This note walks through the wage and hour questions Washington employers and employees ask most often: what the minimum wage is and how it moves, when overtime is owed, whether breaks are required, when the last paycheck has to arrive, how often workers must be paid and what the pay stub has to show, how the state sorts employees from independent contractors, how tips are treated, and who can bring a claim.
Each answer points to the statute or rule it comes from, and the pull quotes give you the operative language in the words the law actually uses. Federal law, chiefly the Fair Labor Standards Act, sets a national baseline; where the Washington material below differs from that baseline, the note says so.
What is the minimum wage?
Washington employers must pay most employees at least the minimum wage for every hour worked . The Washington State Department of Labor and Industries announced a state minimum wage of $17.13 per hour beginning January 1, 2026 .
The word most is doing real work. The rate reaches only people the chapter treats as employees, and the Minimum Wage Act's own definition of employee carries a list of exclusions. Among them are certain hand harvest laborers paid on a piece rate basis who commute daily and worked in agriculture less than thirteen weeks in the preceding calendar year , casual labor in or about a private home unless performed in the course of the employer's trade, business, or profession , individuals employed in a bona fide executive, administrative, or professional capacity or as an outside salesperson , volunteers for educational, charitable, religious, governmental or nonprofit bodies where no employer-employee relationship in fact exists , and newspaper vendors, carriers, and delivery persons . The statutory list continues past those examples, so check it before assuming the rate applies.
That figure is not fixed by the legislature year to year. Each September 30, the Department of Labor and Industries calculates an adjusted rate that increases the current year rate by the rate of inflation, in order to maintain employee purchasing power . The adjustment is computed to the nearest cent using the consumer price index for urban wage earners and clerical workers, known as the CPI-W, or a successor index, for the twelve months before each September 1 , and each newly calculated rate takes effect the following January 1 .
The federal floor under the Fair Labor Standards Act is $7.25 an hour , so the Washington rate announced for 2026 is substantially higher than the federal one.
Washington treats its own standards as a floor, not a ceiling. The state minimum wage chapter sets minimum standards for wages, paid sick leave, and working conditions for employees in the state, and is in addition to and supplementary to other federal, state, or local law . Standards that are more favorable to employees, wherever they come from, are left intact and stay enforceable . Consistent with that, the Department of Labor and Industries notes that in 2026 some local jurisdictions have higher minimum wage rates and different labor rules than the state , so a worker in one of those jurisdictions may be entitled to more than the statewide rate.
Separately, the director has authority to adopt minimum wages by rule for occupations not otherwise governed by minimum wage requirements fixed by state or federal statute .
The interaction between state, federal, and local standards is stated directly in the statute:
The rate changes on a calendar. A new adjusted rate is calculated each September 30 and takes effect the following January 1 , so the rate in force changes at the turn of every calendar year. Employers with workers in a local jurisdiction that sets a higher rate must apply the higher standard, because a more favorable local standard is not affected by the state chapter .
Sources for this answer
Primary source · Primary law
A.3 RCW 49.46.010The Minimum Wage Act's definition of employee excludes certain hand harvest laborers paid on a piece rate basis who commute daily and were employed in agriculture less than thirteen weeks in the preceding calendar year.
(4) “Employee” includes any individual employed by an employer but shall not include: (a) Any individual (i) employed as a hand harvest laborer and paid on a piece rate basis in an operation which has been, and is generally and customarily recognized as having been, paid on a piece rate basis in the region of employment; (ii) who commutes daily from his or her permanent residence to the farm on which he or she is employed; and (iii) who has been employed in agriculture less than thirteen weeks during the preceding calendar year;
See RCW 49.46.010(4)
Primary source · Primary law
A.5 RCW 49.46.010The definition of employee excludes an individual employed in a bona fide executive, administrative, or professional capacity or as an outside salesperson, as those terms are defined by rules of the director.
(c) Any individual employed in a bona fide executive, administrative, or professional capacity or in the capacity of outside salesperson as those terms are defined and delimited by rules of the director.
See RCW 49.46.010(4)(c)
Primary source · Primary law
A.4 RCW 49.46.010The Minimum Wage Act's definition of employee excludes an individual employed in casual labor in or about a private home, unless the labor is performed in the course of the employer's trade, business, or profession.
(4) “Employee” includes any individual employed by an employer but shall not include: (a) Any individual (i) employed as a hand harvest laborer and paid on a piece rate basis in an operation which has been, and is generally and customarily recognized as having been, paid on a piece rate basis in the region of employment; (ii) who commutes daily from his or her permanent residence to the farm on which he or she is employed; and (iii) who has been employed in agriculture less than thirteen weeks during the preceding calendar year; (b) Any individual employed in casual labor in or about a private home, unless performed in the course of the employer's trade, business, or profession;
See RCW 49.46.010(4)(b)
Primary source · Primary law
A.6 RCW 49.46.010The definition of employee excludes an individual engaged in the activities of an educational, charitable, religious, governmental or nonprofit body where no employer-employee relationship in fact exists or the services are rendered gratuitously.
Any individual engaged in the activities of an educational, charitable, religious, state or local governmental body or agency, or nonprofit organization where the employer-employee relationship does not in fact exist or where the services are rendered to such organizations gratuitously.
See RCW 49.46.010(4)(d)
Primary source · Primary law
A.7 RCW 49.46.010The definition of employee excludes a newspaper vendor, carrier, or delivery person selling or distributing newspapers on the street, to offices, to businesses, or from house to house.
(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 or “stringer” who, using his or her own equipment, chooses to submit material for publication for free or a fee when such material is published; (g) Any carrier subject to regulation by Part 1 of the Interstate Commerce Act; (h) Any individual engaged in forest protection and fire prevention activities;
See RCW 49.46.010(4)(f)
Official source · Agency guidance
A.1 Wash. Dep't of Labor & Indus., Minimum WageWashington employers must pay most employees at least the minimum wage for each hour worked.
Washington employers must pay most employees at least the minimum wage for every hour worked.
See Wash. Dep't of Labor & Indus., Minimum Wage
Official source · Agency guidance
A.2 Wash. Dep't of Labor & Indus., 2026 Minimum Wage AnnouncementPDFThe Department of Labor and Industries announced a Washington minimum wage of $17.13 per hour beginning January 1, 2026.
