What Counts as Compensable Time for Non-Exempt Employees in Washington State?
When it comes to paying non-exempt employees, one of the most important things for an employer to do is paying for all time worked. In Washington state, the rules are clear in some areas but can feel tricky in the gray zones, especially with remote work, checking email off-hours, or work travel.
Let’s break this down with some common scenarios to help you stay compliant and avoid unintentional wage and hour issues.
Understanding Compensable Time
For non-exempt employees in Washington, compensable time generally includes:
- All time an employee is required to be on duty
- All time an employee is permitted or allowed to work (even if not requested)
- Waiting time, travel time (in certain cases), training time, and time spent on certain mandatory activities
If the employer knows or should know the employee is working, that time is typically compensable.
Common Scenarios to Know
- Voluntarily Checking Email After Hours
This is a big one! Where I see employers struggle is if an employee is responding to emails in the evening, yet they aren’t adding it on their timecard. Many times, their supervisor is on the receiving end of the email which means the employer knows the employee is working. It’s a common misconception that if the manager didn’t ask them to respond, they don’t have to pay them. Don’t make this mistake!
If your non-exempt employee is checking work emails or responding to messages outside of their normal working hours, even if it feels voluntary, that is considered compensable time.
Tip: Set clear expectations about after-hours communications to manage both compliance and boundaries for your team. - Remote Work Outside of Scheduled Hours
With remote work, it’s easy for employees to log in early, stay late, or do quick tasks “off the clock.” If they’re performing job duties — even without explicit direction — that time is compensable. - Travel Time
Washington state is becoming very generous with travel time.
- Washington employers must pay for all time spent traveling, not just the hours that fall within a normal work schedule. This includes flights, driving, or time as a passenger.
- Commuting to/from home to the regular worksite is not compensable.
- However, travel between job sites, to meetings, etc. is compensable.
4.Training & Meetings
If attendance is mandatory, the time spent in training, webinars, or company meetings must be paid — even if it occurs outside of normal hours or remotely.
- Waiting Time
If an employee is waiting during their shift (for materials, calls, or direction) and they are not free to use that time for their own purposes, that time is compensable.
Best Practices for Employers
- Communicate clearly. This is the theme here. Set expectations around work hours, availability, and reporting time worked – this is especially important if employees have access to work remotely including accessing emails on their phones.
- Train your managers. Make sure supervisors understand that they should not encourage (or ignore) off-the-clock work.
- Have accurate time tracking tools. Remote or not, give employees reliable ways to report all time worked.
- Review policies regularly. Remote work has added new layers to timekeeping — ensure your policies reflect that.
This is definitely an area where employers need to get it right. Even well-meaning employees who want to stay on top of things can create unintended compliance risks by checking emails or handling tasks outside of their scheduled hours. It’s a good practice to set clear policies around after-hours communication and remote work expectations. In some cases, it even means being a little strict to protect both the business and the employee.
If you have any questions or need help reviewing your policies to stay compliant, reach out for our chart on compensable time.