The Washington State Employment Law Handbook: Your Essential Guide

Employment Law in Washington State

Employment laws in Washington State serve two purposes. First, they protect the well-being of employees. They mandate that employers provide certain basic benefits and safe working conditions. Second, Washington’s employment laws also help employers. They provide guidance for companies on what is expected regarding their treatment of workers. Without these regulations , employers may subject employees to all kinds of unfair treatment or even outright unlawful treatment.
Washington State employment laws include laws related to hiring practices, wages and hour issues, insurance, retirement plans, employee rights, and discrimination and sexual harassment in the workplace. In addition to Washington State’s employment laws, employers must also comply with several federal laws governing basic workplace issues. The Employment Law Handbook aims to simplify these laws to the extent possible.

Essential Rights of Employees in Washington State

The Washington State Employment Law Handbook offers essential guidelines to the most fundamental employment rights protected by Washington and federal law. Familiarity with these rights can be crucial to any Washington worker’s job security. The following entitlements are protected under the Handbook:
Minimum Wage – Regardless of age, Washington employees must receive no less than the state’s minimum wage. Such pay cannot be offset by deductions for uniforms, tools, training, etc. The state’s minimum wage has increased incrementally since the late 90s. As of 2020, it stood at $13.50 an hour.
Overtime Pay – Employers owe their employees a premium (1.5 times the regular rate of pay) for all hours worked in excess of 40 per week. For employers that lack a formal overtime policy, this overtime rate includes paid time off. Since the federal Overtime Rule allows for special types of "white collar" workers to be paid a salary without receiving overtime pay, you should consult with one of our Washington employment lawyers if your employer has a policy that may be inconsistent with state or federal law.
Anti-Discrimination Protections – Washington law prohibits employment discrimination on a number of false pretenses, including sex, race, age, national origin, sexual orientation, creed, HIV status and use of a trained dog for guidance or assistance. Sexual harassment – a form of sex discrimination – is also unlawful.
Family Leave – Employees of all employers, except airlines, state colleges, cities, counties and other government entities, are entitled to up to five days of family leave per year. Family leave is unpaid time off work due to the birth or placement at home of a child, or because of the serious illness of a child, spouse, aunt, uncle, sibling or grandparent, or parent or parent-in-law of the employee.

Employer Obligations under Washington State Law

There are several obligations and responsibilities that primary Washington employers must adhere to under Washington State law. These include beneath the following categories:
Compensation/Wage Payment
Employers must pay wages due for work performed, including minimum wage, overtime, and more. Washington employers are subject to additional wage-hour obligations beyond the federal Fair Labor Standards Act, including:

Providing employees with a written earnings statement with each payment of wages.
Paying wages due for work performed every month or semimonthly, depending on the type of employer.
Paying employees on a monthly schedule if they are not subject to the state minimum wage requirements.

The regulations associated with each obligation listed above are a useful resource for additional information.
Job Safety and Health
Primary Washington employers must comply with the Washington Industrial Safety and Health Act (WISHA). This requires employers to provide a safe and healthy workplace and prevent conditions that could result in employee injury, illness, or even death.
Job Discrimination
Washington prohibits job discrimination. Employers cannot discriminate on the basis of a range of protected classes, such as age, sex, religion, sexual orientation, nationality, and many others, in the recruiting process, hiring, or any aspect of employment.
Employee Benefits
Employers are not required to provide benefits such as paid time off or health insurance, although many choose to do so. Washington employers with 50 or more employees must provide family or medical leave and health insurance. Employees are eligible for unemployment benefits paid by the employer.