Washington’s minimum wage will be $17.13 per hour beginning Jan. 1, 2026.
See Wash. Dep't of Labor & Indus., 2026 Minimum Wage Announcement
Primary source · Primary law
A.8 RCW 49.46.020The Department of Labor and Industries must calculate an adjusted minimum wage rate each September 30 by increasing the current year rate by the rate of inflation.
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.
See RCW 49.46.020(2)(b)
Primary source · Primary law
A.9 RCW 49.46.020The adjusted minimum wage rate is calculated to the nearest cent using the CPI-W, or a successor index, for the twelve months prior to each September 1.
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.
See RCW 49.46.020(2)(b)
Primary source · Primary law
A.10 RCW 49.46.020Each adjusted minimum wage rate takes effect on the January 1 following its calculation.
Each adjusted minimum wage rate calculated under this subsection (2)(b) takes effect on the following January 1st.
See RCW 49.46.020(2)(b)
Primary source · Primary law
A.11 29 U.S.C. § 206(a)(1)(C)The federal minimum wage under the Fair Labor Standards Act is $7.25 an hour.
Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates: (1) except as otherwise provided in this section, not less than- (A) $5.85 an hour, beginning on the 60th day after May 25, 2007; (B) $6.55 an hour, beginning 12 months after that 60th day; and (C) $7.25 an hour, beginning 24 months after that 60th day;
See 29 U.S.C. § 206(a)(1)(C)
Primary source · Primary law
A.12 RCW 49.46.120Chapter 49.46 RCW sets minimum standards for wages, paid sick leave, and working conditions and is supplementary to other federal, state, or local law.
This chapter establishes minimum standards for wages, paid sick leave, and working conditions of all employees in this state, unless exempted herefrom, and is in addition to and supplementary to any other federal, state, or local law or ordinance, or any rule or regulation issued thereunder.
See RCW 49.46.120
Primary source · Primary law
A.13 RCW 49.46.120Wage, hour, and working condition standards from any federal, state, or local law that are more favorable to employees than chapter 49.46 RCW remain in full force and enforceable.
Any standards relating to wages, hours, paid sick leave, or other working conditions established by any applicable federal, state, or local law or ordinance, or any rule or regulation issued thereunder, which are more favorable to employees than the minimum standards applicable under this chapter, or any rule or regulation issued hereunder, shall not be affected by this chapter and such other laws, or rules or regulations, shall be in full force and effect and may be enforced as provided by law.
See RCW 49.46.120
Official source · Agency guidance
A.14 Wash. Dep't of Labor & Indus., Local Minimum Wage RatesSome Washington local jurisdictions set higher minimum wage rates and different labor rules than the state in 2026.
In 2026, some local jurisdictions have higher minimum wage rates and different labor rules than Washington State.
See Wash. Dep't of Labor & Indus., Local Minimum Wage Rates
Primary source · Primary law
A.15 RCW 49.12.091The director may adopt rules setting minimum wages for occupations not otherwise governed by minimum wage requirements fixed by state or federal statute.
Within a reasonable time thereafter, if the director finds that in any occupation, trade or industry, subject to chapter 16, Laws of 1973 2nd ex. sess., the wages paid to employees are inadequate to supply the necessary cost of living, but not to exceed the state minimum wage as prescribed in RCW 49.46.020 , as now or hereafter amended, or that the conditions of labor are detrimental to the health of employees, the director shall have authority to prescribe rules and regulations for the purpose of adopting minimum wages for occupations not otherwise governed by minimum wage requirements fixed by state or federal statute, or a rule or regulation adopted under such statute, and, at the same time have the authority to prescribe rules and regulations fixing standards, conditions and hours of labor for the protection of the safety, health and welfare of employees for all or specified occupations subject to chapter 16, Laws of 1973 2nd ex. sess.
See RCW 49.12.091
When is overtime owed?
Washington measures overtime by the workweek. An employer may not employ an employee for a workweek longer than forty hours unless the employee is paid, for the hours over forty, at a rate not less than one and one-half times the regular rate at which the employee is employed .
The overtime section applies except as otherwise provided in the section itself . It then sets out a lettered list of exclusions, longer than the examples below . The most consequential one comes first: the section does not apply to a person whom the Minimum Wage Act's own definitions exempt . Those definitions exclude individuals employed in a bona fide executive, administrative, or professional capacity or as an outside salesperson, as those terms are defined by rules of the director . The same list excludes any individual employed as a seaman and employees who request compensating time off in lieu of overtime pay . It also excludes truck or bus drivers subject to the Federal Motor Carrier Act, where the compensation system already includes overtime pay reasonably equivalent to what the subsection requires for working longer than forty hours per week , and any industry in which federal law provides for an overtime payment based on a workweek other than forty hours . Check the full list in the section before assuming an employee is covered.
The trigger these sections set is the workweek, not the workday: they state no daily overtime threshold and no double-time rate, so a long single shift generates overtime under them only to the extent it pushes the workweek past forty hours. One carve-out points the other way on the measuring period itself — for an industry in which federal law provides for an overtime payment based on a workweek other than forty hours, the section does not apply .
The operative language is short:
Sources for this answer
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B.1 RCW 49.46.130An employer must pay at least one and one-half times the regular rate for hours an employee works beyond forty in a workweek, except as otherwise provided in the section.
Except as otherwise provided in this section, no employer shall employ any of his or her employees for a workweek longer than forty hours unless such employee receives compensation for his or her employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he or she is employed.
See RCW 49.46.130(1)
Primary source · Primary law
B.3 RCW 49.46.010The Minimum Wage Act's definition of employee excludes an individual employed in a bona fide executive, administrative, or professional capacity or as an outside salesperson, as those terms are defined by rules of the director.
(c) Any individual employed in a bona fide executive, administrative, or professional capacity or in the capacity of outside salesperson as those terms are defined and delimited by rules of the director.
See RCW 49.46.010(4)(c)
Primary source · Primary law
B.2 RCW 49.46.130The overtime section does not apply to a person exempted under RCW 49.46.010, and paying compensation in addition to a salary is not a factor in determining that exemption.
