Workers' Resource Center

Job-seekers, potential hires, and employees are protected from discrimination from employers based on their “protected class”/identity and when exercising their rights.

Equal Pay & Opportunities Act (Chapter 49.58 RCW)

The Department of Labor & Industries (L&I) handles complaints of discrimination under the Equal Pay & Opportunities Act. This act protects job seekers, job applicants, and hired employees from discrimination because of their identity. Under this Act, the protected classes/identities include: “a person's age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability” (RCW 49.58.010).

Retaliation and further discrimination by employers to employees is prohibited (RCW 49.46.100) when employees exercise their rights. This means that employers can’t take negative action against you because you have made a complaint to your employer, supervisor, director, or another authorized representative or if you’re involved in any proceeding or investigation of your workplace, under the Equal Pay & Opportunities Act.

Employers

Employer Requirements (with 15+ employees):

Job Postings

Employers are required to disclose certain information in job postings, so that job-seekers are fully informed about the job posting. According to RCW 49.58.110, a “job posting” is classified as any form of solicitation (electronic or print) from an employer or a third-party which is intended to recruit applicants for a particular job position.

Provide Information on Compensation

Employers must disclose either the wage scale or salary range of the job position or the fixed wage for the position (RCW 49.58.110).

Provide Information on Benefits

The employer must provide a general description of the benefits and any other forms of compensation offered to the hired individual (RCW 49.58.110).

Provide Proof to Justify Differences in Pay

Employers have the responsibility to give proof in order to justify why pay differences exist (RCW 49.58.040 2(b)).

Employers Can't

Discriminate because of an employee’s rotected Class (RCW 49.58.020).

Use an employee's previous wage or salary history to justify pay differences based on gender or membership in another protected class (RCW 49.58.020 3(d)).

Require Wage and Salary History

Employers aren’t allowed to require that an applicant share their previous wage or salary. Any sharing of wage or salary history must be volunteered by the applicant (RCW 49.58.110).

Require a Driver’s License if not Required by the Position

As of July 27, 2025, employers aren’t allowed to require a driver’s license as a necessary requirement for hiring if driving isn’t an essential job duty of the position. This also applies to job postings (RCW 49.58.120).

Ask About Criminal History

"Washington Fair Chance Act" (RCW 49.94.010)

Employers aren’t allowed to advertise job positions that exclude people with criminal records from applying (example: “no felons”) (RCW 49.94.010 (2)).
Automatically exclude individuals with a criminal record from a job position through policy or practices (RCW 49.94.010 (3)).
Reject an applicant for not disclosing their criminal record before receiving an offer of employment (RCW 49.94.010 (3)).
Carry out adverse employment actions based on an arrest record or juvenile conviction record of the applicant or employee (RCW 49.94.010 4(a)).
Include a question on a job application, ask verbally or in writing, receive information through a criminal history background check, or any other information about an applicant’s criminal record, until the employer has determined the applicant is qualified for the position and makes an offer of employment conditioned on obtaining the applicant's criminal record (RCW 49.94.010 (1)).

**Exceptions to the "Washington Fair Chance Act"**:

Employers are allowed to request and access criminal history information under these circumstances:

If the employer is hiring an individual who may have unsupervised access to children (minors under 18 years old), a vulnerable adult, or vulnerable person as defined by Washington Law (RCW 49.94.010 7(a)).
Employers required by state or federal law to use an applicant’s or employee’s criminal history (RCW 49.94.010 7(b)), or entities required to comply with self-regulatory rules (RCW 49.94.010 7(e)).
Employers of a Washington State law enforcement agency or by a criminal justice agency (RCW 49.94.010 7(c)).
Employers seeking a volunteer (non-employee) (RCW 49.94.010 7(d)).

Learn More About Employer Requirements

Workers

Worker Protections

Open Wage Discussions

Employees are free to ask, discuss, and compare the amount of their own and other employees’ wages (RCW 49.58.040).

Equal Pay

Employees are protected from unequal pay due to discrimination. Employees are allowed to request the employer provide reasoning for the employee’s wages. Employers may use other factors (like education or experience) to determine wages but can’t only use an employee’s protected class as a reason for pay differences (RCW 49.58.020).

