32 hour workweek

AN ACT Relating to reducing the standard workweek from 40 hours 1
to 32 hours; amending RCW 49.46.130 and 49.46.210; creating a new 2
section; and providing an effective date. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The legislature recognizes a 32-hour 5
workweek offers substantial benefits for workers, particularly in 6
supporting families that depend on dual incomes. With both parents 7
often working full-time, reduced hours provide crucial flexibility 8
for managing child care, household responsibilities, and family time 9
without sacrificing financial stability. Beyond family support, 10
employees experience significant improvements in their quality of 11
life: Reduced stress levels, better mental and physical health, 12
enhanced work-life balance, and greater overall well-being. These 13
benefits translate into higher job satisfaction and engagement, 14
creating a more fulfilled and motivated workforce that can bring 15
renewed energy and focus to their work.16
Further, the legislature finds there are equal benefits for 17
employers. The transition to a shorter workweek does not mean reduced 18
output. In fact, many companies have found that productivity either 19
maintains its level or actually increases as workers become more 20
focused and efficient with their time. This modernized approach to 21
H-2608.1
HOUSE BILL 2611
State of Washington 69th Legislature 2026 Regular Session
By Representatives Scott, Parshley, Simmons, Fosse, Cortes, and Hill
Read first time 01/21/26. Referred to Committee on Labor & Workplace
Standards.
p. 1 HB 2611
the standard workweek helps keep the state competitive in attracting 1
and retaining top talent, particularly among younger workers who 2
increasingly prioritize flexibility and well-being. The timing is 3
particularly relevant given how advances in automation and artificial 4
intelligence have dramatically increased what workers can accomplish 5
in fewer hours; yet historically, the gains from these technological 6
efficiencies have flowed primarily to company profits rather than 7
being shared with workers through reduced hours or increased 8
compensation. As artificial intelligence continues to accelerate 9
productivity and reshape the workplace while also creating 10
uncertainty about job displacement, a 32-hour workweek represents a 11
forward-thinking way to share the benefits of technological progress 12
with workers while simultaneously reducing turnover costs and 13
fostering a more engaged, loyal workforce. 14
Sec. 2. RCW 49.46.130 and 2021 c 249 s 2 are each amended to 15
read as follows: 16
(1) Except as otherwise provided in this section, no employer 17
shall employ any of his or her employees for a workweek longer than 18
((forty)) 32 hours unless such employee receives compensation for his 19
or her employment in excess of the hours above specified at a rate 20
not less than one and one-half times the regular rate at which he or 21
she is employed. 22
(2) This section does not apply to: 23
(a) Any person exempted pursuant to RCW 49.46.010(((3))) (4). The 24
payment of compensation or provision of compensatory time off in 25
addition to a salary shall not be a factor in determining whether a 26
person is exempted under RCW 49.46.010(((3)(c))) (4)(c);27
(b) Employees who request compensating time off in lieu of 28
overtime pay; 29
(c) Any individual employed as a seaman whether or not the seaman 30
is employed on a vessel other than an American vessel;31
(d) Seasonal employees who are employed at concessions and 32
recreational establishments at agricultural fairs, including those 33
seasonal employees employed by agricultural fairs, within the state 34
provided that the period of employment for any seasonal employee at 35
any or all agricultural fairs does not exceed ((fourteen)) 14 working 36
days a year; 37
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(e) Any individual employed as a motion picture projectionist if 1
that employee is covered by a contract or collective bargaining 2
agreement which regulates hours of work and overtime pay;3
(f) An individual employed as a truck or bus driver who is 4
subject to the provisions of the Federal Motor Carrier Act (49 U.S.C. 5
Sec. 3101 et seq. and 49 U.S.C. Sec. 10101 et seq.), if the 6
compensation system under which the truck or bus driver is paid 7
includes overtime pay, reasonably equivalent to that required by this 8
subsection, for working longer than forty hours per week;9
(g) Any individual employed as an agricultural employee. This 10
exemption from subsection (1) of this section applies only until 11
December 31, 2021; 12
(h) Any industry in which federal law provides for an overtime 13
payment based on a workweek other than forty hours. However, the 14
provisions of the federal law regarding overtime payment based on a 15
workweek other than forty hours shall nevertheless apply to employees 16
covered by this section without regard to the existence of actual 17
