Revised Code of Washington

Wash. Rev. Code § 49.46.020 (2026)

✓ current as of May 2026
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(1)(a) Beginning January 1, 2017, and until January 1, 2018, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than eleven dollars per hour.
(b) Beginning January 1, 2018, and until January 1, 2019, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than eleven dollars and fifty cents per hour.
(c) Beginning January 1, 2019, and until January 1, 2020, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than twelve dollars per hour.
(d) Beginning January 1, 2020, and until January 1, 2021, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than thirteen dollars and fifty cents per hour.
(2)(a) Beginning on January 1, 2021, and each following January 1st as set forth under (b) of this subsection, every employer shall pay to each of his or her employees who has reached the age of eighteen years wages at a rate of not less than the amount established under (b) of this subsection.
(b) On September 30, 2020, and on each following September 30th, the department of labor and industries shall calculate an adjusted minimum wage rate to maintain employee purchasing power by increasing the current year's minimum wage rate by the rate of inflation. The adjusted minimum wage rate shall be calculated to the nearest cent using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index, for the twelve months prior to each September 1st as calculated by the United States department of labor. Each adjusted minimum wage rate calculated under this subsection (2)(b) takes effect on the following January 1st.
(3) An employer must pay to its employees: (a) All tips and gratuities; and (b) all service charges as defined under RCW 49.46.160 except those that, pursuant to RCW 49.46.160, are itemized as not being payable to the employee or employees servicing the customer. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.
(4) Beginning January 1, 2018, except as provided in RCW 49.46.180, every employer must provide to each of its employees paid sick leave as provided in RCW 49.46.200 and 49.46.210.
(5) The director shall by regulation establish the minimum wage for employees under the age of eighteen years.
[ 2019 c 236 s 2; 2017 c 2 s 3 (Initiative Measure No. 1433, approved November 8, 2016); 1999 c 1 s 1 (Initiative Measure No. 688, approved November 3, 1998); 1993 c 309 s 1; 1989 c 1 s 2 (Initiative Measure No. 518, approved November 8, 1988); 1975 1st ex.s. c 289 s 2; 1973 2nd ex.s. c 9 s 1; 1967 ex.s. c 80 s 1; 1961 ex.s. c 18 s 3; 1959 c 294 s 2.]

Notes:

