Introduction to employment laws in Washington
Overview
Employers operating in Washington must navigate a complex landscape of regulations. Compliance is not only a legal mandate, but also a key factor in maintaining employee trust, avoiding costly litigation, and ensuring business continuity.
In this guide, we’ll help keep you compliant as you onboard and manage workers in Washington.
Employing in Washington: Key employment laws and practices
Standard work hours
Though not codified in state law, the benchmark for full-time employment in Washington is between 32 and 40 hours per week, and it applies to various employment categories.
Minimum wage and overtime
Washington has a progressive approach toward workers’ compensation. The state’s minimum wage for private sector employees stands at $16.28 per hour, with certain areas like Seattle having even higher rates.
Beyond the 40-hour standard work week, any additional hours worked are considered overtime. The state adheres to the federal Fair Labor Standards Act (FLSA), entitling non-exempt employees to an overtime rate of 1.5 times their regular pay rate. There are no extra provisions for work on weekends or rest days unless the employer requests work under exceptional circumstances.
For salaried employees specifically, their exemption from overtime pay is determined by two factors: salary threshold and job duties. If an employee’s weekly earnings exceed the state or federal exemption threshold—currently set at $1,101.80 for companies with 25 or fewer employees and $1,259.20 for companies with 26 or more employees—and they perform executive, managerial, or specific professional duties, they are generally exempt from overtime.
Insurance and benefits
While there are no specific Washington laws mandating employers to provide health, dental, or vision insurance, many organizations do so as part of competitive compensation packages. Retirement benefits such as 401k contributions also form part of these packages but are not legally required.
Employers in Washington are responsible for making several payroll contributions including unemployment insurance, which ranges between 1.25%-8.15% and depends on the size of the company and industry. Contributions towards FICA Social Security (6.20%) and FICA Medicare (1.45%) are also required.
Benefit | Details |
Unemployment insurance | 0.27% – 6.02% (1.25% – 8.15% for delinquent employers) on taxable wage base of $68,500 |
Workers’ compensation insurance | For employers of one or more full- or part-time employees, required to carry |
FICA Social Security | 6.20% |
FICA Medicare | 1.45% |
Multiplier makes it easy to manage benefits for Washington employees.
Meal and rest periods
In Washington, employment laws establish guidelines for breaks and meal periods, offering employees the opportunity to rest during work hours.
Under state law, all employees are entitled to a break of at least 10 minutes for every four hours worked. For workdays exceeding five hours, employees are entitled to a minimum of a 30-minute meal period occurring sometime between two and five hours from the work shift’s start. Another 30-minute meal break is due employees who work at least three hours past the normal conclusion of their shift.
Per federal rules found in the FLSA, if an employee is fully relieved of all work-related duty for the duration of a meal break, it need not be paid. Under the same set of federal rules, all breaks of 20 minutes or less must be paid.
Anti-discrimination laws
Discrimination in the workplace is prohibited under both federal and Washington state laws. Businesses operating in Washington are required to comply with these anti-discrimination laws, which extend protection beyond federal guidelines. Inclusive of disability, sex, race, age, national origin, religion, and color, these laws also provide protection based on military status, sexual orientation, gender identity or expression, marital status, use of service animals, and HIV/AIDS status.
Washington law also prohibits discrimination based on pregnancy or childbirth and related medical conditions. Notably, businesses must provide reasonable accommodation for pregnant employees unless it would impose an undue hardship on the business. Washington HR compliance calls for employers to take active steps to prevent discriminatory practices and promote equal opportunity regardless of one’s protected class status.
Leave policies
There are various types of leave under Washington employment laws that businesses must adhere to. There is no state statute governing vacation time. However, it’s common practice for employers to offer paid or unpaid vacation leave as stipulated in collective bargaining agreements.
Under Washington State’s Paid Sick Leave law, employers must provide paid sick leave to their employees. Employees accrue at least one hour of paid sick leave for every 40 hours worked.
The Family and Medical Leave Act (FMLA) grants eligible employees up to 12 weeks of unpaid, job-protected leave per year for the birth of a child, or the placement of a child for adoption or foster care.
Washington mandates up to three days of paid leave for bereavement per the bereaved employee’s need.