federal jurisdiction over the industrial activity of the particular 18
employer within this state. For the purposes of this subsection, 19
"industry" means a trade, business, industry, or other activity, or 20
branch, or group thereof, in which individuals are gainfully employed 21
(section 3 (h) of the Fair Labor Standards Act of 1938, as amended 22
(Public Law 93-259)); 23
(i) Any hours worked by an employee of a carrier by air subject 24
to the provisions of subchapter II of the Railway Labor Act (45 25
U.S.C. Sec. 181 et seq.), when such hours are voluntarily worked by 26
the employee pursuant to a shift-trading practice under which the 27
employee has the opportunity in the same or in other workweeks to 28
reduce hours worked by voluntarily offering a shift for trade or 29
reassignment; and 30
(j) Any individual licensed under chapter 18.85 RCW unless the 31
individual is providing real estate brokerage services under a 32
written contract with a real estate firm which provides that the 33
individual is an employee. For purposes of this subsection (2)(j), 34
"real estate brokerage services" and "real estate firm" mean the same 35
as defined in RCW 18.85.011. 36
(3) No employer shall be deemed to have violated subsection (1) 37
of this section by employing any employee of a retail or service 38
establishment for a workweek in excess of the applicable workweek 39
specified in subsection (1) of this section if: 40
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(a) The regular rate of pay of the employee is in excess of one 1
and one-half times the minimum hourly rate required under RCW 2
49.46.020; and 3
(b) More than half of the employee's compensation for a 4
representative period, of not less than one month, represents 5
commissions on goods or services. 6
In determining the proportion of compensation representing 7
commissions, all earnings resulting from the application of a bona 8
fide commission rate is to be deemed commissions on goods or services 9
without regard to whether the computed commissions exceed the draw or 10
guarantee. 11
(4) No employer of commissioned salespeople primarily engaged in 12
the business of selling automobiles, trucks, recreational vessels, 13
recreational vessel trailers, recreational vehicle trailers, 14
recreational campers, manufactured housing, or farm implements to 15
ultimate purchasers shall violate subsection (1) of this section with 16
respect to such commissioned salespeople if the commissioned 17
salespeople are paid the greater of: 18
(a) Compensation at the hourly rate, which may not be less than 19
the rate required under RCW 49.46.020, for each hour worked up to 20
((forty)) 32 hours per week, and compensation of one and one-half 21
times that hourly rate for all hours worked over ((forty)) 32 hours 22
in one week; or 23
(b) A straight commission, a salary plus commission, or a salary 24
plus bonus applied to gross salary. 25
(5) No public agency shall be deemed to have violated subsection 26
(1) of this section with respect to the employment of any employee in 27
fire protection activities or any employee in law enforcement 28
activities (including security personnel in correctional 29
institutions) if: (a) In a work period of ((twenty-eight)) 28 30
consecutive days the employee receives for tours of duty which in the 31
aggregate exceed ((two hundred forty )) 240 hours; or (b) in the case 32
of such an employee to whom a work period of at least seven but less 33
than ((twenty-eight)) 28 days applies, in his or her work period the 34
employee receives for tours of duty which in the aggregate exceed a 35
number of hours which bears the same ratio to the number of 36
consecutive days in his or her work period as ((two hundred forty )) 37
240 hours bears to ((twenty-eight)) 28 days; compensation at a rate 38
not less than one and one-half times the regular rate at which he or 39
she is employed. 40
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(6)(((a) Beginning January 1, 2022, any agricultural employee 1
shall not be employed for more than 55 hours in any one workweek 2
unless the agricultural employee receives one and one-half times that 3
agricultural employee's regular rate of pay for all hours worked over 4
55 in any one workweek.5
(b) Beginning January 1, 2023, any agricultural employee shall 6
not be employed for more than 48 hours in any one workweek unless the 7
agricultural employee receives one and one-half times that 8
agricultural employee's regular rate of pay for all hours worked over 9
48 in any one workweek.10
(c) Beginning January 1, 2024, any )) Any agricultural employee 11
shall not be employed for more than ((40)) 32 hours in any one 12
workweek unless the agricultural employee receives one and one-half 13
times that agricultural employee's regular rate of pay for all hours 14
worked over ((40)) 32 in any one workweek. 15
(7)(a) No damages, statutory or civil penalties, attorneys' fees 16
and costs, or other type of relief may be granted against an employer 17