(2) This section does not apply to: (a) Any person exempted pursuant to *RCW 49.46.010 (3). The payment of compensation or provision of compensatory time off in addition to a salary shall not be a factor in determining whether a person is exempted under *RCW 49.46.010 (3)(c); (b) Employees who request compensating time off in lieu of overtime pay; (c) Any individual employed as a seaman whether or not the seaman is employed on a vessel other than an American vessel;
See RCW 49.46.130(2)(a), (c)
Primary source · Primary law
B.4 RCW 49.46.130The overtime section lists employees who request compensating time off in lieu of overtime pay among the categories it excepts.
(2) This section does not apply to: (a) Any person exempted pursuant to *RCW 49.46.010 (3). The payment of compensation or provision of compensatory time off in addition to a salary shall not be a factor in determining whether a person is exempted under *RCW 49.46.010 (3)(c); (b) Employees who request compensating time off in lieu of overtime pay; (c) Any individual employed as a seaman whether or not the seaman is employed on a vessel other than an American vessel;
See RCW 49.46.130(2)(b)
Primary source · Primary law
B.5 RCW 49.46.130A truck or bus driver subject to the Federal Motor Carrier Act is excepted where the driver's compensation system includes overtime pay reasonably equivalent to the subsection's requirement for work beyond forty hours per week.
(f) An individual employed as a truck or bus driver who is subject to the provisions of the Federal Motor Carrier Act (49 U.S.C. Sec. 3101 et seq. and 49 U.S.C. Sec. 10101 et seq.), if the compensation system under which the truck or bus driver is paid includes overtime pay, reasonably equivalent to that required by this subsection, for working longer than forty hours per week; (g) Any individual employed as an agricultural employee.
See RCW 49.46.130(2)(f)
Primary source · Primary law
B.6 RCW 49.46.130An industry in which federal law provides for overtime payment based on a workweek other than forty hours is excepted from the state overtime section.
(h) Any industry in which federal law provides for an overtime payment based on a workweek other than forty hours.
See RCW 49.46.130(2)(h)
Are breaks required?
Yes. Washington regulation sets affirmative break requirements.
Employees must be allowed a meal period of at least thirty minutes, beginning no less than two hours and no more than five hours from the start of the shift , and no employee may be required to work more than five consecutive hours without a meal period .
Employees must also be allowed a rest period of not less than ten minutes for each four hours of working time, on the employer's time — that is, rest periods are paid. The rule sets timing as well: rest periods are scheduled as near as possible to the midpoint of the work period, and no employee may be required to work more than three hours without a rest period . Where the nature of the work allows employees to take intermittent rest periods equivalent to ten minutes for each four hours worked, scheduled rest periods are not required .
The two breaks are treated differently on pay. Rest periods are on the employer's time without qualification, while a meal period is on the employer's time only when the employer requires the employee to remain on duty on the premises or at a prescribed work site in the employer's interest .
The rest-period rule puts the cost of the break on the employer:
Long days trigger an extra meal period. An employee who works three or more hours longer than a normal work day must be allowed at least one additional thirty-minute meal period before or during the overtime period . Schedulers who plan only the mid-shift meal will miss this one on extended shifts.
Sources for this answer
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C.1 WAC 296-126-092Employees must be allowed a meal period of at least thirty minutes that begins no less than two hours and no more than five hours after the shift starts.
(1) Employees shall be allowed a meal period of at least thirty minutes which commences no less than two hours nor more than five hours from the beginning of the shift.
See WAC 296-126-092(1)
Primary source · Primary law
C.6 WAC 296-126-092A meal period is on the employer's time when the employer requires the employee to remain on duty on the premises or at a prescribed work site in the employer's interest.
Meal periods shall be on the employer's time when the employee is required by the employer to remain on duty on the premises or at a prescribed work site in the interest of the employer.
See WAC 296-126-092(1)
Primary source · Primary law
C.2 WAC 296-126-092No employee may be required to work more than five consecutive hours without a meal period.
(2) No employee shall be required to work more than five consecutive hours without a meal period.
See WAC 296-126-092(2)
Primary source · Primary law
C.7 WAC 296-126-092An employee working three or more hours longer than a normal work day must be allowed at least one additional thirty-minute meal period before or during the overtime period.
(3) Employees working three or more hours longer than a normal work day shall be allowed at least one thirty-minute meal period prior to or during the overtime period.
See WAC 296-126-092(3)
Primary source · Primary law
C.3 WAC 296-126-092Employees must be allowed a rest period of at least ten minutes for each four hours of working time, on the employer's time.
(4) Employees shall be allowed a rest period of not less than ten minutes, on the employer's time, for each four hours of working time.
See WAC 296-126-092(4)
Primary source · Primary law
C.4 WAC 296-126-092Rest periods must be scheduled as near as possible to the midpoint of the work period, and no employee may be required to work more than three hours without a rest period.
Rest periods shall be scheduled as near as possible to the midpoint of the work period. No employee shall be required to work more than three hours without a rest period.
See WAC 296-126-092(4)
Primary source · Primary law
C.5 WAC 296-126-092Scheduled rest periods are not required where the nature of the work allows employees to take intermittent rest periods equivalent to ten minutes for each four hours worked.
(5) Where the nature of the work allows employees to take intermittent rest periods equivalent to ten minutes for each 4 hours worked, scheduled rest periods are not required.
See WAC 296-126-092(5)
When is final pay due?
When an employee stops working for an employer, whether by discharge or by voluntary withdrawal, the wages due on account of the employment must be paid at the end of the established pay period . In practical terms that is the next regular payday for the pay period in which the work ended; the statute does not set a shorter, same-day or next-day deadline that turns on the fact of a firing.
The subsection does not apply where workers are engaged in employment that normally involves working for several employers in the same industry interchangeably and those employers cooperate to establish a plan for weekly payment of wages at a central place under a unified schedule providing for at least one payday each week . The same statute separately provides that a duty to pay an employee forthwith does not apply where the governing labor-management agreement provides otherwise .
Paying late is a separate matter from paying short. The consequences of underpaying, including on the last check, are covered in the next question.