Equal Career Advancement

Employees are protected from limitations or deprivations of career advancement because of discrimination. Employers may use job-related factors to determine career advancement but can’t use an employee’s protected class (RCW 49.58.030).

What is "Protected Class"?

"Protected Class"

Definition: "Protected class" is a list of identities that have legal protections around them which make discrimination illegal.

List of Protected Classes:

Age
Sex
Marital Status
Sexual Orientation
Race
Creed
Color
National Origin
Citizenship Status
Immigration Status
Honorably Discharged Veteran
Military Status
Presence of any sensory, mental, or physical disability Use of a trained dog guide or service animal by a person with a disability

**Acceptable Reasons for Differences in Compensation or Career Advancement Opportunities (RCW 49.58.005 3(a))**

Though employees have protections against discriminatory pay and career opportunities, there are circumstances in which employers are allowed to give different levels of compensation and career advancement.

Reasons allowed (not based on an employees’ protected class):

Differences in education, training, or experience.
Seniority.
Merit/work performance.
Production quantity or quality.

For pay differences only, justifiable factors may also include:

Regional differences in compensation.
Differences in local minimum wages.
Job-related factors consistent with business need.

Have you experienced violations under the "Washington Fair Chance Act"?

The Department of Labor & Industries (L&I) doesn't handle complaints under this law. To report violations under the "Washington Fair Chance Act", contact the Washington State Attorney General's Civil Rights Division.

Email: fairchancejobs@atg.wa.gov

Call: (833) 660-4877

Complete a Form: https://fortress.wa.gov/atg/formhandler/ago/FairChanceJobsComplaint.aspx

Want to learn more about your rights in the application and hiring process? Visit L&I's website:

Learn More About Employee & Job Applicant Protections

Right to Compensation

As an employee, you have the right to be compensated for the work you provide your employer, at the rate you both agreed upon.

Minimum Wage Act (49.46 RCW)

According to the Department of Labor & Industries, most agricultural jobs and non-agricultural jobs qualify for minimum wage. Though, some factors will allow employers to pay less than minimum wage. This includes minors (14-15 years old) which are required to be paid at least 85% of minimum wage, jobs that meet the criteria, and jobs that don’t qualify under the Minimum Wage Act.

Though the baseline Washington State’s minimum wage requirement for 2026 is $17.13 per hour, other jurisdictions may have higher minimum wage rates!

Employers

Employer Requirements

Provide Minimum Wage

Employers must pay all qualifying jobs at least $17.13/hour for all employees over 16 and $14.56 for minors under 16 (85% of the minimum wage) (RCW 49.46.020 (b)).

Allow Employees to Keep Tips

All tips must be paid to the employee, including all service charges that are itemized as being payable to the employee or employer serving the customer (RCW 49.46.020 3(a)).

Provide Overtime

For qualifying jobs, employers must provide compensation for “overtime” (hours worked beyond the standard 40 hour workweek) (RCW 49.46.130).
Provide a rate of compensation for overtime is 1.5 times the employee’s regular hourly wage for all hours worked beyond 40 hours in a week (RCW 49.46.130).

Employers Can't:

Withhold or deduct tips from an employee’s hourly pay (RCW 49.46.020 3(a)).
Require employees to share what they were paid in the past/salary history (RCW 49.58.100 1(a)).
Look into your wage or salary history by contacting your current or former employer (RCW 49.58.100 1(a)).
Require that your wage or salary history meet certain requirements (RCW 49.58.100 1(b)).

Wage-and-Hour Questions Employers Often Ask

Workers

Worker Protections

Equal Pay

Employees are protected from unequal pay due to discrimination. Employees are allowed to request the employer provide reasoning for the employee’s wages. Employers may use other factors (like education or experience) to determine wages but can’t use an employee’s protected class (RCW 49.58.020).

Sick Leave

Employees are given at least one hour of paid sick leave for every forty hours worked (RCW 49.46.210 (a)).

Minimum Wage Rates

Bellingham

$19.13/Hour.

Burien*

$21.63/Hour (500+ Employees).
$20.63/Hour (21-499 Employees).

Everett*

$20.77/Hour (500+ Employees).
$18.77/Hour (15-499 Employees).

King County (unincorporated areas)*

$20.82/Hour (500+ Employees).

