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Washington Labor Laws: $17.13 Minimum Wage, No Tip Credit, Breaks and Sick Leave

Washington's minimum wage is $17.13 an hour in 2026 and rises to $17.73 on January 1, 2027, and employers can't count tips toward it. Overtime is 1.5 times the regular rate after 40 hours in a week, and workers earn at least 1 hour of paid sick leave for every 40 hours worked.

That's the core of Washington labor law, as of October 2026. It's one of the most generous states for workers, and a few of its rules surprise employers moving in from elsewhere. This guide uses Washington Labor and Industries (L&I) pages and the US Department of Labor's state tables, read in October 2026.

The rules in one table

RuleWashington (as of October 2026)
Minimum wage, 2026$17.13 an hour
Minimum wage from January 1, 2027$17.73 an hour
Workers aged 14 and 15, 2027$15.07 an hour (no less than 85% of the minimum)
Tip creditNone. Tips and service charges can't count toward the minimum wage
Overtime1.5 times the regular rate after 40 hours in a 7-day workweek
Daily overtimeNot required, except on some public works projects
Rest breakPaid 10 minutes per 4 hours, never more than 3 hours without one
Meal period30 minutes on shifts over 5 hours
Paid sick leaveAt least 1 hour per 40 hours worked

No tip credit: what that means in practice

Here's the rule that matters most for restaurants and bars. In many states, an employer can pay a lower cash wage and let tips make up the difference. Washington doesn't allow that. L&I says businesses can't use tips or service charges paid to an employee as part of their hourly minimum wage, and all tips and service charges must be paid to the employees. A server in Washington gets the full $17.13 an hour before a single tip, as of October 2026.

How the minimum wage is set each year

Washington ties its minimum wage to inflation. From mid-September, L&I makes a cost-of-living adjustment based on the federal CPI-W index, announces the new rate on September 30, and it takes effect on January 1. Some cities have higher minimum wages and different rules than the state, so check the local rate where your staff work. My Washington minimum wage guide covers the rate in more depth.

Overtime facts employers get wrong

  • Overtime applies regardless of the employer's size.
  • Employees can't waive their right to overtime pay.
  • Employers can make overtime mandatory, except for some healthcare facility staff.
  • Some salaried employees are owed overtime. Only those who meet the executive, administrative or professional definitions are exempt.
  • If you don't define a workweek, it defaults to Sunday through Saturday.

Breaks, step by step

  1. Give a paid 10-minute rest break for each 4-hour work period, scheduled as close as possible to the middle of it.
  2. Make sure no one works more than 3 hours without a rest break.
  3. On a shift of more than 5 consecutive hours, give a 30-minute meal period, starting between the 2nd and 5th hour of the shift.
  4. If the employee must stay on duty or on the premises, the meal period counts as work time.
  5. Add a second 30-minute meal period for anyone working 3 or more hours beyond their normal workday.

For a side-by-side view of other states, see my lunch break laws by state.

Paid sick leave

Washington voters approved paid sick leave in 2016, and it has applied since January 1, 2018. Workers earn at least 1 hour for every 40 hours worked and are paid their normal hourly rate when they use it. They can start using it 90 calendar days after their first day, and employers must carry over unused balances of 40 hours or less into the next year. It covers the worker's own illness or care, a family member's care, closures for health reasons, domestic violence leave reasons and immigration proceedings.

What counts as hours worked

Employers must pay at least the minimum wage for all hours worked as state law defines them. L&I spells out that this includes opening and closing the business, required trainings and meetings. If a rehired worker comes back within 12 months, the days they worked before count toward the 90-day wait for using sick leave.

Farm work and overtime

A 2021 law, ESSB 5172, extended overtime protection to all agricultural workers, including piece-rate workers, with a gradual phase-in. Dairy workers are owed overtime for every hour over 40 in a workweek. If you employ farm staff, check L&I's agricultural overtime page before you set pay.

Complaints and retaliation

Workers owed wages, including minimum wage or overtime, can file a workplace rights complaint with L&I. A retaliation complaint has to be filed within 180 days of the action. For how Washington handles salary ranges in job adverts, see my guide to pay transparency laws.

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My verdict

Washington is expensive to get wrong because the rules are generous and clear. Pay the full minimum before tips, mark the 3-hour rest break limit on the rota, and budget for the January 1 rise every year. If you only remember one thing, remember that a tipped worker in Washington costs the same per hour as everyone else.

Frequently asked questions

What is the minimum wage in Washington state?

It's $17.13 an hour in 2026 and $17.73 an hour from January 1, 2027, as of October 2026.

Can Washington employers take a tip credit?

No. Tips and service charges can't be used as part of an employee's hourly minimum wage, and all tips must be paid to employees.

Does Washington have daily overtime?

No. Overtime is due after 40 hours in a 7-day workweek. Washington doesn't require overtime after 8 hours in a day, except on some public works projects.

When does the Washington minimum wage change?

Every January 1. L&I adjusts it for inflation using the CPI-W index and announces the new rate on September 30 each year.

How many breaks do you get in Washington?

A paid 10-minute rest break for every 4 hours worked, never more than 3 hours without one, and a 30-minute meal period on shifts over 5 hours.

How much paid sick leave do you get in Washington?

At least 1 hour for every 40 hours worked. You can use it 90 days after starting, and up to 40 unused hours carry over.

Published and maintained by the Lilach Bullock team, covering marketing, AI and business growth.
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