The timing rule reads:
It is unlawful for an employer to withhold or divert any portion of an employee's wages unless the deduction falls into one of three categories: required by state or federal law; specifically agreed upon orally or in writing by the employee and employer, except as prohibited under RCW 49.48.160; or for medical, surgical, or hospital care or service pursuant to a rule or regulation, provided the deduction is openly, clearly, and in due course recorded in the employer's books and records . So a deduction taken from a final check that fits none of those three categories is itself unlawful, whatever the employer is trying to recover.
Sources for this answer
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D.1 RCW 49.48.010When an employee ceases to work, by discharge or voluntary withdrawal, the wages due for that employment must be paid at the end of the established pay period.
(2) When any employee shall cease to work for an employer, whether by discharge or by voluntary withdrawal, the wages due him or her on account of his or her employment shall be paid to him or her at the end of the established pay period: PROVIDED, HOWEVER, That this subsection shall not apply when workers are engaged in an employment that normally involves working for several employers in the same industry interchangeably, and the several employers or some of them cooperate to establish a plan for the weekly payment of wages at a central place or places and in accordance with a unified schedule of paydays providing for at least one payday each week;
See RCW 49.48.010(2)
Primary source · Primary law
D.2 RCW 49.48.010The final-pay subsection does not apply to workers employed interchangeably by several employers in the same industry who cooperate in a central weekly payment plan.
(2) When any employee shall cease to work for an employer, whether by discharge or by voluntary withdrawal, the wages due him or her on account of his or her employment shall be paid to him or her at the end of the established pay period: PROVIDED, HOWEVER, That this subsection shall not apply when workers are engaged in an employment that normally involves working for several employers in the same industry interchangeably, and the several employers or some of them cooperate to establish a plan for the weekly payment of wages at a central place or places and in accordance with a unified schedule of paydays providing for at least one payday each week;
See RCW 49.48.010(2)
Primary source · Primary law
D.3 RCW 49.48.010The duty to pay an employee forthwith does not apply if the governing labor-management agreement provides otherwise.
That the duty to pay an employee forthwith shall not apply if the labor-management agreement under which the employee has been employed provides otherwise.
See RCW 49.48.010(1)
Primary source · Primary law
D.4 RCW 49.48.010An employer may not withhold or divert any portion of an employee's wages unless the deduction is required by state or federal law, is specifically agreed upon orally or in writing by the employee and employer, or is for medical, surgical, or hospital care or service pursuant to a rule or regulation and properly recorded in the employer's books.
(3) It shall be unlawful for any employer to withhold or divert any portion of an employee's wages unless the deduction is: (a) Required by state or federal law; or (b) Except as prohibited under RCW 49.48.160 , specifically agreed upon orally or in writing by the employee and employer; or (c) For medical, surgical, or hospital care or service, pursuant to any rule or regulation: PROVIDED, HOWEVER, That the deduction is openly, clearly, and in due course recorded in the employer's books and records.
See RCW 49.48.010(3)
What is the penalty for paying late?
Washington's sharpest wage remedy is a doubling provision, and it turns on the employer's state of mind. It reaches an employer that, willfully and with intent to deprive the employee of any part of the wages, pays an employee a lower wage than the employer is obligated to pay by any statute, ordinance, or contract .
Where that provision is violated, the aggrieved employee or the employee's assignee may recover, in a civil action, judgment for twice the amount of the wages unlawfully rebated or withheld, by way of exemplary damages . The same judgment carries costs of suit and a reasonable sum for attorney fees .
Liability is not limited to the business entity. The statute makes any employer and any officer, vice principal, or agent of an employer liable in that civil action .
There is also a slower, interest-based consequence through the agency route: if the Department of Labor and Industries determines that an employer violated a wage payment requirement and issues a citation and notice of assessment, it may order the employer to pay all wages owed, including interest of one percent per month on those wages .
The statute characterizes the doubled recovery as exemplary damages:
The doubling remedy has a bar built into it: its benefits are not available to an employee who has knowingly submitted to the violation . That carve-out is specific to the doubling remedy and does not reach the underlying wages: an agreement to accept less than the chapter requires is no defense to an action for the full amount due .
Sources for this answer
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E.1 RCW 49.52.050It is a violation for an employer, willfully and with intent to deprive the employee of any part of the wages, to pay a lower wage than the employer is obligated to pay by statute, ordinance, or contract.
Any employer or officer, vice principal or agent of any employer, whether said employer be in private business or an elected public official, who (1) Shall collect or receive from any employee a rebate of any part of wages theretofore paid by such employer to such employee; or (2) Wilfully and with intent to deprive the employee of any part of his or her wages, shall pay any employee a lower wage than the wage such employer is obligated to pay such employee by any statute, ordinance, or contract;
See RCW 49.52.050(2)
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E.2 RCW 49.52.070An aggrieved employee or the employee's assignee may recover judgment for twice the amount of the wages unlawfully rebated or withheld, as exemplary damages.
Any employer and any officer, vice principal or agent of any employer who shall violate any of the provisions of RCW 49.52.050 (1) and (2) shall be liable in a civil action by the aggrieved employee or his or her assignee to judgment for twice the amount of the wages unlawfully rebated or withheld by way of exemplary damages, together with costs of suit and a reasonable sum for attorney's fees: PROVIDED, HOWEVER, That the benefits of this section shall not be available to any employee who has knowingly submitted to such violations.
See RCW 49.52.070
Primary source · Primary law
E.3 RCW 49.52.070A judgment under this section includes costs of suit and a reasonable sum for attorney fees.
Any employer and any officer, vice principal or agent of any employer who shall violate any of the provisions of RCW 49.52.050 (1) and (2) shall be liable in a civil action by the aggrieved employee or his or her assignee to judgment for twice the amount of the wages unlawfully rebated or withheld by way of exemplary damages, together with costs of suit and a reasonable sum for attorney's fees: PROVIDED, HOWEVER, That the benefits of this section shall not be available to any employee who has knowingly submitted to such violations.
See RCW 49.52.070
Primary source · Primary law
E.4 RCW 49.52.070An officer, vice principal, or agent of an employer is personally liable in the employee's civil action for violations of RCW 49.52.050(1) and (2).
