Nov 30, 2023

To print this article, all you need is to be registered or login on Mondaq.com. Multiple new laws will take effect in Washington state beginningJanuary 2024, bringing changes to the state's minimum wage lawsand adding requirements under the state's Paid Sick LeaveLaw. Minimum Wage Increases at State and Local Levels Washington state will have the highest minimum wage in thecountry as of January 1, 2024. The state minimum wage will increaseto $16.28 per hour, a 3.4% increase over last year's minimumwage, and more than double the federal minimum wage, whichcontinues to sit at $7.25. The new minimum wage rate will apply to workers who are 16 yearsold and older. Employees who are 14 or 15 years old may be paid$13.84 per hour. Some cities in Washington mandate higher minimum wages. InSeattle, the minimum wage owed to employees is based on employersize. Effective January 1, 2024, minimum wage rates in Seattle willincrease as follows: EmployerSize Changes to Washington's Paid Sick Leave Law Washington's Paid Sick Leave Law requires employers toprovide workers at least one hour of paid sick leave for every 40hours they work. The accrual starts on a worker's first day ofwork, but workers can't use earned leave until they havecompleted at least 90 days on the job. Washington state is updating its mandatory paid sick leaveprogram to cover construction workers who have missed out on thisbenefit. "Construction workers, by the nature of the trade andthe career, work for multiple employers even within a month. Theyare dispatched from union halls to go out to different employers,so they rarely hit that 90 days with a single employer," saidErin Frasier, assistant executive secretary of the Washington StateBuilding and Construction Trades Council. Effective January 1, 2024, employers with construction workerswho have not reached their 90th calendar day of employment will berequired to pay accrued but unused sick leave upon the worker'sseparation from employment. The change, prompted by Senate Bill5111, requires employers to pay out any unused leave on aconstruction worker's final check. This requirement will broadly apply to employers who haveworkers covered under the North American Industry ClassificationSystem (NAICS) Code 23 construction. However, employers engagedsolely in residential building construction (under NAICS 236100)will be exempt from this new requirement. Takeaways for Employers With the start of the new year fast approaching, employersshould check to ensure all nonexempt employees are earning at leastthe minimum wage. This is especially important for employers withemployees across multiple cities, given that the minimum wage mayvary. Now is also a good time for employers to review theirovertime policies to ensure employees are accurately characterizedas exempt or nonexempt and are being paid accordingly. Finally,employers with construction workers should review their policies toensure compliance with the updated requirements underWashington's Paid Sick Leave Law. © 2023 Perkins Coie LLP The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances. AUTHOR(S)