Washington Employer HR Compliance Guide

Priority Compliance Actions

• 1Audit all job postings to ensure they include the wage scale or salary range, a description of benefits, and other required compensation disclosures — noncompliant postings now carry up to $5,000 per-applicant litigation exposure.
• 2Review all exempt employee salaries against the 2026 threshold of $1,541.70/week ($80,168/year) and reclassify or adjust compensation for any employees falling below the new minimum.
• 3Verify PFML payroll deductions and employer contributions are correctly configured at the 2026 premium rate, and ensure employees receive required PFML notices.
• 4Remove any blanket outside-employment or confidentiality clauses from offer letters and employment agreements that may conflict with Washington's moonlighting restrictions or the Silenced No More Act.
• 5Confirm paid sick leave accrual tracking is in place for all employees (including part-time and seasonal) at the 1 hour per 40 hours worked rate, with proper rollover and usage policies documented.

Leave Laws

Federal FMLA applies to employers with 50+ employees; Washington's PFML provides broader paid coverage for employers of all sizes. Washington does not have a separate standalone paid sick leave law — sick leave is addressed through the statewide Paid Sick Leave law (RCW 49.46), which requires all employers to provide 1 hour of paid sick leave per 40 hours worked with no employer-size minimum. Employees may use accrued sick leave beginning on the 90th day of employment, and unused leave (up to 40 hours) rolls over annually. Washington also mandates paid leave for domestic violence, sexual assault, and stalking victims.

Wage & Hour

Washington does not allow a tip credit — all tipped employees must receive the full state minimum wage. Overtime follows federal FLSA standards (1.5x after 40 hours/week), but Washington's higher exempt salary threshold means more employees qualify for overtime than under federal law. Final paychecks for terminated employees must be paid on or before the next regularly scheduled payday; employees who quit must also be paid by the next regular payday. Employers must reimburse employees for business expenses that bring wages below minimum wage, and broader expense reimbursement obligations may apply under company policy.

Worker Classification

Washington is an at-will employment state, but robust anti-discrimination and retaliation protections limit termination in practice. Washington applies a multi-factor 'economic reality' test for independent contractor classification — there is no ABC test statewide, though specific industries (e.g., trucking, certain gig contexts) may have additional scrutiny. Non-compete agreements are enforceable only if the employee earns above $123,394/year (2025 threshold, adjusted annually), and agreements must be disclosed before or at the time of the job offer; non-competes for employees earning below the threshold are void. Washington also restricts moonlighting clauses for lower-wage workers.

Hiring & Onboarding

Washington has a statewide ban-the-box law prohibiting employers with 8+ employees from asking about criminal history on initial job applications; criminal history inquiries are permitted later in the hiring process. There is no statewide salary history ban, but the EPOA's pay transparency requirements effectively limit salary-anchoring practices. New hire reporting must be submitted to the Washington State Department of Social and Health Services within 20 days of hire. Drug testing is permitted but must follow state guidelines; recreational marijuana use off-duty cannot alone be the basis for adverse employment action for most employers.

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