Any employer and any officer, vice principal or agent of any employer who shall violate any of the provisions of RCW 49.52.050 (1) and (2) shall be liable in a civil action by the aggrieved employee or his or her assignee to judgment for twice the amount of the wages unlawfully rebated or withheld by way of exemplary damages, together with costs of suit and a reasonable sum for attorney's fees: PROVIDED, HOWEVER, That the benefits of this section shall not be available to any employee who has knowingly submitted to such violations.
See RCW 49.52.070
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E.6 RCW 49.52.070The benefits of RCW 49.52.070 are unavailable to an employee who has knowingly submitted to the violation.
PROVIDED, HOWEVER, That the benefits of this section shall not be available to any employee who has knowingly submitted to such violations.
See RCW 49.52.070
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E.5 RCW 49.48.083When the department issues a citation and notice of assessment for a wage payment violation, it may order the employer to pay all wages owed plus interest of one percent per month on those wages.
If the department determines that an employer has violated a wage payment requirement and issues to the employer a citation and notice of assessment, the department may order the employer to pay employees all wages owed, including interest of one percent per month on all wages owed, to the employee.
See RCW 49.48.083
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E.7 RCW 49.46.090An agreement by an employee to accept less than the Minimum Wage Act requires is no defense to an action for the full amount due.
Any agreement between such employee and the employer allowing the employee to receive less than what is due under this chapter shall be no defense to such action.
See RCW 49.46.090(1)
How often must workers be paid?
An employer must pay all wages owed to an employee on an established regular pay day, at intervals no longer than monthly . Monthly is the outer limit, not a recommended schedule; more frequent paydays are consistent with the rule. A separate rule governs the last paycheck rather than ordinary paydays: when employment ends, wages due are paid at the end of the established pay period . Where federal law sets payment interval requirements more favorable to an employee than this rule, federal law applies .
Washington also prescribes the contents of the pay stub. Every employer must furnish each employee, at the time wages are paid, an itemized statement showing the pay basis (hours or days worked), the rate or rates of pay, gross wages, and all deductions for that pay period . Pay periods must be identified on the statement by month, day, year, and payment date .
The statement is a separate written document from the paycheck, issued to employees on each payday . It may be furnished or made available electronically, provided each employee has access to receive and copy it on the payday .
The required contents are listed in the rule itself:
Sources for this answer
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F.1 WAC 296-126-023An employer must pay all wages owed on an established regular pay day at intervals no longer than monthly.
(3) An employer shall pay all wages owed to an employee on an established regular pay day at no longer than monthly payment intervals.
See WAC 296-126-023(3)
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F.3 WAC 296-126-023Federal payment interval requirements apply where they are more favorable to an employee than the state rule.
If federal law provides specific payment interval requirements that are more favorable to an employee than the payment interval requirements provided under this rule, federal law shall apply.
See WAC 296-126-023(3)
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F.2 RCW 49.48.010Wages due on account of employment are payable at the end of the established pay period.
(2) When any employee shall cease to work for an employer, whether by discharge or by voluntary withdrawal, the wages due him or her on account of his or her employment shall be paid to him or her at the end of the established pay period: PROVIDED, HOWEVER, That this subsection shall not apply when workers are engaged in an employment that normally involves working for several employers in the same industry interchangeably, and the several employers or some of them cooperate to establish a plan for the weekly payment of wages at a central place or places and in accordance with a unified schedule of paydays providing for at least one payday each week;
See RCW 49.48.010(2)
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F.4 WAC 296-126-040Every employer must furnish each employee, at the time wages are paid, an itemized statement showing pay basis, rate or rates of pay, gross wages, and all deductions for that pay period.
(1) Every employer shall furnish to each employee at the time of payment of wages an itemized statement showing the pay basis (i.e., hours or days worked), rate or rates of pay, gross wages and all deductions for that pay period.
See WAC 296-126-040(1)
Primary source · Primary law
F.5 WAC 296-126-040Pay periods must be identified on the pay statement by month, day, year, and payment date.
Pay periods shall be identified on the pay statement by month, day, year, and payment date.
See WAC 296-126-040(2)
Primary source · Primary law
F.6 WAC 296-126-040An itemized pay statement is a separate written statement from the paycheck, issued to employees on each payday.
An itemized pay statement means a separate written statement from the paycheck issued to employees on each payday.
See WAC 296-126-040
Primary source · Primary law
F.7 WAC 296-126-040A pay statement may be furnished or made available electronically if each employee has access to receive and copy it on the payday.
The pay statement may be furnished or made available electronically provided each employee has access to receive and copy it on the payday.
See WAC 296-126-040
Employee or independent contractor?
Washington does not run every classification question through one statute. The Minimum Wage Act, the employment security title, and the industrial insurance title each supply their own definition.
The Minimum Wage Act starts from its own definitions. To employ includes to permit to work . An employer includes any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee . An employee includes any individual employed by an employer, subject to a list of exclusions — among them, individuals employed in a bona fide executive, administrative, or professional capacity, or as an outside salesperson, as those terms are defined and delimited by rules of the director . Those cited definitions state who is covered; they do not themselves set out a numbered classification test.
The industrial insurance title does state an itemized test. A person is not a worker if he or she meets the tests set forth in RCW 51.08.195(1) through (6) , and services performed for remuneration are not employment subject to that title if all of those conditions are shown . The six conditions are: freedom from control or direction over performance of the service, both under the contract and in fact ; the service being outside the usual course of business, or performed away from all of the enterprise's places of business, or the individual bearing the costs of the principal place of business ; the individual being customarily engaged in an independently established trade of the same nature, or having a principal place of business eligible for a federal business deduction ; responsibility for filing a schedule of expenses with the Internal Revenue Service at the next applicable filing period ; establishment of a Department of Revenue account and receipt of a unified business identifier number ; and maintenance of a separate set of books or records for the business .
Under the unemployment compensation title, services performed for remuneration are deemed employment unless and until the commissioner is satisfied that three conditions are met . The first is that the individual has been and will continue to be free from control or direction over the performance of the service, both under the contract of service and in fact .
The practical point is that each title supplies its own definition, so one working relationship is analyzed separately under each. Two of these tests ask whether the individual is free from control both under the contract of service and in fact , so the contract wording alone does not settle either one.