to an agricultural or dairy employee seeking unpaid overtime due to 18
the employee's historical exclusion from overtime under subsection 19
(2)(g) of this section, as it existed on November 4, 2020.20
(b) This subsection applies to all claims, causes of actions, and 21
proceedings commenced on or after November 5, 2020, regardless of 22
when the claim or cause of action arose. To this extent, this 23
subsection applies retroactively, but in all other respects it 24
applies prospectively. 25
(c) This subsection does not apply to dairy employees entitled to 26
back pay or other relief as a result of being a member in the class 27
of plaintiffs in Martinez-Cuevas v. DeRuyter Bros. Dairy , 196 Wn.2d 28
506 (2020). 29
(8) For the purposes of this section, "agricultural employee" 30
means any individual employed: (a) On a farm, in the employ of any 31
person, in connection with the cultivation of the soil, or in 32
connection with raising or harvesting any agricultural or 33
horticultural commodity, including raising, shearing, feeding, caring 34
for, training, and management of livestock, bees, poultry, and 35
furbearing animals and wildlife, or in the employ of the owner or 36
tenant or other operator of a farm in connection with the operation, 37
management, conservation, improvement, or maintenance of such farm 38
and its tools and equipment; (b) in packing, packaging, grading, 39
storing or delivering to storage, or to market or to a carrier for 40
p. 5 HB 2611
transportation to market, any agricultural or horticultural 1
commodity; or (c) (([in])) in commercial canning, commercial 2
freezing, or any other commercial processing, or with respect to 3
services performed in connection with the cultivation, raising, 4
harvesting, and processing of oysters or in connection with any 5
agricultural or horticultural commodity after its delivery to a 6
terminal market for distribution for consumption. An agricultural 7
employee does not include a dairy employee. 8
(9) For the purposes of this section, "dairy employee" includes 9
any employee engaged in dairy cattle and milk production activities 10
described in code 112120 of the North American industry 11
classification system. 12
Sec. 3. RCW 49.46.210 and 2025 c 170 s 1 are each amended to 13
read as follows: 14
(1) Beginning January 1, 2018, except as provided in RCW 15
49.46.180, every employer shall provide each of its employees paid 16
sick leave as follows: 17
(a) An employee shall accrue at least one hour of paid sick leave 18
for every ((forty)) 32 hours worked as an employee. An employer may 19
provide paid sick leave in advance of accrual provided that such 20
front-loading meets or exceeds the requirements of this section for 21
accrual, use, and carryover of paid sick leave. 22
(b) An employee is authorized to use paid sick leave for the 23
following reasons: 24
(i) An absence resulting from an employee's mental or physical 25
illness, injury, or health condition; to accommodate the employee's 26
need for medical diagnosis, care, or treatment of a mental or 27
physical illness, injury, or health condition; or an employee's need 28
for preventive medical care; 29
(ii) To allow the employee to provide care for a family member 30
with a mental or physical illness, injury, or health condition; care 31
of a family member who needs medical diagnosis, care, or treatment of 32
a mental or physical illness, injury, or health condition; or care 33
for a family member who needs preventive medical care;34
(iii) When the employee's place of business has been closed by 35
order of a public official for any health-related reason, or when an 36
employee's child's school or place of care has been closed for such a 37
health-related reason or after the declaration of an emergency by a 38
p. 6 HB 2611
local or state government or agency, or by the federal government; 1
and 2
(iv) To allow the employee to prepare for, or participate in, any 3
judicial or administrative immigration proceeding involving the 4
employee or employee's family member. 5
(c) An employee is authorized to use paid sick leave for absences 6
that qualify for leave under the domestic violence leave act, chapter 7
49.76 RCW. 8
(d) An employee is entitled to use accrued paid sick leave 9
beginning on the ninetieth calendar day after the commencement of his 10
or her employment. 11
(e) Employers are not prevented from providing more generous paid 12
sick leave policies or permitting use of paid sick leave for 13
additional purposes. 14
(f) An employer may require employees to give reasonable notice 15
of an absence from work, so long as such notice does not interfere 16
with an employee's lawful use of paid sick leave. 17
(g)(i) For absences exceeding three days, an employer may require 18
verification that an employee's use of paid sick leave is for an 19
authorized purpose. If an employer requires verification, 20
verification must be provided to the employer within a reasonable 21
time period during or after the leave. An employer's requirements for 22