Renton*

$21.57/Hour (500+ Employees).
$20.57/Hour (15-500 Employees).

SeaTac

$20.74/Hour (Hospitality and Transportation Industries).

Seattle

$21.30/Hour.

Tukwila*

$21.65/Hour (15+ Employees Worldwide).

*Disclaimer: conditions apply, visit L&I's website for further information, by clicking the button below.**

Learn More About the Minimum Wage Act

Who Doesn't Qualify for Minimum Wage and Overtime?

Hand Harvest Laborer (RCW 49.46.010 (a))

If you’re employed as a hand harvest laborer and paid on a piece rate basis and is considered paid on a piece rate basis in your region, if you commute daily from your residence to the farm which you work, and if you’ve been working in agriculture less than 13 weeks the calendar year before.

Private Home Casual Laborer (RCW 49.46.010 (b))

If you work in or around a private home and don’t work within your employer’s trade, business, or profession.

Executive Level Workers (RCW 49.46.010 (c))

If you’re an individual employed in a “bona fide executive, administrative, or professional capacity” or if you’re an “outside salesperson” as defined by the director of your workplace.

Volunteers (RCW 49.46.010 (d))

Volunteers of educational, charitable, religious, governmental body or agency, or nonprofit organizations that don’t have an employer-employee relationship.

Government Agency Volunteers (RCW 49.46.010 (e))

Full-time employees for the state or local governmental body or agency who only provide voluntary services.

Newspaper Seller and/or Delivery Person (RCW 49.46.010 (f))

Any newspaper “vendor, carrier, or delivery person selling or distributing newspapers on the street, to offices, to businesses, or from house to house and any freelance news correspondent” don’t qualify. Additionally, a “stringer" submits material to be published for free or for a fee, after publication.

Carriers Under the Interstate Commerce Act (RCW 49.46.010 (g))

Any carrier that qualifies under the United States Code for Interstate Commerce Act, Part I; General Provisions and Railroad and Pipe Line Carriers, 49a U.S.C. §§ 1-27 (1988).

Forest Protection and Fire Prevention Workers (RCW 49.46.010 (h))

Any individual active in forest protection and fire prevention.

Charities with Child Care, Aimed at Youth Character Development (RCW 49.46.010 (i))

Any individual employed by any charitable institution charged with child care responsibilities engaged primarily in the development of character or citizenship or promoting health or physical fitness or providing or sponsoring recreational opportunities or facilities for young people or members of the armed forces of the United States.

If You Sleep at Your Place of Employment (On Call) (RCW 49.46.010 (j))

Any individual whose duties require that he or she reside or sleep at the place of his or her employment or who otherwise spends a substantial portion of his or her work time subject to call, and not engaged in the performance of active duties;

Residents of an Institution (RCW 49.46.010 (k))

Any resident, inmate, or patient of a state, county, or municipal correctional, detention, treatment or rehabilitative institution;

Individuals that Hold Public Office (RCW 49.46.010 (l))

Any individual who holds a public elective or appointive office of the state, any county, city, town, municipal corporation or quasi municipal corporation, political subdivision, or any instrumentality thereof, or any employee of the state legislature;

Employees Operating Washington State Ferries (RCW 49.46.010 (m))

All vessel operating crews of the Washington state ferries operated by the department of transportation.

Employees on Non-American Vessels (RCW 49.46.010 (n))

Any individual employed as a seaman on a vessel other than an American vessel;

Farm Interns (RCW 49.46.010 (o))

Any farm intern providing his or her services to a small farm which has a special certificate issued under RCW 49.12.471.

Players for Junior Ice Hockey Teams (RCW 49.46.010 (p))

An individual who is at least 16 years old but under twenty-one years old, in his or her capacity as a player for a junior ice hockey team that is a member of a regional, national, or international league and that contracts with an arena owned, operated, or managed by a public facilities district created under chapter RCW 36.100.

Players for Minor League Baseball (RCW 49.46.010 (q))

Any individual who has entered into a contract to play baseball at the minor league level and who is compensated pursuant to the terms of a collective bargaining agreement that expressly provides for wages and working conditions.