The chapter defines the verb broadly:
“‘Employ’ includes to permit to work;”
Sources for this answer
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G.1 RCW 49.46.010Under the state minimum wage chapter, to employ includes to permit to work.
As used in this chapter: (1) “Coercion” means a threat to compel or induce a person to engage in conduct which the person has a legal right to abstain from, or to abstain from conduct in which the person has a legal right to engage in; (2) “Director” means the director of labor and industries; (3) “Employ” includes to permit to work; (4) “Employee” includes any individual employed by an employer but shall not include:
See RCW 49.46.010(3)
Primary source · Primary law
G.2 RCW 49.46.010An employer includes any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee.
(5) “Employer” includes any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee; (6) “Occupation” means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which employees are gainfully employed; (7) “Retail or service establishment” means an establishment seventy-five percent of whose annual dollar volume of sales of goods or services, or both, is not for resale and is recognized as retail sales or services in the particular industry;
See RCW 49.46.010(5)
Primary source · Primary law
G.3 RCW 49.46.010An employee includes any individual employed by an employer, subject to listed exclusions.
(4) “Employee” includes any individual employed by an employer but shall not include: (a) Any individual (i) employed as a hand harvest laborer and paid on a piece rate basis in an operation which has been, and is generally and customarily recognized as having been, paid on a piece rate basis in the region of employment; (ii) who commutes daily from his or her permanent residence to the farm on which he or she is employed; and (iii) who has been employed in agriculture less than thirteen weeks during the preceding calendar year;
See RCW 49.46.010(4)
Primary source · Primary law
G.4 RCW 49.46.010Individuals employed in a bona fide executive, administrative, or professional capacity, or as an outside salesperson, as defined by rules of the director, are excluded from the definition of employee.
(c) Any individual employed in a bona fide executive, administrative, or professional capacity or in the capacity of outside salesperson as those terms are defined and delimited by rules of the director.
See RCW 49.46.010(4)(c)
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G.5 RCW 51.08.180A person is not a worker under the industrial insurance title if he or she meets the tests set forth in RCW 51.08.195(1) through (6).
or as an exception to the definition of worker, a person is not a worker if he or she meets the tests set forth in RCW 51.08.195 (1) through (6) or the separate tests set forth in RCW 51.08.181 for work performed that requires registration under chapter 18.27 RCW or licensing under chapter 18.106 or 19.28 RCW: PROVIDED, That a person is not a worker for the purpose of this title, with respect to his or her activities attendant to operating a truck which he or she owns, and which is leased to a common or contract carrier.
See RCW 51.08.180(1)
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G.6 RCW 51.08.195Services performed for remuneration do not constitute employment subject to the industrial insurance title if the listed conditions are shown.
As an exception to the definition of “employer” under RCW 51.08.070 and the definition of “worker” under RCW 51.08.180 , services performed by an individual for remuneration shall not constitute employment subject to this title if it is shown that: (1) The individual has been and will continue to be free from control or direction over the performance of the service, both under the contract of service and in fact; and
See RCW 51.08.195
Primary source · Primary law
G.7 RCW 51.08.195The first condition requires the individual to be free from control or direction over performance of the service, both under the contract and in fact.
As an exception to the definition of “employer” under RCW 51.08.070 and the definition of “worker” under RCW 51.08.180 , services performed by an individual for remuneration shall not constitute employment subject to this title if it is shown that: (1) The individual has been and will continue to be free from control or direction over the performance of the service, both under the contract of service and in fact; and
See RCW 51.08.195(1)
Primary source · Primary law
G.8 RCW 51.08.195The second condition requires the service to be outside the usual course of business, or performed outside all places of business of the enterprise, or the individual to bear the costs of the principal place of business from which the service is performed.
As an exception to the definition of “employer” under RCW 51.08.070 and the definition of “worker” under RCW 51.08.180 , services performed by an individual for remuneration shall not constitute employment subject to this title if it is shown that: (1) The individual has been and will continue to be free from control or direction over the performance of the service, both under the contract of service and in fact; and (2) The service is either outside the usual course of business for which the service is performed, or the service is performed outside all of the places of business of the enterprise for which the service is performed, or the individual is responsible, both under the contract and in fact, for the costs of the principal place of business from which the service is performed; and
See RCW 51.08.195(2)
Primary source · Primary law
G.9 RCW 51.08.195The third condition requires the individual to be customarily engaged in an independently established trade of the same nature as the contracted service, or to have a principal place of business eligible for a federal income tax business deduction.
(3) The individual is customarily engaged in an independently established trade, occupation, profession, or business, of the same nature as that involved in the contract of service, or the individual has a principal place of business for the business the individual is conducting that is eligible for a business deduction for federal income tax purposes; and (4) On the effective date of the contract of service, the individual is responsible for filing at the next applicable filing period, both under the contract of service and in fact, a schedule of expenses with the internal revenue service for the type of business the individual is conducting; and
See RCW 51.08.195(3)
Primary source · Primary law
G.10 RCW 51.08.195The fourth condition requires the individual to be responsible for filing a schedule of expenses with the Internal Revenue Service at the next applicable filing period for the type of business conducted.
(4) On the effective date of the contract of service, the individual is responsible for filing at the next applicable filing period, both under the contract of service and in fact, a schedule of expenses with the internal revenue service for the type of business the individual is conducting; and (5) On the effective date of the contract of service, or within a reasonable period after the effective date of the contract, the individual has established an account with the department of revenue, and other state agencies as required by the particular case, for the business the individual is conducting for the payment of all state taxes normally paid by employers and businesses and has registered for and received a unified business identifier number from the state of Washington; and
See RCW 51.08.195(4)
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G.11 RCW 51.08.195The fifth condition requires the individual to have established a Department of Revenue account for state taxes normally paid by employers and businesses and to have received a unified business identifier number.
(5) On the effective date of the contract of service, or within a reasonable period after the effective date of the contract, the individual has established an account with the department of revenue, and other state agencies as required by the particular case, for the business the individual is conducting for the payment of all state taxes normally paid by employers and businesses and has registered for and received a unified business identifier number from the state of Washington; and
See RCW 51.08.195(5)
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G.12 RCW 51.08.195The sixth condition requires the individual to maintain a separate set of books or records reflecting all items of income and expenses of the business conducted.