verification may not result in an unreasonable burden or expense on 23
the employee and may not exceed privacy or verification requirements 24
otherwise established by law. 25
(ii)(A) For purposes of fulfilling a request for verification for 26
leave taken under (b)(iv) of this subsection, an employee may submit, 27
and the employer must accept: 28
(I) Documentation that the employee or the employee's family 29
member is involved in a qualifying immigration proceeding from any of 30
the following persons from whom the employee or employee's family 31
member sought assistance in addressing the proceeding: An advocate 32
for immigrants or refugees, an attorney, a member of the clergy, or 33
other professional. The provision of documentation under this 34
subsection does not waive or diminish the confidential or privileged 35
nature of communications between an employee or an employee's family 36
member and one or more of the individuals described in this 37
subsection pursuant to RCW 5.60.060 or other applicable law; or38
(II) An employee's written statement that the employee or the 39
employee's family member is involved in a qualifying immigration 40
p. 7 HB 2611
proceeding and that the leave taken was for one of the purposes 1
described in (b)(iv) of this subsection. 2
(B) The documentation or written statement must not disclose any 3
personally identifiable information about a person's immigration 4
status or underlying immigration protection. 5
(h) An employer may not require, as a condition of an employee 6
taking paid sick leave, that the employee search for or find a 7
replacement worker to cover the hours during which the employee is on 8
paid sick leave. 9
(i) For each hour of paid sick leave used, an employee shall be 10
paid the greater of the minimum hourly wage rate established in this 11
chapter or his or her normal hourly compensation. The employer is 12
responsible for providing regular notification to employees about the 13
amount of paid sick leave available to the employee.14
(j) Except as provided in (l) of this subsection, accrued and 15
unused paid sick leave carries over to the following year, but an 16
employer is not required to allow an employee to carry over paid sick 17
leave in excess of 40 hours. 18
(k) Except as provided in (l) of this subsection, an employer is 19
not required to provide financial or other reimbursement for accrued 20
and unused paid sick leave to any employee upon the employee's 21
termination, resignation, retirement, or other separation from 22
employment. When there is a separation from employment and the 23
employee is rehired within 12 months of separation by the same 24
employer, whether at the same or a different business location of the 25
employer, previously accrued unused paid sick leave shall be 26
reinstated and the previous period of employment shall be counted for 27
purposes of determining the employee's eligibility to use paid sick 28
leave under (d) of this subsection. For purposes of this subsection 29
(1)(k), "previously accrued and unused paid sick leave" does not 30
include sick leave paid out to a construction worker under (l) of 31
this subsection. 32
(l)(i) A construction industry employer must pay a construction 33
worker, who has not met the 90th day eligibility under (d) of this 34
subsection at the time of separation, the balance of the worker's 35
accrued and unused paid sick leave at the end of the established pay 36
period following the worker's separation pursuant to RCW 37
49.48.010(2). 38
p. 8 HB 2611
(ii) The definitions in this subsection (1)(l)(ii) apply 1
throughout this subsection (1)(l) unless the context clearly requires 2
otherwise. 3
(A) "Construction worker" means a worker who performed service, 4
maintenance, or construction work on a jobsite, in the field or in a 5
fabrication shop using the tools of the worker's trade or craft.6
(B) "Construction industry employer" means an employer in the 7
industry described in North American industry classification system 8
industry code 23, except for residential building construction code 9
2361. 10
(2) The definitions in this subsection apply throughout this 11
section, except for subsection (5) of this section:12
(a) "Family member" means a child, grandchild, grandparent, 13
parent, sibling, or spouse of an employee, and also includes any 14
individual who regularly resides in the employee's home or where the 15
relationship creates an expectation that the employee care for the 16
person, and that individual depends on the employee for care. "Family 17
member" includes any individual who regularly resides in the 18
employee's home, except that it does not include an individual who 19
simply resides in the same home with no expectation that the employee 20
care for the individual. 21
(b) "Child" means a biological, adopted, or foster child, a 22
stepchild, a child's spouse, or a child to whom the employee stands 23
in loco parentis, is a legal guardian, or is a de facto parent, 24
regardless of age or dependency status. 25