View the List of Qualifying Jobs

Right to Wellbeing

Workers have the right to wellbeing through breaks and protected leave. As stated in the Minimum Wage Act, “demands of the workplace and of families need to be balanced to promote public health, family stability, and economic security. It is in the public interest to provide reasonable paid sick leave for employees to care for the health of themselves and their families”, protected leave is beneficial for everyone (RCW 49.46.200).

Employer Requirements:

Employers must provide employees a paid rest period, away from work duties, at least 10 minutes for every 4 hours worked (WAC 296-126-092).
Employers must provide employees a meal period at least 30 minutes long if working more than 5 hours in a shift (WAC 296-126-092(2) and (3).
Employees must have “reasonable access” to bathrooms. This access can’t be restricted to time schedules by employers (DOSH Directive 5.98).
Employers must notify employees of their paid sick leave rights, the rate of accrual, authorized use, and employer's intention to use a PTO program. This notification must be delivered, at least once, in electronic or written form (WAC 296-128-755).
Employers must make information about the sick leave rights of employees readily available to all employees (WAC 296-128-755).
Employers must give employees at least 1 hour of sick leave for every 40 hours worked after 90 calendar days of employment (WAC 296-128-620).
The employer is responsible for providing regular notification to employees about the amount of paid sick leave available to the employee (RCW 49.46.210 (i)).
Employers must pay employees their paid sick leave in the same pay period that it was used, unless you require verification for absences exceeding three days (WAC 296-128-680 (1)).

Learn More About Employer Requirements

Employers Can't:

Employers can’t impose “time use restrictions” for the bathroom which limit how long an employee can use the bathroom (DOSH Directive 5.98).
Employers can’t force an employee to use accrued or unused sick leave if the employee hasn’t requested to use paid sick leave (Chapter 296-128 WAC 296-128-630).
Employers can’t discipline employees for using their paid sick leave for authorized purposes (RCW 49.76.120). Examples of discipline include: termination, suspension, demotion, denying a promotion, reducing pay or scheduled hours, or altering an employee’s preexisting work schedule, or threatening to take, or taking action based on the immigration status of an employee or their family members (RCW 49.46.370).
An employer may not require, as a condition of an employee taking paid sick leave, that the employee search for or find a replacement worker to cover the hours during which the employee is on paid sick leave (RCW 49.46.210 (h)).
An employer may not adopt or enforce any policy that counts the use of paid sick leave time as an absence that may lead to or result in discipline against the employee (RCW49.46.210 (3)).
An employer may not discriminate or retaliate against an employee for his or her exercise of any rights under this chapter including the use of paid sick leave (RCW49.46.210 (4)).
Employers cannot require an employee to work a substitute shift when they use paid sick leave time (WAC 296-128-720).

Worker Rights

Worker Protections

All employees under the State’s Minimum Wage Act (RCW 49.46) are entitled to paid sick leave, including part-time, temporary, and seasonal employees.
You’re allowed to use sick leave after 90 days of employment (Chapter 296-128 WAC 296-128-630 (2)).
You can choose when you’d like to use your sick leave (Chapter 296-128 WAC 296-128-630).
Have your accrued and unused paid sick leave carried over to the following year (RCW 49.46.210 (j)).
If you are re-hired within 12 months of separating from an employer, your sick leave is reinstated (WAC 296-128-690 (k)).

Acceptable Uses for Sick Leave

Employees have the right to use paid sick leave for themselves or their family members for any of the following reasons:

A mental or physical illness, injury, or health condition.
To diagnose, care for, or treat a mental or physical illness, injury, or health condition.
To receive preventive medical care.
For leave that qualifies under the state’s Domestic Violence Leave Act (which includes hate crimes)
If an employee's workplace, or their child's school or place of care, has been closed by order of a public official for a health-related reason or after the declaration of an emergency by a local or state government or agency, or by the federal government.
To prepare for, or participate in, a judicial or administrative immigration proceeding involving the employee or their family member.

Learn More About Sick Leave

Additional Protected Leave

Family Care Act (RCW 49.12.265)

This Act allows employees to take any paid leave offered by their employer to:

1. Provide treatment or supervision for a child with a health condition.

2. Care for a qualifying family member with a serious or emergency health condition.

Leave under the FCA is not available for an employee’s personal medical condition. It can only be used for a qualifying family member.

