions (updated July 15, 2014) 195 KB  
ES.A.9.4 Exemption from Minimum Wage and Overtime Requirements for Administrative Positions (updated July 15, 2014) 208 KB  
ES.A.9.5 Exemption from Minimum Wage and Overtime Requirements for Professional Positions (updated July 15, 2014) 207 KB  
ES.A.9.6 Exemption from Minimum Wage and Overtime Requirements for Computer Professional Positions (updated July 15, 2014) 207 KB  
ES.A.9.7 Exemption from Minimum Wage and Overtime Requirements for Outside Sales Positions (updated July 15, 2014) 247 KB  
ES.A.9.8 Definition of Fee Basis in Administrative, Professional, and outside Sales Positions (updated July 15, 2014) 165 KB  
ES.A.10.1 Retail or Service Establishment Commission Overtime Exception (updated July 15, 2014) 166 KB RCW 49.46.130(3)
ES.A.10.2 Frequently Asked Questions (FAQ) Retail/Service Establishment Sales Exception 34 KB RCW 49.46.130(3)
ES.A.10.3 Examples of Retail Sales and Service Establishments 38 KB RCW 49.46.130(3)
ES.A.11 Law Restricting Mandatory Overtime for Nurses 210 KB RCW 49.46.130, 140, 150
ES.A.12 Tips, Gratuities and Service Charges 159 KB RCW 49.46.020(3)(c)
Deductions and Termination Wages
ES.B.1 Payment of Final Wages and Deductions Upon Termination.   Repealed May 16, 2007. See WAC 296-126-025
ES.B.2 Deductions from Wages, Failure to Pay Wages, Rebate of Wages, Penalties.   Repealed May 16, 2007. See WAC 296-126-028
Industrial Welfare and Related Acts
ES.C.1 Industrial Welfare Act: Applications, Exemptions, and Interpretations 109 KB RCW 49.12
WAC 296-126
ES.C.2 Hours Worked (updated September 2, 2008) 84 KB RCW 49.12
WAC 296-126-002(8)
ES.C.3 Commissions, Piecework and Minimum Wage Requirements 26 KB WAC 296-126-021
ES.C.4.1 School Week and Work Week for Minors (under revision) 55 KB 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 48 KB WAC 296-125-030
WAC 296-823

Driving by Minors in Non-Agricultural Jobs

52 KB
ES.C.5 Payment Interval (Repealed May 16, 2007. See links to the right.)   WAC 296-126-023, WAC 296-131-010, and WAC 296-126-035
ES.C.6.1 Meal and Rest Periods 159 KB RCW 49.12
WAC 296-126-092
ES.C.6.2 Meal and Rest Periods for Agricultural Workers 167 KB RCW 49.30
WAC 296-131-020
ES.C.7 Employee Access to Personnel Files 41 KB RCW 49.12.240, .250, .260
ES.C.8.1 Employee Wearing Apparel and Uniforms 41 KB RCW 49.12.450
ES.C.8.2 Frequently Asked Questions (FAQ) about Employee Wearing Apparel 32 KB RCW 49.12.450
ES.C.9 Variances from Industrial Welfare Act 32 KB RCW 49.12
ES.C.10 Family Care Act (Updated August 6, 2014.) 219 KB RCW 49.12.265, .270, .275, .280, .285, .290 and .295
WAC 296-130
ES.C.11 Protocol for Student-Learner Exemption (under revision) 103 KB

RCW 49.12
WAC 296-125-030
WAC 296-131-125

Record Keeping Requirements
ES.D.1 Recordkeeping and Access to Payroll Records (Non-agricultural Employment) 67 KB 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) 58 KB RCW 49.30
WAC 296-131

Family Leave Act - Frequently Asked Questions

49 KB RCW 49.78

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