Ferraro Vega Employment Lawyers helps restaurant workers in Seattle when they’re not paid fairly. Whether you work at a large chain like Starbucks or a smaller restaurant, you have certain rights as it pertains to your pay. Our Seattle unpaid wage claim lawyers can help you understand your options and guide you through the process of getting paid correctly. Contact us today for a free consultation.
Should You Get a Lawyer?
As a restaurant worker in Washington, you’re protected by clear laws that cover fair pay and treatment. While hiring a lawyer isn’t required, there are certain situations where it can make a big difference. Here’s when it’s especially helpful to have our lawyers on your side:
- Confusing situations – If you’re not sure if you’re being paid correctly or what you’re able to get, we can clarify your rights and explain the law in simple terms.
- Missing or incorrect pay – If you haven’t been paid properly or your employer is delaying your paycheck, we’ll help you gather the right documents to support your case and file your claim.
- Protection from retaliation – If you’re worried about retaliation for filing a claim, we’re here to make sure your rights are protected.
- Negotiating a fair settlement – If your employer or their lawyer is offering a settlement that doesn’t seem fair, we can help you negotiate for what you truly deserve.
You don’t have to hire a lawyer, but the process can be stressful and confusing. If you’re dealing with wage issues at work, our team is here to make it easier for you and help you hold your employer accountable.
How Might Restaurant Workers Face Unpaid Wages?
Seattle has an extremely healthy number of restaurant workers, all of whom work hard to provide for themselves and their family. But the reality is that, no matter what restaurant you work for or what your job is, you might face unpaid wages. Most of the time, this involves things like:
- Not getting overtime – Restaurant workers often work long hours, but sometimes employers fail to pay the proper overtime rates (usually time-and-a-half for hours worked over 40 in a week) or misclassify you and your other workers to avoid paying overtime.
- Not counting tips – Some restaurants may try to count tips as part of your minimum wage, but in Washington, there are strict rules about tip credits. If tips aren’t properly factored in or are kept by the employer, you are likely not being paid fairly.
- Off-the-clock work – Some places ask you to perform duties like setting up or cleaning up before or after their shifts, without paying you for that time.
- Delayed paychecks – In some cases, restaurants and their management teams may delay paychecks or fail to issue final paychecks when you leave your job, which is a violation of wage laws.
- Misclassification – Employers might wrongly classify you as exempt from overtime or as an “independent contractor” to avoid paying you benefits and overtime. This especially happens to shift managers, who may be working in a non-hourly role but are classified incorrectly.
- Failure to pay you for breaks – Restaurant workers are entitled to meal and rest breaks just like everyone else, and if they’re not provided or not paid for correctly, you might be able to file a claim.
- Unpaid training or meetings – If your boss requires you to attend training or meetings and doesn’t pay you for that time, it may violate wage laws.
- Uniform costs – If your employer requires a uniform but makes you pay for it, they may be violating wage laws, especially if it causes your pay to fall below minimum wage.
Obviously, every situation is different and every restaurant has their own management structure that you will have to deal with. That said, no matter what position you hold, you have certain rights to fair pay. But part of understanding your options lands in being able to recognize these above scenarios. After that, it’s about taking the right steps to hold your employer accountable.
Unpaid Wages For Restaurant Workers at…
Starbucks
McDonald’s
Chick-Fil-A
Portage Bay Cafe
Pink Door
What Legal Options Do You Have For Unpaid Wages as a Restaurant Worker?
Chances are, if you’re in one of the above situations as a restaurant worker, you have legal options. But specifically, it’s often two key elements make a wage claim valid:
- You are protected under Washington’s wage and hour laws.
- Your employer has violated these protections.
If both of these apply, you have the legal right to file a claim. The claims process generally involves two main phases: pre-suit action and then a lawsuit.
- Pre-suit action – Before you file a full-on lawsuit, you might be able to resolve your claim through pre-suit actions, including:
- Negotiating directly with your employer to resolve the issue.
- Filing a complaint with the Washington Department of Labor & Industries (L&I) or the U.S. Department of Labor.
Many wage disputes can be settled at this stage, helping you recover lost wages without the time and cost of going to court. If pre-suit actions don’t resolve the issue, the next step is to file a lawsuit against your employer.
- Lawsuit – This is a formal legal action where you file a claim in civil court. Our team will manage the entire process, from gathering and exchanging evidence to launching settlement negotiations, where both parties attempt to resolve the dispute without going to trial. If a fair settlement can’t be reached, the case might go to trial, where we’ll present evidence and arguments to a judge or jury. There’s also the chance that you can join a class action lawsuit against your employer if many other employees experienced similar issues. Both options allow you the chance to recover damages like:
- Unpaid or lost wages with interest
- Liquidated damages (which may double the amount of your lost wages)
- Emotional distress damages
- Compensation for unpaid meal or rest breaks or waiting time
- Attorneys’ fees
Standing up to your employer in court–or in the claims process–requires building a strong claim and acting quickly. You generally have three years from the last unpaid wage incident to file your claim. Missing this deadline means you might lose your chance to pursue your claim outright.
What Can You Do to Put Together a Strong Unpaid Wage Claim as a Restaurant Worker?
When you go to work at your restaurant or shop, you probably don’t expect to run into a situation where your employer isn’t paying you correctly. Unfortunately though, this is a common problem that you and others face. The good news, relatively speaking, is that there are things you can do to build a strong claim:
- Keep records of everything – Track your hours worked, save pay stubs, and document any wage discrepancies, such as missing overtime or late paychecks.
- Save any talks you have with your boss or management – Keep emails, text messages, or written policies from your employer related to your pay.
- Talk to your employer – Try discussing the issue with your employer or HR first; sometimes, wage violations can be corrected internally. If nothing else, this will alert them to the issue, and will make them acknowledge it.
Thousands of people work in Seattle’s restaurant industry every day, and while the law is in place to protect you, not all employers follow them. When your employer violates your rights by underpaying you, withholding wages, or retaliating against you for speaking up, you don’t have to face the situation alone.
Experienced Legal Support for Seattle Restaurant Workers Facing Unpaid Wages
When you face unpaid wages as a Seattle restaurant worker, our team at Ferraro Vega Employment Lawyers will be there to help you. We understand how difficult it is to go to work and not be paid for what you’ve rightfully earned. If you believe your employer has violated your rights, don’t hesitate to contact us today for a free consultation to talk about your options.