Historically, there were no rules about what employers had to pay their workers. If an employer could find someone to work 14 hours a day for $1.00 a day, there was no law against that.
This changed in 1937, when the Federal Fair Labor Standards Act was passed. The FLSA applies to employees in industries engaged in, or producing goods for, interstate commerce – which is just about everyone.
Overtime pay regulations discourage companies from overworking their employees, encourage employers to hire more workers to cover the additional hours of work needed, and to suitably compensate workers for working hours above and beyond the norm. In addition, the requirement for payment of overtime has been credited with creating safer and fairer workplaces for us all.
The law of the State of Washington that requires employers to pay overtime to their workers is the Revised Code of Washington, Section 49.46.130. It says:
Except as otherwise provided in this section, no employer shall employ any of his or her employees for a work week longer than forty hours unless such employee receives compensation for his or her employment in excess of [40 hours] at a rate not less than one and one-half times the regular rate at which he or she is employed.
This means if your regular rate of pay is $10.00 per hour, you have to be paid $15.00 per hour for any hours you work over 40 hours for the week. In addition, the “regular rate” must be equal to or greater than the minimum wage required by the laws of the State of Washington (currently $9.47).
The exception in the Code that says “as otherwise provided in this section” includes truck drivers, who are generally not entitled to overtime under Federal law. However, in the State of Washington, the Washington Supreme Court has ruled that Washington-based truck drivers are entitled to be paid overtime or the reasonable equivalent of overtime. Even truck drivers that are paid by the mile must be compensated at the rate of one and one-half times their regular rate for the miles they are driving that amount to work in excess of 40 hours per week.
Although the Federal minimum wage ($7.25 per hour) is lower than the minimum wage required by the laws of the State of Washington (for 2015 it is $9.47 and will stay at that rate for 2016), Washington law controls. Don’t let your employer pay you only the Federal minimum wage!
