Washington Hiring Laws for Small Businesses
Washington is one of only 4 monopolistic state fund workers' comp states, and has the country's most comprehensive paid family leave. The rules you need before hiring your first Washington employee.
$16.66/hr
as of 2025
Next scheduled payday
Income-based
Yes
Wage & Hour
Minimum wage: $16.66/hr
This is the Washington statewide minimum as of 2025. The federal minimum ($7.25) applies where a state has no higher rate. Some cities within Washington may set higher local minimums — check municipal ordinances.
Break requirements
Federal FLSA only — no state-specific break requirements.
Overtime
Federal FLSA requires 1.5x pay for hours over 40 in a workweek for non-exempt employees. Some states (notably California) also require daily overtime after 8 hours in a day.
Paid sick leave
Washington has a statewide paid sick leave law. Accrual rate typically 1 hour per 30-40 hours worked, with annual usage caps.
Termination & Final Pay
Final paycheck timing
- Involuntary termination: Next scheduled payday
- Voluntary quit: Next scheduled payday
Vacation payout on separation
Not automatically required by state law — depends on your written policy and offer letters. Written "use it or lose it" policies are generally allowed.
At-will employment
Washington is an at-will state — either party can end employment at any time, for any legal reason (not for a discriminatory or retaliatory reason). Written employment contracts and public policy exceptions can limit this.
Non-Compete Agreements
Non-competes are banned for employees below a state-defined income threshold. Above that threshold they may be enforceable with reasonable scope.
Contractor vs Employee Classification
IRS common-law test — control, financial arrangement, and relationship type. More flexible than ABC.
Why this matters: Misclassifying an employee as a contractor exposes you to back wages, unemployment tax, workers comp, and penalties. State enforcement has tightened significantly since 2018.
First-Employee Onboarding Checklist
- Federal: Get EIN (irs.gov), register for federal payroll (Form 941 quarterly)
- State withholding: Register with Washington Department of Revenue (no state income tax withholding needed here)
- State unemployment insurance (SUI): Register with Washington unemployment agency and pay quarterly
- Workers' compensation: Required at 1 employee. Purchase through state fund.
- New hire reporting: Report to Washington new hire directory within 20 days of hire (federal PRWORA requirement)
- I-9 verification: Complete within 3 business days of hire (federal requirement)
- W-4: Get federal W-4 and state equivalent (if income tax applies)
- Required posters: Federal + Washington labor law posters (available free from state DOL)
Washington-Specific Employment Rules
The rules and quirks that make hiring in Washington different from other states.
- Washington minimum wage is $16.66/hr for 2025 (highest state-level minimum), indexed annually.
- Washington Paid Family and Medical Leave provides up to 12 weeks paid leave (18 total in some cases), funded by shared contributions.
- Washington Paid Sick Leave requires 1 hour per 40 hours worked.
- Washington's non-compete law (2020) restricts non-competes to workers earning over ~$120K, with disclosure requirements.
- Seattle has higher local minimum wage ($20.76/hr for large employers in 2025).
Reference only — not legal advice.
Employment law changes frequently and turns on facts. For specific hiring decisions, terminations, or contractor classifications, consult a Washington-licensed employment attorney. City-level rules (Seattle, NYC, SF, etc.) may add requirements beyond state law.