Washington Employer Checklist
We’ve got you covered on the payroll end. Please read carefully the following resources and information to help keep you in compliance with WA labor laws.
Have your employee fill this out at time of hiring. You do not submit this to anyone, just keep it filed in case of an audit.
Have your employee fill this out at time of hiring. Refer to the data input by the employee to complete the employee’s profile in the app (you can change withholdings throughout year if employee requests this). You do not submit this form to anyone, just file it in case of an audit.
You are required to give your employee certain notices.
Paid Family and Medical Leave Brochure Brochure
Please check additional notices that might apply to you.
MINIMUM WAGE: REQUIRED BY LAW
All household employees are classified as hourly (non-exempt) and are subject to minimum wage protections. To check if your city (Seattle and SeaTac) has a higher minimum wage requirement than the state, click on the following:
Washington Labor & Industries minimum wage
The Economic Policy Institute - Minimum Wage Tracker
PAID SICK LEAVE: REQUIRED BY LAW
Resource: WA L & I paid sick leave min. requirements
You are required to provide paid sick leave, accruing at the rate of 1 hour for every 40 hours worked or be offered in full at the beginning of the year. New employees begin accruing paid sick leave on their first day of work, and are allowed to use their accrued sick leave no more than 90 calendar days after they start working with you.
The easy way is to calculate total expected hours for the year divided by 40. For example, an employee who works 20 hours/week would be entitled to 26 hours of sick time throughout the year. A 40 hour full-time employee would receive 52 hours. Sick time that doesn’t get used can carry over to the next year, but employers may cap it at 40 hours. Any unused sick time does not need to be paid out upon termination. Simply enter those hours into your employee’s profile within the Paid Time Off section.
OVERTIME:
Most employees who work more than 40 hours in a 7-day workweek must be paid overtime. Overtime pay must be at least 1.5 times the employee’s regular hourly rate. Employees cannot waive their right to overtime pay.
WORKERS’ COMPENSATION INSURANCE: required if 2+ full-time employees OR nursing care
This is protection for you from liability if your employee gets injured or sick on the job.
Washington State does not require employers to have workers’ compensation coverage for one employee. If an employer has two or more household employees who work 40 hours or more regularly, per week, then all employees must receive workers’ compensation insurance coverage. Also, if an employee is providing nursing care, coverage is required. To learn more about obtaining coverage, please contact the WA Dept. of Labor and Industries.
Think about obtaining coverage even if not required, as it usually provides protection from a lawsuit if your employee accepts workers’ comp benefits, regardless of who is at fault. You can obtain voluntary coverage through the WA Dept. of Labor and Industries.
Having a contract reduces awkwardness and misunderstandings, especially as things come up you just didn’t anticipate. If you don’t have a contract with your employee, you can download this one and modify for your situation. This one is for a nanny, but you can easily change out the role of the employee, such as for a housekeeper or caregiver, making it work for you.
Additionally, Hand In Hand, a non-profit that supports domestic employers + employees, is a good resource for tackling all sorts of challenges that come with household employment, creating a more dignified and respectful workplace for all. Take advantage of their excellent and free sample contracts and guide books.
The information provided on this page is general in nature. This is not to be taken as tax, legal, benefits, financial, or HR advice. Since rules and regulations change over time and can vary by location, consult an attorney or financial advisor for your specific situation.