2–5Hour window in which the meal period must beginWAC 296-126-092
80°FHeat rule tier one — water, shade, acclimatizationyear-round since 2023
100°FTier three — paid 15-min cool-down every hourWAC 296-62-095
$17.13State minimum wage — among the highest in the USSeattle: $21.30
Washington in short
Washington requires meal and rest breaks on a schedule closer to California’s than to its neighbors’. Under WAC 296-126-092, a 30-minute meal period must begin no less than two and no more than five hours from the start of the shift — a two-sided window, not simply a deadline — and no employee may work more than five consecutive hours without one. Paid 10-minute rest breaks are required for every 4 hours worked. Overtime, however, is weekly-only past 40 hours; there is no general daily overtime in Washington outside prevailing-wage public works.
Washington’s outdoor heat rule (WAC 296-62-095) has been permanent and year-round since July 17, 2023, and it explicitly names roofing and construction. It escalates in three tiers: at 80°F, water, shade, cool-down access, and 14-day acclimatization for new workers; at 90°F, mandatory paid 10-minute cool-down periods every two hours plus a buddy system; at 100°F, mandatory paid 15-minute cool-downs every hour. The frequently quoted 89°F figure is from the superseded 2021–22 emergency rule and should not be relied on.
Summary as of July 2026 — rules move; verify current requirements with the Washington labor department and qualified counsel. The California column is there for scale, not because it applies to you: it's the regime CDO's engine was built to, which is why Washington's rules run inside it with room to spare.
What Washington employers actually have to get right
Washington’s break timing is stricter than most contractors expect, and the shape of the rule matters. WAC 296-126-092 requires a 30-minute meal period beginning no less than two hours and no more than five hours after the start of the shift. That is a two-sided window — a break taken 90 minutes in is as non-compliant as one taken at hour six — and separately, no employee may work more than five consecutive hours without a meal period. An additional meal period is required for shifts running three or more hours beyond a normal workday. Rest breaks are 10 paid minutes per 4 hours worked.
Overtime is comparatively simple: weekly-only past 40 hours, aligned with the FLSA. There is no general daily overtime in Washington. Prevailing-wage public works under RCW 39.12 may carry daily overtime obligations, which is worth confirming per contract if you bid public jobs.
The heat rule is where Washington leads the country. WAC 296-62-095 has been permanent and year-round since July 17, 2023 — not a summer-only emergency measure — and explicitly covers roofing and construction. The tiers escalate: at 80°F (or 52°F when non-breathable PPE is worn), employers must provide water, shade, cool-down access, and a 14-day acclimatization period for new and returning workers. At 90°F, paid 10-minute cool-down periods every two hours become mandatory, along with a buddy system. At 100°F, cool-downs become paid 15-minute periods every hour.
One correction worth making explicitly, because it circulates widely: the 89°F trigger some sources still cite is obsolete. It came from the 2021–22 emergency rule that the permanent standard superseded. The operative figures are 80, 90, and 100.
Washington also has a construction-specific paid sick leave rule that most payroll systems miss. Since January 1, 2024 (SB 5111), a construction worker in NAICS sector 23 who separates before reaching their 90th day of employment must be paid out their full accrued, unused sick leave on the final check — an obligation non-construction employees in the same window do not trigger. Residential building construction (NAICS 236100) is excluded from this rule, so the correct treatment depends on your entity’s NAICS code. For high-turnover roofing and framing crews, this is a recurring, easily missed payout.
Wages are high and layered: $17.13 statewide for 2026, among the highest in the nation and indexed annually, with Seattle at $21.30 and Tukwila higher still. Standard paid sick leave accrues at one hour per 40 hours worked and becomes usable on the 90th calendar day.
The one most Washington contractors get wrong
Two things. First, the meal period is a window, not a deadline: it must begin between hours two and five, so a crew that eats at 8:30 a.m. after a 7:00 a.m. start is non-compliant on the early side — a failure mode nobody tests for. Second, the NAICS-23 sick leave cash-out: construction workers who separate before day 90 must be paid their accrued unused sick leave on the final check, while non-construction employees in the same window get nothing. Residential building construction (NAICS 236100) is carved out, so the answer depends on your entity’s code. High-turnover crews trigger this constantly and payroll rarely catches it.
Wherever the rules land on the strictness scale, the constant is the same: disputes are decided by records. CDO's GPS-verified, minute-level, bilingual punch trail — reviewed by AI, with exceptions surfaced for human judgment — is the record that wins them. See why teams pick CDO →