(6) On the effective date of the contract of service, the individual is maintaining a separate set of books or records that reflect all items of income and expenses of the business which the individual is conducting.
See RCW 51.08.195(6)
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G.13 RCW 50.04.140Under the unemployment compensation title, one criterion requires the individual to be free from control or direction over performance of the service, both under the contract of service and in fact.
Services performed by an individual for remuneration shall be deemed to be employment subject to this title unless and until it is shown to the satisfaction of the commissioner that: (1)(a) Such individual has been and will continue to be free from control or direction over the performance of such service, both under his or her contract of service and in fact; and (b) Such service is either outside the usual course of business for which such service is performed, or that such service is performed outside of all the places of business of the enterprises for which such service is performed; and (c) Such individual is customarily engaged in an independently established trade, occupation, profession, or business, of the same nature as that involved in the contract of service.
See RCW 50.04.140(1)
Is a tip credit allowed?
Washington allows no tip credit. Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage . Tips therefore sit on top of the minimum wage rather than filling any part of it.
An employer must also pay over what customers leave. The statute requires an employer to pay its employees all tips and gratuities, and all service charges as defined under RCW 49.46.160, except those service charges that are itemized as not being payable to the employee or employees servicing the customer . Service charges are in addition to hourly wages paid or payable to the employees serving the customer .
For employees the chapter covers, the bar on crediting tips against the wage is stated plainly:
Automatic service charges carry a disclosure duty. An employer that imposes an automatic service charge related to food, beverages, entertainment, or porterage must disclose, in an itemized receipt and in any menu given to the customer, the percentage of the charge that is paid or payable directly to the employees serving the customer . The only service charges an employer may withhold from the serving employees are those itemized as not payable to them .
Sources for this answer
Primary source · Primary law
H.1 RCW 49.46.020Tips and service charges paid to an employee are in addition to the hourly minimum wage and may not be counted toward it.
Tips and service charges paid to an employee are in addition to, and may not count towards, the employee's hourly minimum wage.
See RCW 49.46.020(3)
Primary source · Primary law
H.2 RCW 49.46.020An employer must pay employees all tips and gratuities and all service charges, except service charges itemized under RCW 49.46.160 as not payable to the employees servicing the customer.
(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.
See RCW 49.46.020(3)
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H.3 RCW 49.46.160Service charges are in addition to hourly wages paid or payable to the employees serving the customer.
Service charges are in addition to hourly wages paid or payable to the employee or employees serving the customer.
See RCW 49.46.160
Primary source · Primary law
H.4 RCW 49.46.160An employer imposing an automatic service charge for food, beverages, entertainment, or porterage must disclose in an itemized receipt and in any menu the percentage of the charge paid or payable directly to the employees serving the customer.
An employer that imposes an automatic service charge related to food, beverages, entertainment, or porterage provided to a customer must disclose in an itemized receipt and in any menu provided to the customer the percentage of the automatic service charge that is paid or is payable directly to the employee or employees serving the customer.
See RCW 49.46.160
How is it enforced?
There are two tracks, and they are not mutually exclusive.
Private lawsuits. An employer that pays an employee less than the amounts to which the employee is entitled under the state minimum wage chapter is liable to that employee for the full amount due, less any amount actually paid . That liability runs to costs and such reasonable attorney fees as the court allows . A broader fee-shifting statute reaches wage recovery generally: in any action in which a person successfully recovers judgment for wages or salary owed, reasonable attorney fees are assessed against the employer or former employer, unless the recovery is less than or equal to the amount the employer admitted owing .
Individual liability. Owners and managers are not automatically insulated by the business entity. Any officer, vice principal, or agent of an employer that violates RCW 49.52.050(1) and (2) is liable in the employee's civil action .
Agency enforcement. The Department of Labor and Industries may determine that an employer violated a wage payment requirement, issue a citation and notice of assessment, and order the employer to pay all wages owed plus interest of one percent per month . In carrying out the wage collection statutes, the director or an authorized representative may issue subpoenas to compel attendance of witnesses or parties and production of books, papers, or records, administer oaths and examine witnesses under oath, take verification of proof of instruments of writing, and take depositions and affidavits . An employer aggrieved by a citation and notice of assessment, a determination of compliance, or a civil penalty assessment may appeal to the director by filing a notice of appeal within thirty days of issuance .
Criminal exposure. An employer that pays or agrees to pay an employee less than the employee is entitled to under the chapter, or otherwise violates the chapter or a regulation issued under it, is guilty of a gross misdemeanor upon conviction .
Retaliation. An employer that discharges or in any other manner discriminates against an employee because the employee complained about not being paid in accordance with the chapter, caused or is about to cause a proceeding to be instituted, or testified or is about to testify in such a proceeding, is in violation of the chapter and is guilty of a gross misdemeanor upon conviction .
Time limits. The cited limitations statutes are framed in terms of contract actions rather than naming wage claims. Actions upon a contract in writing, or on a liability express or implied arising out of a written agreement , must be commenced within six years . A three-year period applies to an action upon a contract or liability, express or implied, that is not in writing and does not arise out of any written instrument . Neither section states which period governs a statutory wage claim under the Minimum Wage Act, and this note does not resolve it; the applicable period turns on the particular cause of action and on authority beyond these two sections.
The private remedy under the minimum wage chapter is stated in terms of making the employee whole:
A citation and notice of assessment, a determination of compliance, or an assessment of a civil penalty that is not appealed within thirty days is final and binding, and not subject to further appeal . Let the thirty days lapse and the assessment is final and binding, with no further appeal available , so an employer that plans to contest one should start the clock the moment it arrives.
Sources for this answer
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I.1 RCW 49.46.090An employer that underpays an employee under chapter 49.46 RCW is liable to that employee for the full amount due, less amounts actually paid.
Any employer who pays any employee less than the amounts to which such employee is entitled under or by virtue of this chapter, shall be liable to such employee affected for the full amount due to such employee under this chapter, less any amount actually paid to such employee by the employer, and for costs and such reasonable attorney's fees as may be allowed by the court.
See RCW 49.46.090(1)
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I.2 RCW 49.46.090An employer liable under RCW 49.46.090(1) is also liable for costs and reasonable attorney fees as allowed by the court.
