The following administrative policies are the current opinions of the Department of Labor & Industries about how the major labor laws under its jurisdiction should be applied. These policies do not replace the laws and regulations, but are intended only as a guide and interpretation of the laws and regulations. These policies remain in effect as of the date noted in each, until such time as they are modified, removed, or new policies added.
Current Workplace Rights/Employments Standards Administrative Policies |
Policy # |
Title |
PDF Size |
Statute/Code |
Minimum Wage, Overtime, Exemptions |
ES.A.1 |
Minimum Wage Act Applicability (updated July 15, 2014) |
188 KB |
RCW
49.46
WAC 296-128 |
ES.A.2 |
Definition of Wage (updated July 15, 2014) |
89 KB |
RCW
49.46.010(2) |
ES.A.3 |
Minimum Hourly Wage (updated July 15, 2014) |
184 KB |
RCW
49.46.020
WAC 296-126
WAC 296-125
WAC 296-131 |
ES.A.4 |
Special Education Student Exemption from Minimum Wage |
27 KB |
RCW
49.46.060
WAC 296-128 |
ES.A.5 |
Payment of Wages Less Than Minimum Wage - Employer's Liability |
35 KB |
RCW
49.46.090 |
ES.A.6 |
Collective Bargaining Agreements |
45 KB |
RCW
49.46.110 RCW
49.12.187 |
ES.A.7 |
More Favorable Laws |
23 KB |
RCW
49.46.120 |
ES.A.8.1 |
Overtime (updated July 15, 2014) |
337 KB |
RCW
49.46.130 WAC
296-126 WAC
296-128 |
ES.A.8.2 |
"How to Compute Overtime" (updated July 15, 2014) |
162 KB |
|
ES.A.8.3 |
Process Protocols for Reasonably Equivalent Overtime Compensation Plans for Truck & Bus Drivers (under revision) |
126 KB |
RCW
49.46.130(2)(f)
WAC 296-128-011 and -012 |
ES.A.9.1 |
Salary Basis
for White Collar Workers (updated July 15, 2014) |
192 KB |
RCW
49.46.010 (5)(c)
RCW 49.46.130 (2)(a)
WAC 296-128 500 through 533 |
ES.A.9.2 |
General Application
White-Collar Positions (updated July 15, 2014) |
166 KB |
|
ES.A.9.3 |
Exemption from
Minimum Wage and Overtime for Executive Positions (updated July 15, 2014) |
195 KB |
|
ES.A.9.4 |
Exemption from
Minimum Wage and Overtime Requirements for Administrative Positions (updated July 15, 2014) |
208 KB |
|
ES.A.9.5 |
Exemption from
Minimum Wage and Overtime Requirements for Professional Positions (updated July 15, 2014) |
207 KB |
|
ES.A.9.6 |
Exemption from
Minimum Wage and Overtime Requirements for Computer Professional Positions (updated July 15, 2014) |
207 KB |
|
ES.A.9.7 |
Exemption from
Minimum Wage and Overtime Requirements for Outside Sales Positions (updated July 15, 2014) |
247 KB |
|
ES.A.9.8 |
Definition of
Fee Basis in Administrative, Professional, and outside Sales Positions (updated July 15, 2014) |
165 KB |
|
ES.A.10.1 |
Retail or Service
Establishment Commission Overtime Exception (updated July 15, 2014) |
166 KB |
RCW
49.46.130(3) |
ES.A.10.2 |
Frequently Asked
Questions (FAQ) Retail/Service Establishment Sales Exception |
34 KB |
RCW
49.46.130(3) |
ES.A.10.3 |
Examples of
Retail Sales and Service Establishments |
38 KB |
RCW
49.46.130(3) |
ES.A.11 |
Law Restricting Mandatory Overtime for Nurses |
210 KB |
RCW
49.46.130, 140,
150 |
Deductions and Termination Wages |
ES.B.1 |
Payment of Final Wages and Deductions Upon Termination. |
|
Repealed May 16, 2007. See WAC 296-126-025 |
ES.B.2 |
Deductions from Wages, Failure to Pay Wages, Rebate of Wages, Penalties. |
|
Repealed May 16, 2007. See WAC 296-126-028 |
Industrial Welfare and
Related Acts |
ES.C.1 |
Industrial Welfare Act: Applications, Exemptions, and Interpretations |
109 KB |
RCW
49.12 WAC
296-126 |
ES.C.2 |
Hours Worked (updated September 2, 2008) |
84 KB |
RCW
49.12 WAC
296-126-002(8) |
ES.C.3 |
Commissions, Piecework and Minimum Wage Requirements |
26 KB |
WAC
296-126-021 |
ES.C.4.1 |
School Week and Work Week for Minors (under revision) |
55 KB |
RCW
49.12 RCW
49.30 RCW
13.64.010 WAC
296-125-027
WAC 296-131-120 |
ES.C.4.2 |
|
48 KB |
WAC 296-125-030
WAC
296-823 |
ES.C.4.3 |
|
52 KB |
|
ES.C.5 |
Payment Interval (Repealed May 16, 2007. See links to the right.) |
|
WAC
296-126-023, WAC
296-131-010, and WAC 296-126-035 |
ES.C.6 |
Meal and Rest Periods |
71 KB |
RCW
49.12 WAC
296-126-092 |
ES.C.6.2 |
Meal and Rest Periods for Agricultural Workers |
167 KB |
RCW 49.30
WAC 296-131-020 |
ES.C.7 |
Employee Access to Personnel Files |
41 KB |
RCW
49.12.240, .250,
.260 |
ES.C.8.1 |
Employee Wearing Apparel and Uniforms |
41 KB |
RCW
49.12.450 |
ES.C.8.2 |
Frequently Asked Questions (FAQ) about Employee Wearing Apparel |
32 KB |
RCW
49.12.450 |
ES.C.9 |
Variances from Industrial Welfare Act |
32 KB |
RCW
49.12 |
ES.C.10 |
Family Care Act (Updated August 6, 2014.) |
219 KB |
RCW 49.12.265, .270, .275, .280, .285, .290 and .295
WAC 296-130 |
ES.C.11 |
Protocol for Student-Learner Exemption (under revision) |
103 KB |
RCW
49.12
WAC
296-125-030
WAC 296-131-125
|
Record Keeping Requirements |
ES.D.1 |
Recordkeeping and Access to Payroll Records (Non-agricultural Employment) |
67 KB |
RCW
49.12.050
WAC 296-126
RCW 49.46.040
RCW 49.46.070
WAC 296-128 |
ES.D.2 |
Recordkeeping and Access to Payroll Records (Agricultural Employment) |
58 KB |
RCW
49.30 WAC 296-131 |
Other |
|
Family Leave Act - Frequently Asked Questions |
49 KB |
RCW 49.78 |