Ferraro Vega Employment Lawyers stands up for the rights of workers in Seattle when they’re not being paid properly. There’s a lot of different instances of wage theft that you might experience, but one of the most frustrating is when your employer misclassifies you. It’s easy to see why they do this: they don’t want to provide you with overtime, minimum wage, or other benefits. But this is against the law, and our team can help you recover. Contact us today for a free consultation.
Should You Get a Lawyer?
In Seattle, you have the right to fair pay, regardless of what your job is. If your employer misclassifies you, it’s going to impact both your wages and benefits. While some issues can be worked out by speaking directly with your employer, others might require further action–especially if you’re missing significant pay or your employer refuses to fix the misclassification. That’s when you should think about getting a lawyer, and our team can help you by:
- Explaining your rights and legal options
- Gathering evidence and payroll records
- Communicating with your employer on your behalf
- Negotiating for the wages you’re owed
- Taking legal action if needed
Misclassification can be overwhelming, but you don’t have to go through it alone. We can guide you every step of the way. The starting point, though, is understanding the how and why you’d even be misclassified by your employer.
Why Would My Employer Misclassify Me?
In Seattle, there are two main types of workers: exempt and non-exempt. The key difference between them comes down to overtime pay and wage protections.
Non-exempt employees are typically hourly workers. As a non-exempt employee, you’re legally required to get:
- Overtime pay
- Minimum wage
- Paid meal and rest breaks
Exempt employees, on the other hand, are usually salaried workers in management positions. They are not entitled to overtime pay, no matter how many hours they work. To be considered exempt, they must meet specific salary and job duties requirements set by Washington law. Right now, the salary thresholds are:
- $69,305.60 for businesses with 1–50 employees
- $77,968.80 for businesses with 51 or more employees
Given these differences, it’s easy to see why your employer might try to misclassify you–especially if they want to avoid paying overtime or offering other benefits. More to the point, though, misclassification often happens to:
- Retail workers
- Cashiers
- Waiters and Waitresses
- Servers
- Hotel Front Desk Staff
- Housekeepers
- Construction workers
- Project managers
- Nurses
- Medical assistants
- Physical therapists
- Administrative assistants
- Executive assistants
- Customer service representatives
- Delivery drivers
Remember, though, misclassification can happen to anyone. Worse yet, It can sometimes be difficult to realize you’ve been misclassified, but once you realize it, you need to start taking steps to fix the problem.
How Can You Prove You’re Being Misclassified?
Although it may seem like proving the fact that you’re being misclassified is straightforward, it can be tricky since your employer likely won’t admit to misclassifying you. To build a strong case, it’s important to gather the right evidence. Here are some key steps to take:
- Track your work hours – Record your daily work hours, especially if you’re working overtime without extra pay. If your employer sets your schedule and requires you to work specific hours, this could help prove that you should be classified as a non-exempt employee.
- Save pay records – Keep your pay stubs, direct deposit records, and tax forms (like W-2s or 1099s). These documents can show whether your employer is treating you as an exempt employee when you should be classified as non-exempt. They help demonstrate if you’re missing wages or benefits.
- Compare your job duties to your title – Compare your actual job duties to your job title. If you’re doing tasks that are usually the work of management but aren’t being paid for it, that’s a clear sign of misclassification. Your duties should match the type of classification you’ve been given.
- Save communications – Keep any communication (emails, text messages, or documents) that show your employer controls your work. This includes setting deadlines, supervising tasks, or requiring you to follow specific procedures. This kind of evidence can show that you are a non-exempt employee, not exempt.
- Speak with co-workers – If others at your workplace are also misclassified, their statements can support your case. Co-worker testimony can confirm your work schedule, job duties, or lack of independence, which is powerful evidence. This can also be useful if you want to consider a class action lawsuit.
Regardless of whether your employer misclassified you by mistake or to simplify payroll, it’s still a violation of both Washington state and federal labor laws. Being misclassified means missing out on essential pay and benefits, and your employer could be liable for legal action.
What Are Your Legal Options If You’ve Been Misclassified?
If you’ve been misclassified by your employer, there are legal options available to you. You don’t always need to go straight to court–filing an administrative claim is often the first step and might resolve the issue without legal action. Here are your main options for fixing misclassification issues:
- Administrative complaint – The first step is typically to file a claim with the Washington State Department of Labor & Industries (L&I). L&I handles wage theft claims, including misclassification-related violations. If L&I finds your employer in violation, they might order your employer to pay back wages or Issue fines for wage violations.
- Lawsuits – If L&I doesn’t resolve the issue or if you want to seek additional damages, you can file a civil lawsuit. This may take more time and effort but can offer you a better chance at receiving full damages like:
- Unpaid wages and overtime
- Back pay for missed earnings
- Liquidated damages (extra compensation for wage violations)
- Emotional distress damages due to the stress of misclassification
- Attorney’s fees and court costs
If multiple workers at your company are also misclassified, you may be able to join forces and file a class action lawsuit. This is where you all make one unified claim for unpaid wages and other damages.
In Washington, you typically have three years from your last paycheck to file a claim for unpaid wages due to misclassification. It’s important to take action sooner rather than later if you believe you’ve been misclassified.
Contact Ferraro Vega For Misclassification Help in Seattle
Employers are required to follow Washington law when classifying workers in Seattle. Misclassifying employees to avoid fair pay or protections is illegal. If you suspect you’ve been misclassified, contact our team at Ferraro Vega today for a free consultation. We’ll review your case, explain your rights, and help you recover the income you’ve missed out on.