(c) "Grandchild" means a child of the employee's child.26
(d) "Grandparent" means a parent of the employee's parent.27
(e) "Parent" means the biological, adoptive, de facto, or foster 28
parent, stepparent, or legal guardian of an employee or the 29
employee's spouse, or an individual who stood in loco parentis to an 30
employee when the employee was a child. 31
(f) "Spouse" means a husband or wife, as the case may be, or 32
state registered domestic partner. 33
(3) An employer may not adopt or enforce any policy that counts 34
the use of paid sick leave time as an absence that may lead to or 35
result in discipline against the employee. 36
(4) An employer may not discriminate or retaliate against an 37
employee for his or her exercise of any rights under this chapter 38
including the use of paid sick leave. 39
p. 9 HB 2611
(5)(a) The definitions in this subsection apply to this 1
subsection: 2
(i) "Average hourly compensation" means a driver's compensation 3
during passenger platform time from, or facilitated by, the 4
transportation network company, during the 365 days immediately prior 5
to the day that paid sick time is used, divided by the total hours of 6
passenger platform time worked by the driver on that transportation 7
network company's driver platform during that period. "Average hourly 8
compensation" does not include tips. 9
(ii) "Driver," "driver platform," "passenger platform time," and 10
"transportation network company" have the meanings provided in RCW 11
49.46.300. 12
(iii) "Earned paid sick time" is the time provided by a 13
transportation network company to a driver as calculated under this 14
subsection. For each hour of earned paid sick time used by a driver, 15
the transportation network company shall compensate the driver at a 16
rate equal to the driver's average hourly compensation.17
(iv) For purposes of drivers, the following definitions apply:18
(A) "Family member" means a child, grandchild, grandparent, 19
parent, sibling, or spouse of a driver, and also includes any 20
individual who regularly resides in the driver's home or where the 21
relationship creates an expectation that the driver care for the 22
person, and that individual depends on the driver for care. "Family 23
member" includes any individual who regularly resides in the driver's 24
home, except that it does not include an individual who simply 25
resides in the same home with no expectation that the driver care for 26
the individual. 27
(B) "Child" means a biological, adopted, or foster child, a 28
stepchild, a child's spouse, or a child to whom the driver stands in 29
loco parentis, is a legal guardian, or is a de facto parent, 30
regardless of age or dependency status. 31
(C) "Grandchild" means a child of the driver's child.32
(D) "Grandparent" means a parent of the driver's parent.33
(E) "Parent" means the biological, adoptive, de facto, or foster 34
parent, stepparent, or legal guardian of a driver or the driver's 35
spouse, or an individual who stood in loco parentis to a driver when 36
the driver was a child. 37
(F) "Spouse" means a husband or wife, as the case may be, or 38
state registered domestic partner. 39
p. 10 HB 2611
(b) Beginning January 1, 2023, a transportation network company 1
must provide to each driver operating on its driver platform 2
compensation for earned paid sick time as required by this subsection 3
and subject to the provisions of this subsection. A driver shall 4
accrue one hour of earned paid sick time for every ((40)) 32 hours of 5
passenger platform time worked. 6
(c) A driver is entitled to use accrued earned paid sick time 7
upon recording 90 hours of passenger platform time on the 8
transportation network company's driver platform. 9
(d) For each hour of earned paid sick time used, a driver shall 10
be paid the driver's average hourly compensation. 11
(e) A transportation network company shall establish an 12
accessible system for drivers to request and use earned paid sick 13
time. The system must be available to drivers via smartphone 14
application and online web portal. 15
(f) A driver may carry over up to 40 hours of unused earned paid 16
sick time to the next calendar year. If a driver carries over unused 17
earned paid sick time to the following year, accrual of earned paid 18
sick time in the subsequent year must be in addition to the hours 19
accrued in the previous year and carried over. 20
(g) A driver is entitled to use accrued earned paid sick time if 21
the driver has used the transportation network company's platform as 22
a driver within 90 calendar days preceding the driver's request to 23
use earned paid sick time. 24
(h) A driver is entitled to use earned paid sick time for the 25
following reasons: 26
(i) An absence resulting from the driver's mental or physical 27
illness, injury, or health condition; to accommodate the driver's 28
need for medical diagnosis, care, or treatment of a mental or 29
physical illness, injury, or health condition; or an employee's need 30
