Washington Overtime Lawyer

Overtime pay is one of the most important rights for working people and their families. And overtime pay violations are among the most common ways in which employers rip off their employees. 

The vast majority of employees in Washington are eligible for overtime pay. The law requires employers in the state to pay these workers at 1.5 times their normal rates for all hours worked beyond 40 in a given workweek. 

Many people across Washington and throughout the country depend on extra hours – and the increased pay that comes with it – to help make ends meet. That is why it is crucial that they are fully paid for all of the time that they work.

If your employer is shortchanging you, a Washington overtime lawyer at Justice Law Corporation can help you fight back. We are seasoned attorneys who have dedicated our careers to fighting for working people in pay disputes, discrimination cases, and other matters. We represent workers in a broad range of industries and jobs who have been ripped off by their employers.

If you are working more than 40 hours a week and not seeing time-and-a-half in your paycheck, it is worth taking a closer look. We can help. Here is what you need to know about overtime pay.

Overtime Pay in Washington

Federal and state laws require employers in Washington to pay the higher overtime rate to workers who log more than 40 hours on the job in a given workweek. Overtime pay is not limited to workers paid on an hourly basis. Many salaried workers are covered by overtime requirements. 

The biggest difference is who these laws cover: Washington’s law makes a much larger share of employees across the state eligible for overtime pay than the federal overtime law does. Anyone who makes less than $1,541.70 per week ($80,168.40 per year) is generally eligible for overtime pay, regardless of their job titles. That is much higher than the salary threshold under the Fair Labor Standards Act, the federal wage-and-hour law.

Both laws require employers to pay employees “time and a half,” or 1.5x their normal hourly rate, for overtime work. An employee who logs 47 hours on the job in a workweek, for instance, will be paid at the normal rate for the first 40 hours and at 1.5x the normal rate for the additional 7 hours.

The overtime rate is based on an employee’s “regular rate of pay.” That includes:

  • Hourly rates
  • Piece rates and flat rates
  • Commissions
  • Non-discretionary bonuses 

The rate does not include discretionary bonuses, tips, expense reimbursements, or paid time off, such as vacation or sick days.

Overtime is calculated based on hours in a given workweek, rather than how much an employee works in a single day. Workers who hit the office or clock in on weekends and holidays are not automatically entitled to overtime pay unless they work more than 40 hours in a week.

Employers can define when the workweek starts and ends – any consecutive seven-day period works – but they have to apply it consistently. The default is Sunday through Saturday.

Exemptions: Who Does Not Get Overtime Pay?

Not everyone is eligible for overtime pay. The most common exemption is for so-called 

“white-collar” employees. This covers workers who:

  • Are paid at least $1,541.70 per week ($80,168.40 per year); and
  • Have jobs that are “executive, administrative, or professional”

Workers must check both boxes to be exempt. The salary cut-off is fairly straightforward. Many of the disputes that we see over overtime pay eligibility center on whether an employee meets the “duties test.”

  • Executive employees genuinely manage a business or department and regularly direct the work of two or more full-time employees or their equivalent..
  • Administrative employees are those whose primary duty involves office work directly related to business operations and who exercise real independent judgment on significant matters.
  • Professional employees are people in fields that require advanced knowledge — licensed professionals such as doctors, lawyers, architects, and engineers.

There are also separate exemptions for employees in outside sales positions and certain tech jobs. 

It is important to understand that your job title does not determine whether you are eligible for overtime pay. Your actual job duties are what matter. Your employer cannot simply slap a “manager” or other title on you to avoid paying overtime.

Common Overtime Violations

The sad fact is that employers often try to avoid paying overtime by breaking the law. Overtime violations can happen in a number of different ways, some obvious and others more subtle.

Misclassification

Misclassification is rampant across the country and throughout Washington. 

Many employers claim that workers are exempt from overtime based on their job titles alone. The truth, however, is that the white collar exemption applies only to workers who satisfy both the salary threshold and the duties test. Your title is irrelevant; the work is what matters. A shift supervisor who spends most of their time stocking shelves alongside hourly coworkers, for example, likely doesn’t meet the legal definition of an exempt executive, regardless of the title on their pay stub.

Other employers wrongly classify employees as independent contractors to skirt wage-and-hour requirements. Independent contractors are legally treated as self-employed entrepreneurs, meaning they are not covered by minimum wage and overtime laws, as well as other worker protections. But to truly qualify as an independent contractor, you have to maintain a certain level of control over how your work is done and meet other specific requirements. 

Off-the-Clock Work

Employers are required to pay workers for all of the time they work, not just the time officially logged. Far too many employers push workers to perform “pre-shift” or off-hours duties, whether it is prepping workspaces, attending meetings, or answering emails and other communications. The law generally requires that workers be compensated for this time and that it be counted toward overtime calculations.

Offering Comp Time Instead of Overtime

Some employers tell workers they can get paid time off in exchange for overtime, arrangements often called “comp time” or “exchange time.” Washington law bans these deals, except for public employers. Companies and other private employers cannot substitute time off for overtime pay.

Fighting Back Against Overtime Violations

Anyone who has been wrongly denied overtime pay has the right to take legal action against their employer. That includes pursuing claims individually or by joining together with coworkers who have also been ripped off. 

An employee suing for overtime violations can seek:

  • Unpaid wages
  • Interest
  • Double damages for willful violations
  • Court costs and attorneys fees
  • Injunctions and orders barring future violations

Time is of the essence. Workers generally have three years to bring overtime pay claims or risk forfeiting their rights. The clock typically starts to run on the date the wages were due.

Taking on your own employer can be daunting. The good news is that the law protects you against retaliation. Your employer cannot threaten to fire, demote, transfer, or otherwise punish you for pursuing an overtime claim or helping coworkers assert their rights on the job.

There is strength in numbers. Class actions are a valuable tool that allows workers to collectively take on their employers over workplace violations. Employees often use these suits to challenge their employers’ policies or practices that water down pay across a large group of employees. Class actions give working people the power to level the playing field with massive corporations and other large employers.

Frequently Asked Questions

Who is entitled to overtime pay in Washington?

The law is straightforward: If you work more than 40 hours in a single workweek, your employer must pay you at least 1.5 times your regular hourly rate for every hour beyond 40. Most employees in Washington are eligible for overtime pay unless they are paid $1,541.70 per week ($80,168.40 per year) on a salary basis AND perform jobs considered “executive, administrative, or professional.”

What if I worked overtime that wasn’t “authorized?”

If your employer knew or should have known that you were performing work, that time must be compensated. That is true even if your employer never explicitly asked for it. 

My employer says I am an “independent contractor.” Do I get overtime?

It depends on whether you actually meet the legal definition of an independent contractor. 

Your employer does not have the final say on whether you are a contractor, who is not covered by overtime pay requirements, or an employee who must be paid at the 1.5x rate for overtime work. To qualify as an independent contractor, you must exercise significant control over how you perform the work and meet other requirements.

An Experienced Washington Overtime Lawyer Can Help

If you believe that your employer is violating your rights on the job, whether it is by being underpaid or in other terms and conditions, you do not need to go it alone. A Washington overtime lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options. 

Call us at 818-296-6213 to contact us online to schedule a free consultation with a Washington overtime lawyer.