Resolving Employment Issues in Washington State

Washington State’s Employment Security Department (ESD) has procedures in place for the intake and processing of employment-related complaints, as do many other state and federal agencies. The ESD administers various programs designed to promote the availability of stable employment opportunities, including the workers’ compensation system, programs for unemployed workers, and wage-hour standards. The ESD also processes complaints filed by workers and employers alleging unlawful discrimination, wage withholding issues, violations of the Minimum Wage Act, the Washington Family Care Act , and the Washington Family Leave Act. Most of these complaints fall outside the Statute of Limitations period for filing private actions in Washington’s state and federal courts. Workers often must file a complaint with a Washington state agency prior to pursuing a private action. Other available options include (a) filing a private cause of action, (b) suspending damages while the complaint is under investigation, (c) filing an administrative action, and (d) filing a complaint with certain state and federal agencies that investigate employment discriminations.

Washington State Employment Laws: Changes and Updates

Notable changes and updates in Washington employment laws are included in the handbook. First, we note that the use of whether to use non-compete agreements and antidiscrimination laws to determine what terms are "essential" to the employee’s job is a subject of change and growth. As you are all well aware, the Governor signed two bills in 2019 that limit the uses for and enforcement of non-compete agreements to certain limited circumstances, and other similar bills from the 2020 legislative session are still in play in the legislature. These restrictions should be carefully guided by legal counsel to ensure that the language and limits contained in the noncompete agreements are effective, protectable, and enforceable. (Laws included are: RCW Section 49.62.030(1), RCW Section 49.62.050, RCW Section 49.62.070(2))
Other notable changes are those regarding antidiscrimination laws. Regarding immutable characteristics in pay equity laws, in 2019, the Governor signed into law two bills, which, among other things, protects employees from retaliation for discussing wages, veterans’ rights, and new pregnancy-related legislation. (Laws included are: RCW Section 49.12.005(1)(c), RCW Section 49.12.005(1)(d), RCW Section 49.28.130(1), and RCW Section 49.28.140(2).)
Another important change is the increase in the types of available leave when: (a) there is a reduction in force for the birth or placement of a child; and (b) in response to a domestic violence situation, sexual assault, or stalking, the College requires the employee to remain in their building. (Laws included are: RCW Section 49.12.005(2)(c), RCW Section 49.12.005(2)(d), RCW Section 49.28.010(2), and RCW Section 49.28.020(3)).

Using the Handbook: Where to Locate It and How to Use It

Accessing the Washington State Employment Law Handbook: A Guide for Employers and Employees
Employers and employees alike can easily access the Washington State Employment Law Handbook online. The handbook is available at no charge, either in its entirety or on a by-chapter basis, through the Washington State Department of Labor and Industries’ website. The handbook is updated regularly to reflect current state laws and rules, so you can rest assured that you are viewing accurate information. The site also allows users to easily navigate through each chapter to find the specific information they are searching for.
Both the State and local governments view the Washington State Employment Law Handbook as one of their most important informational resources. Therefore, when you visit the site, you are greeted with an introductory page that outlines the concept behind the guide, addresses some of the more common misconceptions about employment law in Washington State, and offers consultation services for employers that want further assistance and information. The site is set up in a way that is user-friendly for both employers who want to be as educated and prepared as possible and employees/managers who have a specific question or concern .
Washington State’s Division of Labor and Industries recently completed a major overhaul of the handbook for the first time in over a decade. The guide, formally called the Washington Administrative Code (WAC), has been expanded to 33 full chapters and nearly 600 pages. The handbook includes clear and concise explanations of complex laws, information on filing a claim for wages or overtime, and a plethora of valuable reference materials and outside resources.
While the Washington State Employment Law Handbook in no way replaces professional legal advice from experienced attorneys, it is an indispensable resource for employers throughout the State. It is a thorough reference guide, in-depth resource and easy to use tool for on the job reference, helping companies stay up-to-date on the constantly evolving laws in Washington State. For employees, it is an excellent resource for understanding the rights and protections afforded to them by state legislation. For managers, it is a valuable and time-saving tool in navigating employee complaints, workplace problems and attempts at resolving disputes. Ultimately, the Washington State Employment Law Handbook empowers both employers and employees to make informed decisions when approaching various employment issues.