Washington employers are experiencing a significant rise in wage-and-hour class action lawsuits, a trend that has accelerated with the recent entry of several California-based law firms into the state. These firms, well-versed in California’s rigorous wage-and-hour litigation landscape, are now actively filing numerous cases on behalf of Washington employees. The lawsuits frequently target alleged violations such as failure to provide required meal and rest breaks, misclassification of employees, and improper calculation of overtime and regular rates of pay. This influx of experienced plaintiff-side counsel has heightened the litigation risk for employers across a broad range of industries, including health care, hospitality, retail and skilled trades.
Washington’s Wage-and-Hour Laws
Washington’s wage and hour laws, including the Minimum Wage Act (MWA) and wage theft laws, impose some of the strictest requirements in the nation. The state mandates a minimum wage of $16.66 per hour as of 2025, with even higher rates in certain cities such as Seattle and SeaTac. Overtime must be paid at 1.5 times the regular rate for all hours worked over 40 in a workweek, and the regular rate must generally include all forms of compensation, such as non-discretionary bonuses and commissions. Employers are also required to provide a paid 10-minute rest break for every four hours worked and an unpaid 30-minute meal break for shifts longer than five hours. Failure to comply with these requirements can result in substantial liability, including back pay, penalties, and attorneys’ fees.
Proactive Steps for Companies
Given the current enforcement climate, companies with operations in Washington should consider proactively auditing their wage-and-hour policies and practices. Key areas of focus should include ensuring that all employees — regardless of classification — receive their mandated meal and rest breaks, that timekeeping systems accurately capture all hours worked (including off-the-clock and unauthorized overtime), and that payroll calculations for overtime and regular rates are fully compliant with federal and state law. Employers should also review their recordkeeping practices, as Washington law requires detailed records of hours worked, pay rates, and wage deductions to be maintained for at least three years. Any meal waivers should also be documented and retained.
A comprehensive compliance review now can help identify and address potential vulnerabilities before they become the subject of litigation or regulatory investigation. In light of the increased scrutiny and aggressive litigation tactics being employed by newly established plaintiff firms in Washington, companies are strongly encouraged to consult with experienced employment counsel and implement robust training and monitoring programs. Taking these proactive steps will not only mitigate the risk of costly class action lawsuits but also foster a culture of compliance and fair treatment in the workplace.
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