Ferraro Vega Employment Lawyers helps workers in Washington. Getting paid is one of the most important parts of your job, and while there’s certain laws and regulations for this in Washington, not every employer takes this responsibility seriously. If you think you haven’t been paid properly for your work, we can help. Contact us today for a free consultation.
Why Would You Need a Lawyer?
In any situation where you’re not being paid properly, it can leave you feeling very helpless. But you do have options, and having a lawyer can be very helpful if you’re facing unpaid wage issues at your job in Washington. Here’s how our team can help you:
- Explaining your rights – Employment laws in Washington can be complex. A lawyer can help you understand your rights and ensure your employer is following state regulations.
- Gathering evidence – We can help you collect and organize evidence to prove your employer’s wrongdoing, strengthening your case.
- Negotiating power – With our legal support, you have more leverage to negotiate with your employer for fair pay or a settlement.
- Representation in disputes – If your case goes to court or mediation, having our lawyers will make sure you are represented fully, which will better your chances of success.
- Protecting against retaliation – Washington also has laws that protect you from illegal retaliation by your employer. We can advise you on how to proceed in a way that minimizes the risk of retaliation from your employer and explain your rights if it happens.
Again, you’re not required to have a lawyer in this situation, but having one can be very important for how a claim plays out. Our ultimate goal is to make sure you’re treated fairly, and with our experience and resources, we can guide you through this challenging process.
How Does Unpaid Wages Happen to You in Washington?
In most cases, “unpaid wages” doesn’t mean you’re not paid at all. Rather, it usually happens in the form of “wage theft”, or where you’re put in a situation where you’re not paid fully for your work. It varies from case to case, but generally, it involves the following situations:
- Working “off the clock” – This happens when you’re required to work before or after your scheduled shift without pay.
- Travel time – If you need to travel between different work sites or for work-related purposes during their shift, that time should be paid. Uncompensated travel time is also considered unpaid work.
- Missed meal and rest breaks – Washington law requires employers to provide you and other employees with uninterrupted meal and rest breaks. If you have to work during these breaks, you must be paid for that time.
- Misclassification – Some employers may misclassify you as an independent contractor or “exempt” worker to avoid paying for all hours worked, including overtime.
- Waiting time – This happens when you have to wait for work-related tasks, like for a customer or a delivery, and aren’t paid.
- Training time – If you’re required to attend training or meetings outside your regular work hours and aren’t paid for that time, it counts as unpaid work.
- Pre-shift and post-shift tasks – Tasks like changing into work clothes, setting up equipment, or cleaning up after work may qualify as paid work under Washington law.
An important distinction about these legal protections is that they apply to hourly workers. While this is the vast majority of the workforce in Washington, it’s also pretty specific. So, it’s important to look at who this usually happens to.
What Workers Are Vulnerable to Unpaid Wages in Washington?
Although unpaid wages can happen to anyone in Washington, the reality is that certain employees in certain industries are more vulnerable to their employer not paying them properly. Most of the time, we see it with the following workers:
- Retail and service industry – Workers in retail stores, restaurants, and service sectors may be pressured to work off the clock, skip breaks, or perform extra tasks without pay.
- Construction – These employees often face unpaid wages for waiting time, travel between job sites, or work-related activities outside their normal hours.
- Healthcare – Nurses, aides, and support staff may be vulnerable to unpaid wages if they work during breaks or are required to attend meetings or training without compensation.
- Warehouse and logistics – Workers responsible for handling shipments and inventory can experience unpaid pre-shift or post-shift activities, such as setting up or cleaning.
- Temporary and seasonal workers – These workers may be misclassified or not paid for all their hours due to the nature of their temporary employment.
Again, this can happen to you or any other hourly worker in Washington. The important thing to understand is that you have rights–and there’s things you’re going to need for a potential claim.
What Legal Options Do You Have If You Have Unpaid Wages?
With any employment law violation in Washington, there’s certain options you and other workers have. This includes unpaid wages, which gives you both administrative and legal options for filing a claim against your employer.
Generally, you have two options:
- Filing an L&I claim – The first step is usually filing an unpaid wage claim with the Washington State Department of Labor & Industries (L&I). This is the state agency that’s responsible for enforcing wage laws and investigating incidents of wage theft. You’ll present whatever evidence you have, then they’ll come in and launch a look into what happened. Then, they’ll either issue fines to your employer and can order your employer to pay you your unpaid wages.
- Filing a lawsuit – The second option is to file a lawsuit in civil court. This is a formal court action, where you file a Complaint in civil court asking for “damages” like:
- Unpaid wages
- Back pay for missed payments
- Extra compensation, called liquidated damages
As with other job-related claims, unpaid wage claims have a deadline. In Washington, you need to file your claim within a certain time frame from the date of your last paycheck, typically three years from the date of your missed pay.
What Do You Need For a Strong Unpaid Wage Claim?
Unfortunately, just having legal rights doesn’t guarantee success in a claim. You have to actually show your damages. Thankfully, this is rather straightforward with unpaid wages–you simply provide records and documentation that shows you weren’t paid the way you were supposed to be.
But in practice, this can be a bit more complicated. This is an area where our team can certainly help, but here’s what you’re probably going to need for a strong unpaid wage claim:
- Paystubs – These show how much you were paid and can help prove if anything was missed or wrong.
- Schedules or timesheets – Keep a record of the hours you worked, especially if you’re paid by the hour or worked overtime.
- Bounced checks – If your employer gave you checks that didn’t go through, keep copies as proof. Also, think about providing copies of your bank records or statements.
- Written communication – Save any messages (especially emails or texts) or notices from your employer about pay issues or unpaid work.
- Contracts – If you have a written agreement about how much you’re supposed to be paid, this can back up your claim.
Getting paid correctly and on time is one of your basic rights as an employee in Washington. You work hard and deserve to be paid for it. But sometimes, employers don’t follow the rules. If that happens, our experienced team can help you get the wages you’re owed.
Frequently Asked Questions
Who can I report unpaid wages to?
You have a lot of options if you think you aren’t being paid correctly. Your first step is usually to go straight to your boss or supervisor and let them know. They can actually take care of it at that point, but you still have legal options through L&I or the actual court system.
What qualifies as unpaid wages?
Unpaid wages include any money you’re owed for hours worked but haven’t been paid for, such as regular pay, overtime, or missed breaks.
Can I still file a claim if my employer eventually paid me?
Yes, if your employer paid you late, you can still file a claim for the delay. Washington law allows for penalties for late payments.
Free Consultations for Washington Workers Facing Unpaid Wages
It’s incredibly frustrating to go through a situation where you’re not paid correctly–or at all. In this situation, having our experienced team of employment lawyers at Ferraro Vega can really help you understand your options. We’ll support you every step of the way to hold your employer accountable under the law. Contact us today for a free, no-obligation consultation to get started.
