Washington Unpaid Wages Lawyer

It is a sad fact that many employees are not fully paid for all of their time on the job. This is a form of wage theft that happens in many different ways. It harms not only working people across Washington but also their families.

At Justice Law Corporation, each Washington unpaid wages lawyer on our team helps employees statewide get the money they earned. We are seasoned attorneys who have dedicated our careers to fighting for working people in pay, discrimination, and other cases. We represent workers in a broad range of industries and jobs who have been ripped off or shortchanged by their employers.

The good news is that employees in Washington have strong rights and protections under federal, state, and local laws. These laws guarantee a minimum wage and increased rates for overtime work. They also ban a wide range of scams and schemes that some employers use to water down paychecks.

Here is what working people should know: You have the right to be fully and fairly paid and the power to go after an employer who rips you off. You also do not need to go it alone. Workers can join together to hold their employers accountable and ensure they receive the money they have already earned.

We can help. Our unpaid wages lawyers have a strong track record of successful results in pay and other cases. We are experienced litigators who stand ready to take cases all the way to trial and accomplished negotiators who have secured compensation for many clients through settlement.

Your Wages and Your Rights

A network of overlapping laws shapes workers’ pay rights. The two central laws for workers in Washington are the Minimum Wage Act and the Wage Payment Act.

The current minimum wage in Washington is $17.13 per hour, a rate that adjusts annually based on inflation. The pay floor is more than double the minimum wage required under federal law, $7.25 per hour, which has remained flat.

Several cities and counties in Washington have also raised the wage floor above the state’s minimum level. Some notable local minimum wages include:

Seattle: $21.30 per hour
SeaTac: $20.74 per hour for hospitality and transportation industry
King County (unincorporated): $20.82 per hour for larger employers
Everett: $20.77 per hour for larger employers
Bellingham: $19.13 per hour
Tukwila: $21.65 per hour for most employers

Employers must pay their employees for all hours worked, including prep work, required meetings, and training. That includes time spent on required tasks and work performed before or after scheduled shifts. Employers cannot simply choose not to pay workers for mistakes on the job or for not properly clocking in.

Tips and service charges are not included in minimum wages under state law. Tipped workers must be paid the full minimum wage, in addition to any gratuities.

State and federal laws guarantee workers’ right to be paid “time and a half” rates – or 1.5x their normal hourly rates – for all hours worked beyond 40 in a given workweek. An employee who typically is paid $30 per hour, for example, must be paid $45 per hour for overtime work. The higher rate kicks in after they exceed the 40-hour mark, and he or she must be paid at time-and-a-half.

Employers can define a workweek as any seven consecutive days that begin on the same day and at the same time each week. The calendar week (Sunday to Saturday) is the default for employers who do not otherwise define the workweek.

How Wage Theft Happens

Sometimes, employers shortchange their workers in ways that are obvious. In many other situations, however, wage theft can be more difficult to spot and prove. Here are some of the most common unpaid wages situations that our lawyers see.

Unpaid Overtime

There are a number of ways employers seek to avoid paying overtime rates. Some pay workers at their lower hourly rates for time worked beyond 40 hours in a week. Others simply refuse to pay workers at all for any time past the 40-hour mark. Both approaches are illegal, even for employers who vaguely blame “payroll errors” when called out for ripping off their workers.

Another common ploy is to claim that certain workers are exempt from overtime pay requirements.

State and federal overtime laws do indeed exempt certain employees, most notably those who qualify as “white-collar” or “executive, administrative, or professional” employees. But workers must meet strict standards regarding their pay levels and job duties to qualify as exempt. Many employers try to unlawfully stretch the exemption to cover workers who are legally entitled to overtime pay.

Unpaid Breaks

Many employees do not know their rights regarding rest and meal breaks. In Washington, workers are entitled to at least a 10-minute rest break for every four hours on the job. They also have the right to at least a 30-minute unpaid meal break every five hours. Employees must be paid for any missed breaks.

Off-the-Clock Work

Workers across industries and roles often are expected to perform tasks without pay, like setting up before shifts, cleaning up after clocking out, or responding to emails and calls after work hours.

Although these situations may happen in small increments of time, they can add up. Workers must be paid for all of their time on the job.

Misclassification

Misclassification is one of the most common forms of wage theft. By classifying certain workers as “independent contractors” rather than “employees,” businesses avoid paying minimum wage and overtime. They also shirk responsibilities for workplace injuries and illnesses, as well as unemployment insurance.

Fortunately, employers do not get to decide on their own who is a contractor and who is an employee. State law strictly limits the contractor designation to people who truly control their work and operate largely as self-employed entrepreneurs.

Getting What You Are Owed: The Wage Payment Act

Workers seeking unpaid wages have a number of legal tools at their disposal. Washington’s Wage Payment Act is chief among them.

The law requires employers to make timely wage payments to workers, including paying out all tips and making final payments when employees leave their jobs. It empowers working people to recover unpaid wages, interest, and additional money damages from employers who do not fully pay them.

Workers are also protected from retaliation for asserting their rights under the law. That means employers cannot threaten to fire, demote, or otherwise punish employees who inquire about unpaid wages or take action to recover what they are owed.

Frequently Asked Questions

What are the penalties if my employer “willfully” withholds my wages?

Employers who unlawfully withhold wages must pay workers all wages owed, plus interest. Those who willfully violate the law may be ordered to pay twice the amount owed, along with additional penalties such as fines and court costs.

In extreme cases, business owners can also be criminally charged for wage theft.

How long do I have to file a claim for unpaid wages?

Employees generally have three years to file unpaid wage claims in Washington, though the deadline may vary based on the circumstances. The timeline is shorter for employees alleging retaliation claims against their employers.

Workers who do not file within these deadlines risk losing the right to take legal action. That is one reason why it is crucial to seek the advice of an experienced employment lawyer if you believe that you are owed unpaid wages.

My boss says I’m “salary exempt” so I don’t get overtime. Is that true?

Maybe. Certain “executive, administrative, or professional” employees are exempt from overtime pay requirements under state and federal laws. Whether workers are covered by this exemption depends not only on how much they are paid, but also on the type of job duties they regularly perform.

In Washington, workers must be paid at least $1,541.70 per week ($80,168.40 annually) to meet the pay prong of the overtime exemption. They must also largely perform duties that are considered “executive, administrative, or professional.” A worker who is paid above the threshold but does not meet the duties test is not exempt from overtime requirements.

Can my employer hold my final paycheck?

No. Employers in Washington are legally required to pay final wages at the next regular payday to workers who are laid off, fired, or decide to leave. They cannot withhold wages until those workers return company property or sign paperwork.

A Washington Unpaid Wages Lawyer at Justice Law Corporation 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 unpaid wages lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options.