Learn More

Military Spousal Leave (Chapter 49.77 RCW)

Family Care Act (RCW 49.12.265)

An employee whose spouse has received an impending call to active duty during a period of military conflict may take up to 15 days of job-protected leave from work. Their spouse must be a member of the armed forces or National Guard, or in reserves.

To qualify:

1. Employees must work an average of 20 or more hours per week.

2. Leave must b

To qualify:

1. Employees must work an average of 20 or more hours per week.

2. Leave must be taken prior to or during deployment.

3. Employees can use any combination of accrued paid time off, or unpaid leave.

4. Employees must notify their employer within 5 business days of receiving notice of deployment.

Show Less

Learn More

Domestic Violence Leave (RCW 49.76.030)

Family Care Act (RCW 49.12.265)

Domestic Violence Leave (RCW 49.76.030)

Washington State provides victims of domestic violence, sexual assault, stalking, or hate crimes the opportunity to take time off from work. This leave is available to all employees and qualifying family members.

Victims and their family members can use domestic violence leave for:

Legal or law enforcement assistance and court proceedings.
Medical and psychological help.
Help from social service programs.
Safety planning.
Relocating.

Show Less

Learn More

Emergency Personnel Leave (RCW 49.12.460)

Family Care Act (RCW 49.12.265)

Domestic Violence Leave (RCW 49.76.030)

Certain emergency service personnel have rights to leave work in connection with their emergency services, including:

Volunteer firefighters,
Reserve officers, and
Members of the Civil Air Patrol.

Employers with 20 or more full-time employees must allow the above emergency service personnel to arrive late and/or be absent from work when working at, or returning from, a fire alarm or emergency call.

Learn More

Right to A Safe Workplace

Employees have the right to a safe work environment, free from health hazards. Under Chapter 296-800 WAC Safety and Health Core Rules, employers are required to educate you about safety practices, prevent health hazards and workplace injuries, and take action when reports of an unsafe work environment are made.

**If you see a worker in immediate danger, call the Department of Labor & Industries at 1-800-423-7233!**

Employer

Employer Requirements:

Provide a workplace free from recognized hazards (WAC 296-800-11005).
Provide and use means to make your workplace safe (WAC 296-800-11010).
Prohibit employees from entering, or being in, any workplace that is not safe (WAC 296-800-11015).
Construct your workplace so it is safe (WAC 296-800-11020).
Prohibit alcohol and narcotics from your workplace (WAC 296-800-11025).
Prohibit employees from using tools and equipment that are not safe (WAC 296-800-11030).
Establish, supervise, and enforce rules that lead to a safe and healthy work environment that are effective in practice (WAC 296-800-11035).
Control and protect employees from chemical agents (WAC 296-800-11040).
Protect employees from biological agents (WAC 296-800-11045).
Develop a formal, written accident prevention program (WAC 296-800-14005).
Make sure appropriate first-aid supplies are readily available (WAC 296-800-15020).
Must post this L&I resource for employees:

Job Safety and Health Law [ENG] [SPAN]

Create a Safety Program

Worker

Employee Protections:

To refuse to work in an unsafe situation, only if you don’t have any other reasonable alternatives (WAC 296-360-150).

Employee Responsibilities:

Study and follow safety practices for your job (WAC 296-800-12005 (1)).
Try to prevent injuries and illnesses on-the-job (WAC 296-800-12005 (2)).
Use accident prevention principles and use proper safety devices (WAC 296-800-12005 (3)).
Take care of personal protective equipment (PPE) properly (WAC 296-800-12005 (4)).
Do everything reasonable and necessary to protect the life and safety of all employees (WAC 296-800-12005 (10)).
DO NOT wear torn or loose clothing when around and using machinery (WAC 296-800-12005 (5)).
Report any industrial injury or illness to your supervisor as soon as possible (WAC 296-800-12005 (6)).
DO NOT remove or tamper with workplace safety information/notices (WAC 296-800-12005 (7)).
DO NOT interfere with the usage of safeguards by your coworkers (WAC 296-800-12005 (8)).
DO NOT interfere with workplace practices that aim to protect employees from injuries (WAC 296-800-12005 (9)).