for preventive medical care; 31
(ii) To allow the driver to provide care for a family member with 32
a mental or physical illness, injury, or health condition; care of a 33
family member who needs medical diagnosis, care, or treatment of a 34
mental or physical illness, injury, or health condition; or care for 35
a family member who needs preventive medical care;36
(iii) When the driver's child's school or place of care has been 37
closed by order of a public official for any health-related reason or 38
has been closed after the declaration of an emergency by a local or 39
state government or agency, or by the federal government;40
p. 11 HB 2611
(iv) For absences for which an employee would be entitled for 1
leave under RCW 49.76.030; 2
(v) During a deactivation or other status that prevents the 3
driver from performing network services on the transportation network 4
company's platform, unless the deactivation or status is due to a 5
verified allegation of sexual assault or physical assault perpetrated 6
by the driver; and 7
(vi) To allow the driver to prepare for, or participate in, any 8
judicial or administrative immigration proceeding involving the 9
driver or driver's family member. 10
(i) If a driver does not record any passenger platform time in a 11
transportation network company's driver platform for 365 or more 12
consecutive days, any unused earned paid sick time accrued up to that 13
point with that transportation network company is no longer valid or 14
recognized. 15
(j) Drivers may use accrued days of earned paid sick time in 16
increments of a minimum of four or more hours. Drivers are entitled 17
to request four or more hours of earned paid sick time for immediate 18
use, including consecutive days of use. Drivers are not entitled to 19
use more than eight hours of earned paid sick time within a single 20
calendar day. 21
(k) A transportation network company shall compensate a driver 22
for requested hours or days of earned paid sick time no later than 14 23
calendar days or the next regularly scheduled date of compensation 24
following the requested hours or days of earned paid sick time.25
(l) A transportation network company shall not request or require 26
reasonable verification of a driver's qualifying illness or of a 27
driver's qualifying judicial or administrative immigration proceeding 28
except as would be permitted to be requested of an employee under 29
subsection (1)(g) of this section. If a transportation network 30
company requires verification pursuant to this subsection, the 31
transportation network company must compensate the driver for the 32
requested hours or days of earned paid sick time no later than the 33
driver's next regularly scheduled date of compensation after 34
satisfactory verification is provided. 35
(m) If a driver accepts an offer of prearranged services for 36
compensation from a transportation network company during the four-37
hour period or periods for which the driver requested earned paid 38
sick time, a transportation network company may determine that the 39
driver did not use earned paid sick time for an authorized purpose.40
p. 12 HB 2611
(n) A transportation network company shall provide each driver 1
with: 2
(i) Written notification of the current rate of average hourly 3
compensation while a passenger is in the vehicle during the most 4
recent calendar month for use of earned paid sick time;5
(ii) An updated amount of accrued earned paid sick time since the 6
last notification; 7
(iii) Reduced earned paid sick time since the last notification;8
(iv) Any unused earned paid sick time available for use; and9
(v) Any amount that the transportation network company may 10
subtract from the driver's compensation for earned paid sick time. 11
The transportation network company shall provide this information to 12
the driver no less than monthly. The transportation network company 13
may choose a reasonable system for providing this notification, 14
including but not limited to: A pay stub; a weekly summary of 15
compensation information; or an online system where drivers can 16
access their own earned paid sick time information. A transportation 17
network company is not required to provide this information to a 18
driver if the driver has not worked any days since the last 19
notification. 20
(o) A transportation network company may not adopt or enforce any 21
policy that counts the use of earned paid sick time as an absence 22
that may lead to or result in any action that adversely affects the 23
driver's use of the transportation network. 24
(p) A transportation network company may not take any action 25
against a driver that adversely affects the driver's use of the 26
transportation network due to his or her exercise of any rights under 27
this subsection including the use of earned paid sick time.28
(q) The department may adopt rules to implement this subsection.29
NEW SECTION. Sec. 4. This act takes effect January 1, 2028.30
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