Findings2019 c 236: "The legislature finds that Initiative 1433 is a good law approved by the voters to establish sick leave benefits for workers. The law creates necessary worker protections while simultaneously reducing the spread of communicable sickness and disease and addressing other public health and safety concerns.
However, the legislature finds that this new law does not provide for flexibility and portability of benefits for construction workers who may work for multiple employers and who already negotiate wages and benefits with their employers. Workers covered under a collective bargaining agreement for the construction industry should be allowed the ability to negotiate comparable benefits that ensures that eligibility can be achieved and that the benefits are portable from employer to employer." [ 2019 c 236 s 1.]
IntentEffective date2017 c 2 (Initiative Measure No. 1433): See notes following RCW 49.46.005.
Effective date1993 c 309: "This act shall take effect January 1, 1994." [ 1993 c 309 s 2.]
Effective date1989 c 1 (Initiative Measure No. 518): See note following RCW 49.46.010.
Notification of employers: RCW 49.46.140.
Notes of Decisions
Cited in 68 cases (16 in the last 5 years), 1962–2025 · leading case: Certification From the U.S. Dist. Court for the E. Dist. of Wash. in Mariano Carranza v. Dovex Fruit Co., 416 P.3d 1205 (Wash. 2018).
Certification From the U.S. Dist. Court for the E. Dist. of Wash. in Mariano Carranza v. Dovex Fruit Co., 416 P.3d 1205 (Wash. 2018). · cites it 49× “I agree with Justice Stephens' interpretation ofthe plain language ofRCW 49.46.020 and join Sections LB and I.”
Inniss v. Tandy Corp., 7 P.3d 807 (Wash. 2000). · cites it 10× “Straight time pay is calculated by multiplying the 40 hours in a normal workweek by the minimum hourly wage under RCW 49.46.020. Overtime pay is calculated by multiplying the number of overtime hours at a rate of one and *533 one-half times the minimum hourly wage.”
Berrocal v. Fernandez, 121 P.3d 82 (Wash. 2005). · cites it 3× “Berrocal and Castillo have requested lost wages pursuant to RCW 49.46.020, [1] exemplary *84 damages, and attorney fees.”
Seattle Prof'l Eng'g Employees Ass'n v. Boeing Co., 991 P.2d 1126 (Wash. 2000). · cites it 4× “RCW 49.46.020. 4 Nowhere does it guarantee an employee be paid his or her regular wage, nor does it provide any remedy for an employer’s failure to pay an employee for all time worked.”
Berrocal v. Fernandez, 155 Wash. 2d 585 (Wash. 2005). · cites it 2× “Berrocal and Castillo have requested lost wages pursuant to RCW 49.46.020, 1 exemplary damages, and attorney fees.”
Hill v. Xerox Bus. Servs., LLC, 426 P.3d 703 (Wash. 2018). · cites it 3× “a rate of pay per hour which is equal to the hourly rate required by RCW 49.46.020 . . . , whether computed on an hourly, commission,piecework, or other basis.”
Alvarez v. IBP, Inc., 339 F.3d 894 (9th Cir. 2003). “See Wash. Rev.Code § 49.46.020 (1999). Some courts have held that, under the FLSA, an employee’s right to recover minimum wage accrues each workweek, not by individual hour.”
State v. McDougal, 841 P.2d 1232 (Wash. 1992). · cites it 2× “If the court finds that the violation has occurred, it may order the offender to be confined for a period not to exceed sixty days for each violation, and may (i) convert a term of partial confinement to total confinement, (ii) convert community service obligation to total or…”
Strain v. West Travel, Inc., 70 P.3d 158 (Wash. Ct. App. 2003). · cites it 2× “[25] Application of the Washington MWA's wage rate provisions to Cruise West's customer service representatives would unduly disrupt the uniformity and harmony of federal maritime law.”
State v. Stone, 268 P.3d 226 (Wash. Ct. App. 2012). · cites it 2× “not to exceed sixty days for each violation, and may (i) convert a term of partial confinement to total confinement, (ii) convert community restitution obligation to total or partial confinement, (iii) convert monetary obligations, except restitution and the crime victim penalty…”
Hill v. Garda CL Nw., Inc., 424 P.3d 207 (Wash. 2018). “They argue that Garda's policy of prohibiting drivers and messengers from taking vigilance-free rest breaks and meal periods violates WAC 296-126-092 (guaranteeing workers rest breaks and meal periods) and RCW 49.46.020 of the MWA (entitling employees to compensation for all…”
Stevens v. Brink's Home Sec., Inc., 169 P.3d 473 (Wash. 2007). “See RCW 49.46.020, .130; see also Bostain v. Food Express, Inc.”
— Wash. Rev. Code § 49.46.020(1) — 13 cases
Certification From the U.S. Dist. Court for the E. Dist. of Wash. in Mariano Carranza v. Dovex Fruit Co., 416 P.3d 1205 (Wash. 2018). “I agree with Justice Stephens' interpretation ofthe plain language ofRCW 49.46.020 and join Sections LB and I.”
Seattle Prof'l Eng'g Employees Ass'n v. Boeing Co., 991 P.2d 1126 (Wash. 2000). “RCW 49.46.020. 4 Nowhere does it guarantee an employee be paid his or her regular wage, nor does it provide any remedy for an employer’s failure to pay an employee for all time worked.”
Berrocal v. Fernandez, 121 P.3d 82 (Wash. 2005). “Berrocal and Castillo have requested lost wages pursuant to RCW 49.46.020, [1] exemplary *84 damages, and attorney fees.”
Inniss v. Tandy Corp., 7 P.3d 807 (Wash. 2000). “Straight time pay is calculated by multiplying the 40 hours in a normal workweek by the minimum hourly wage under RCW 49.46.020. Overtime pay is calculated by multiplying the number of overtime hours at a rate of one and *533 one-half times the minimum hourly wage.”
SPEEA v. Boeing Co., 991 P.2d 1126 (Wash. 2000).
— Wash. Rev. Code § 49.46.020(1)(c) — 1 case
Rocha v. King Cnty. (Wash. 2020).
— Wash. Rev. Code § 49.46.020(1)(d) — 1 case
Rocha v. King Cnty. (Wash. 2020).
— Wash. Rev. Code § 49.46.020(2) — 3 cases
Berrocal v. Fernandez, 85 P.3d 969 (Wash. Ct. App. 2004).
— Wash. Rev. Code § 49.46.020(l) — 2 cases
Certification From the U.S. Dist. Court for the E. Dist. of Wash. in Mariano Carranza v. Dovex Fruit Co., 416 P.3d 1205 (Wash. 2018). “I agree with Justice Stephens' interpretation ofthe plain language ofRCW 49.46.020 and join Sections LB and I.”
— Wash. Rev. Code § 49.46.020(l)(a) — 1 case
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