Leave type | Details |
Vacation leave | Determined by employer |
Sick leave | At least one hour paid sick leave for every 40 hours worked |
Parental and maternity leave | Up to 12 weeks unpaid, job-protected leave |
Bereavement leave | up to three days paid leave required per bereaving employee’s need |
Jury duty | Unpaid leave |
Military leave | Protection against discrimination |
Easily onboard employees in Washington?
Termination laws
Termination of employment in Washington is generally considered at-will, which means both the employer and employee can end the employment relationship without notice or reason. However, there are exceptions in cases of mass dismissals, where the federal Worker Adjustment and Retraining Notification Act (WARN) imposes requirements on employers.
Certain employment contracts may contain termination clauses that restrict employers from terminating employees. In such cases, permissible grounds are typically negotiated on a case-by-case basis. It’s important to note that discriminatory or retaliatory terminations are strictly illegal under Washington employment laws.
Safety and health
Employers in Washington State are required to provide a safe and healthy workplace for their employees according to the Washington Industrial Safety and Health Act (WISHA). These safety regulations include specific industry standards, as well as general rules applicable to most workplaces such as proper maintenance of workspaces and equipment.
In case of workplace injuries, employers are required to report them to the Washington State Department of Labor and Industries. Employers, particularly those in high-risk industries, may need to implement additional safety precautions, training, and protective equipment.
Taxes in Washington
Washington businesses should be aware of the various types of taxes they’re responsible for. These include Employment Training Tax, Federal Unemployment Tax Act (FUTA tax), Social Security, and Medicare. For employers in Washington, the Federal Insurance Contributions Act (FICA) mandates a 6.2% Social Security tax and a 1.45% Medicare tax.
However, it’s important to note that Washington has no state income tax. This means the employees’ paychecks won’t have any withholdings for state taxes. On the federal level, income tax rates range from 10% to 37%, depending on the employee’s income.
| Type of tax | Employer contribution | Employee contribution |
| Unemployment insurance | 0.27% – 6.02% (1.25% – 8.15% for delinquent employers) on taxable wage base of $68,500 | Not applicable |
| Social Security | 6.20% | 6.20% |
| Medicare | 1.45% | 1.45% |
| FUTA tax | 0.60% – 6.00% | Not applicable |
Managing Washington employees with an Employer of Record (EOR)
Understanding the complexities of both federal and Washington employment laws is crucial for businesses looking to hire in the state.
Multiplier offers an all-in-one solution that helps you navigate these complexities. Our Employer of Record (EOR) software allows businesses to legally employ full-time workers in Washington without setting up local entities.
Our Global Payroll platform, meanwhile, lets you process payroll for all your employees, local and international, on time while managing local taxes, contributions, and withholdings.
Our user-friendly platform enables HR, finance and executive leaders to hire, onboard, pay and manage their teams from a single interface. By partnering with Multiplier, your company can focus on growth and innovation, assured that your HR compliance needs are in expert hands.
Book a demo today and discover how Multiplier can streamline your HR and compliance processes.
FAQs
Full-time employment in Washington is generally considered to be between 32 and 40 hours per week. Any hours worked beyond 40 hours per week are considered overtime and are subject to overtime pay under the Fair Labor Standards Act (FLSA), which is 1.5x the regular pay rate.
In Washington, employers have various payroll contributions. These include Unemployment Insurance between 0.27% – 6.02% (1.25% – 8.15% for delinquent employers) applied on taxable wage base of $68,500, FICA Social Security at 6.20% applied on salary up to $168,000 annually, FICA Medicare at 1.45%, and FUTA between 0.60% – 6.00% applied on salary up to $7,000 annually. There’s also a Supplemental Pension Fund contribution at $0.0686 per hour.
The minimum state wage for private sector employees in Washington is currently $16.28 per hour. However, rates can be higher in certain areas, such as Seattle.
Washington does not have a state statute governing the amount and payment of vacation time. However, it’s common for employers to decide whether to offer paid or unpaid vacation leave. This must comply with employment law and must be stipulated in the collective bargaining agreements.
Termination of employment in Washington is generally considered “at will,” meaning either the employer or the employee can end the employment relationship without providing a reason or notice, provided it’s not illegal or discriminatory. However, in cases of mass dismissals, the federal Worker Adjustment and Retraining Notification Act (WARN) applies, requiring employers to give 60 days’ notice to impacted employees.
