Ferraro Vega Employment Lawyers proudly supports Washington State workers who never received the overtime pay they sacrificed and worked hard for. This refusal to pay overtime benefits goes against Washington and Federal labor laws. If this has happened to you and you want to know how to get the money you are owed, contact us. We offer a free, no-obligation legal consultation to all workers.
Let’s go over how to hold your employer financially accountable for everything that’s been withheld. In some cases, there are ways to receive more than you are owed for your overtime hours.
Can an Employment Lawyer Help Me Earn More for Lost Overtime Pay?
If your lost income only extends over a few weeks, and your employer appears to be concerned and trying to fix the issue, you may not need an employment lawyer.
But when the amounts you are owed grow and your company doesn’t seem to be taking it seriously, it’s a good time to speak to a Washington Unpaid Wage Lawyer.
You may benefit from a lawyer’s help if these are factors in your case:
- If your missing overtime starts to add up
- If your case will be complex and will require a lot of investigative work
- If coworkers are having the same paycheck issues
- If your employer refers you to corporate lawyers
- If your employer will be fighting your claim
- If your claim has been rejected and you need to file an appeal
- If your employer threatens you or fires you over your claim
Your lawyer will also serve as strong protection during the claims process once you’ve decided to speak up for what’s fair. Your company may threaten you with a firing or a demotion simply to keep you quiet. This is against the law, and your lawyer can report the employer and help you file a lawsuit if this type of behavior occurs.
Can I Receive More than I’m Owed in Overtime for My Claim?
Yes. In some cases, you’ll receive double what you were owed in overtime. This additional award can occur when it’s discovered that an employer purposely withheld overtime pay from its employees.
This violation is covered in the Revised Code of Washington (RCW).
RCW 49.52.070
Any employer and any officer, vice principal or agent of any employer who shall violate any of the provisions of RCW 49.52.050 (1) and (2) shall be liable in a civil action by the aggrieved employee or his or her assignee to judgment for twice the amount of the wages unlawfully rebated or withheld by way of exemplary damages, together with costs of suit and a reasonable sum for attorney’s fees: PROVIDED, HOWEVER, That the benefits of this section shall not be available to any employee who has knowingly submitted to such violations.
When you must prove the intention of your employer to cheat you, strong evidence will be needed. A lawyer can help you with this complex task and has a much better chance of securing the important documents needed to prove what really happened.
When Should Washington Workers Receive Overtime Pay?
Washington State guidelines and federal guidelines for overtime pay and eligibility.
The Washington State Department of Labor & Industries (L&I) explains that workers on the job beyond 40 hours over a 7-day workweek would usually be eligible for overtime (some professions are subject to different criteria). In most cases, overtime pay should reach at least one and a half times the worker’s normal hourly rate.
The L&I goes over a few other facts about overtime pay and the legal standards Washington businesses are held to:
- Most hourly workers and some salaried workers are entitled to overtime.
- Employers must pay overtime to eligible workers regardless of the employer’s size.
- Employers can mandate overtime work, except for certain healthcare facility employees.
- Collective bargaining agreements and employers can provide overtime compensation that goes beyond what labor laws require.
- Many Agricultural workers and dairy workers in Washington State now must be paid overtime. Undocumented workers are also eligible. Labor laws apply to all workers regardless of their citizenship status.
- Double-time overtime pay is not provided for under Washington State Law, but some companies do offer double overtime in certain situations.
An overtime dispute claim can be filed with Washington’s L&I Department, and a lawyer can represent your case and make sure all evidence comes to light. When a settlement from the state doesn’t cover your full losses or unfairly rejects your claim, your attorney can then help you file a civil claim against your employer.
Contact a Washington Unpaid Overtime Lawyer Today
If your employer isn’t reimbursing you for some or any of your overtime hours, you have legal rights that need to be protected. At Ferraro Vega Employment Lawyers, we’re here to help you make sure you get paid. We take up the fight until you receive what you are owed. We help all workers in Seattle, Tacoma, Spokane, and across Washington.
At the same time, we safeguard your job security and shield you from any retaliation. Our team holds employers to state and U.S. labor laws every day. We will work hard to hold your employer accountable for every violation. Don’t wait–contact us today for a free, confidential consultation.