(1) Any employer who pays any employee less than the amounts to which such employee is entitled under or by virtue of this chapter, shall be liable to such employee affected for the full amount due to such employee under this chapter, less any amount actually paid to such employee by the employer, and for costs and such reasonable attorney's fees as may be allowed by the court.
See RCW 49.46.090(1)
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I.3 RCW 49.48.030Reasonable attorney fees are assessed against the employer when a person recovers judgment for wages or salary owed, unless the recovery is less than or equal to the amount the employer admitted owing.
In any action in which any person is successful in recovering judgment for wages or salary owed to him or her, reasonable attorney's fees, in an amount to be determined by the court, shall be assessed against said employer or former employer: PROVIDED, HOWEVER, That this section shall not apply if the amount of recovery is less than or equal to the amount admitted by the employer to be owing for said wages or salary.
See RCW 49.48.030
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I.4 RCW 49.52.070An officer, vice principal, or agent of an employer is liable in the aggrieved employee's civil action for violations of RCW 49.52.050(1) and (2).
Any employer and any officer, vice principal or agent of any employer who shall violate any of the provisions of RCW 49.52.050 (1) and (2) shall be liable in a civil action by the aggrieved employee or his or her assignee to judgment for twice the amount of the wages unlawfully rebated or withheld by way of exemplary damages, together with costs of suit and a reasonable sum for attorney's fees: PROVIDED, HOWEVER, That the benefits of this section shall not be available to any employee who has knowingly submitted to such violations.
See RCW 49.52.070
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I.5 RCW 49.48.083The Department of Labor and Industries may issue a citation and notice of assessment for a wage payment violation and order payment of all wages owed plus one percent monthly interest.
If the department determines that an employer has violated a wage payment requirement and issues to the employer a citation and notice of assessment, the department may order the employer to pay employees all wages owed, including interest of one percent per month on all wages owed, to the employee.
See RCW 49.48.083
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I.6 RCW 49.48.040The director or an authorized representative may issue subpoenas, administer oaths and examine witnesses, take verification of proof of instruments of writing, and take depositions and affidavits to carry out RCW 49.48.040 through 49.48.080.
(3) The director of the department or any authorized representative may, for the purpose of carrying out RCW 49.48.040 through 49.48.080 : (a) Issue subpoenas to compel the attendance of witnesses or parties and the production of books, papers, or records; (b) administer oaths and examine witnesses under oath; (c) take the verification of proof of instruments of writing; and (d) take depositions and affidavits.
See RCW 49.48.040(3)
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I.7 RCW 49.48.084A person aggrieved by a citation and notice of assessment, determination of compliance, or civil penalty assessment may appeal to the director by filing a notice of appeal within thirty days of issuance.
(1) A person, firm, or corporation aggrieved by a citation and notice of assessment or a determination of compliance issued by the department under RCW 49.48.083 or the assessment of civil penalty due to a determination of status as a repeat willful violator may appeal the citation and notice of assessment, the determination of compliance, or the assessment of civil penalty to the director by filing a notice of appeal with the director within thirty days of the department's issuance of the citation and notice of assessment, the determination of compliance, or the assessment of civil penalty.
See RCW 49.48.084(1)
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I.14 RCW 49.48.084A citation and notice of assessment, determination of compliance, or civil penalty assessment not appealed within thirty days is final and binding and not subject to further appeal.
A citation and notice of assessment, a determination of compliance, or an assessment of a civil penalty not appealed within thirty days is final and binding, and not subject to further appeal.
See RCW 49.48.084
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I.8 RCW 49.46.100An employer that pays an employee less than the chapter entitles, or otherwise violates the chapter or its regulations, is guilty of a gross misdemeanor upon conviction.
or refuses to furnish a sworn statement of such record or any other information required for the proper enforcement of this chapter to the director or his or her authorized representatives upon demand, or pays or agrees to pay an employee less than the employee is entitled to under this chapter, or otherwise violates any provision of this chapter or of any regulation issued under this chapter shall be deemed in violation of this chapter and shall, upon conviction therefor, be guilty of a gross misdemeanor.
See RCW 49.46.100(1)
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I.9 RCW 49.46.100An employer that discharges or discriminates against an employee for complaining about unpaid wages, instituting a proceeding, or testifying violates the chapter and is guilty of a gross misdemeanor upon conviction.
(2) Any employer who discharges or in any other manner discriminates against any employee because such employee has made any complaint to his or her employer, to the director, or his or her authorized representatives that he or she has not been paid wages in accordance with the provisions of this chapter, or that the employer has violated any provision of this chapter, or because such employee has caused to be instituted or is about to cause to be instituted any proceeding under or related to this chapter, or because such employee has testified or is about to testify in any such proceeding shall be deemed in violation of this chapter and shall, upon conviction therefor, be guilty of a gross misdemeanor.
See RCW 49.46.100(2)
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I.11 RCW 4.16.040The actions listed in RCW 4.16.040 must be commenced within six years.
The following actions shall be commenced within six years: (1) An action upon a contract in writing, or liability express or implied arising out of a written agreement, except as provided for in RCW 64.04.007 (2).
See RCW 4.16.040
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I.10 RCW 4.16.040An action upon a contract in writing, or on a liability express or implied arising out of a written agreement, is among the actions governed by RCW 4.16.040.
The following actions shall be commenced within six years: (1) An action upon a contract in writing, or liability express or implied arising out of a written agreement, except as provided for in RCW 64.04.007 (2).
See RCW 4.16.040(1)
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I.12 RCW 4.16.080The actions listed in RCW 4.16.080 must be commenced within three years.
The following actions shall be commenced within three years: (1) An action for waste or trespass upon real property; (2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated; (3) Except as provided in RCW 4.16.040 (2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;
See RCW 4.16.080
Primary source · Primary law
I.13 RCW 4.16.080An action upon a contract or liability, express or implied, that is not in writing and does not arise out of any written instrument is among the actions governed by RCW 4.16.080.
The following actions shall be commenced within three years: (1) An action for waste or trespass upon real property; (2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated; (3) Except as provided in RCW 4.16.040 (2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;
See RCW 4.16.080(3)