Read the Top 10 Safety Violations

Freedom from Retaliation

The Department of Labor & Industries (L&I) protects your right as a worker to express your rights and be free from retaliation from your employer when expressing your rights. Though L&I does take an active role in holding workplaces accountable when found to be in violation of laws, L&I isn’t an agency that handles all reports of discrimination and retaliation. L&I investigates a worker’s claims of retaliation after they’ve reported, expressed their intent to report, or have (or plan to) testify in a proceeding related to their workplace’s L&I investigation.

Retaliation

What does retaliation look like?

Terminating, suspending, demoting, or denying a promotion.
Reducing hours or altering the employee’s work schedule.
Reducing the employee’s rate of pay.
Threatening to take, or taking action, based upon the immigration status of an employee or an employee’s family member (RCW 49.46.370, effective July 1, 2025).
Subjecting the employee to discipline, including write-ups, verbal warnings, points, etc.

Read L&I's Retaliation F.A.Q.s

Reporting

When should I report my workplace to L&I for retaliation/discrimination because I've filed a complaint?

You’ve filed a complaint against your workplace.
You’ve said that you plan to file a complaint against your workplace.
You have (or plan to) testify in a proceeding related to your workplace’s violation complaint investigation conducted by the Department of Labor & Industries (L&I) .

View the Retaliation Complaint Guide

Report Retaliation

Minimum Wage Act Retaliation Complaints

Equal Pay and Opportunities Act Retaliation Complaints

Minimum Wage Act Retaliation Complaints

L&I investigates wage complaints related to the Minimum Wage Act (Chapter 49.46 RCW).

If you’re facing retaliation for exercising your rights, learn how to file a retaliation complaint here:

Make a Complaint

Protected Leave Retaliation Complaints

Equal Pay and Opportunities Act Retaliation Complaints

Minimum Wage Act Retaliation Complaints

L&I investigates Protected Leave complaints under:

Family Care Act (RCW 49.12.265).
Military Spousal (Chapter 49.77 RCW).
Domestic Violence (RCW 49.76.030) .
Leave for Certain Emergency Personnel (RCW 49.12.460).

Make a Complaint

Equal Pay and Opportunities Act Retaliation Complaints

L&I investigates discriminatory actions that prevent a worker from promotions or getting a pay raise due to their identity/protected class under the Equal Pay and Opportunities Act (Chapter 49.58 RCW).

Make a Complaint

Paid Sick Leave Retaliation Complaints

Workers' Compensation Suppression & Retaliation Complaints

Equal Pay and Opportunities Act Retaliation Complaints

L&I investigates paid sick leave complaints related to the Minimum Wage Act (Chapter 49.46 RCW).

Learn More

Health & Safety Retaliation Complaints

Workers' Compensation Suppression & Retaliation Complaints

L&I investigates retaliation for Health and Safety Complaints under Chapter 49.17 RCW.

Make a Complaint

Workers' Compensation Suppression & Retaliation Complaints

L&I investigates claims of workers' compensation suppression under RCW 51.28.025.

Make a Complaint

Wield Your Rights!

Welcome to the Workers’ Rights Online Resource Center!

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Freedom from Discrimination

Freedom from Discrimination

Freedom from Discrimination

Right to Compensation

Freedom from Discrimination

Freedom from Discrimination

Right to Wellbeing

Freedom from Discrimination

Right to a Safe Workplace

Right to a Safe Workplace

Right to a Safe Workplace

Right to a Safe Workplace

Freedom from Retaliation

Right to a Safe Workplace

Freedom from Retaliation

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Right to a Safe Workplace

Freedom from Retaliation

Freedom from Discrimination

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Additional Protected Leave

Family Care Act (RCW 49.12.265)

Family Care Act (RCW 49.12.265)

Family Care Act (RCW 49.12.265)

Military Spousal Leave (Chapter 49.77 RCW)

Family Care Act (RCW 49.12.265)

Family Care Act (RCW 49.12.265)

Domestic Violence Leave (RCW 49.76.030)

Family Care Act (RCW 49.12.265)

Domestic Violence Leave (RCW 49.76.030)

Emergency Personnel Leave (RCW 49.12.460)

Family Care Act (RCW 49.12.265)

Domestic Violence Leave (RCW 49.76.030)

Right to A Safe Workplace