Ferraro Vega Employment Lawyers helps workers in Seattle who aren’t getting paid for all their work. When you show up for your job, your employer must follow the law–but some employers try to cut corners. They may ask you to work “off the clock” without paying you. This is illegal, and you have the right to fight back. To learn more about your options, contact us today for a free consultation.
Why Should You Get a Lawyer?
Not every case of working off the clock in Seattle requires a lawyer. Sometimes, it’s a simple mistake that your employer will fix if you bring it up. However, if they refuse to pay you for your time, legal help can make a big difference. Having our team on your side can:
- Help you understand your rights and next steps.
- Gather the documents you need to prove you’re owed unpaid wages.
- Handle conversations with your employer, so you don’t have to deal with the stress.
- Work to recover your lost pay, including overtime.
If your employer won’t fix the issue, we’re prepared to take legal action to get you the wages you’ve earned. You don’t have to deal with this alone–our Seattle employment lawyers are ready to help. But first, you need to know what you should do if you find yourself in this situation.
What Legal Options Do You Have If You’re Being Asked to Work Off the Clock?
You should never have to work without getting paid. Whether it happens before your shift, after your shift, or during breaks, working off the clock is illegal under Washington law, and constitutes wage theft. While it’s frustrating, it does give you certain administrative or legal options that you can use to hold your employer accountable. Here’s what you can do:
- File an administrative complaint – The Washington State Department of Labor & Industries (L&I) investigates wage violations, including off-the-clock work. If L&I finds a violation, they can order your employer to pay back wages and issue fines.
- File a lawsuit – If L&I doesn’t resolve your case or you’ve lost a significant chunk of your pay, you can sue your employer in civil court. Like any other civil suit, the point is to recover “damages”, which in this case refers to your lost wages. Depending on your situation, you can potentially recover things like:
- Unpaid wages and overtime.
- Back pay for lost earnings.
- Liquidated damages (extra money for wage violations, often double what you’re owed).
- Emotional distress damages.
- Attorney’s fees and court costs.
- Class action lawsuit – If multiple employees at your workplace are forced to work off the clock, you might be able to file a class action lawsuit. This is where you band together to file a consolidated claim against your employer. The same damages that are available in a single lawsuit are available in a class action, with the result being split among members of the “class.”
In Washington, you typically have up to three years from your last paycheck to file a claim. If you think you’ve been working off the clock without pay, don’t wait—taking action sooner can help you recover what you’re owed.
What Should You Do to Protect and Strengthen Your Claim?
It might not seem like it, but it can sometimes be difficult to know that you’re not being paid for the work you perform at your job. It might be as simple as your boss asking you to work through your lunch break, but this is effectively breaking the law. But this doesn’t automatically mean you’ll get your lost wages back. You have to put together a strong claim, and the best way to do that is to take the following steps:
- Keep track of your schedule and hours – Keep a record of all the hours you work, especially any unpaid time.
- Document requests for off-the-clock work – If your boss asks you to stay late or start early without pay, write it down.
- Save pay stubs and tax records – These documents can show missing wages or overtime.
- Keep emails and messages – Save any written communication (emails, text messages, social media messages, etc.) that shows your employer asked you to work off the clock.
- Talk to your co-workers – If others are in the same situation, their testimony can strengthen your case (or lead to a class action lawsuit).
It doesn’t matter whether your employer made you work off the clock on purpose or by mistake–it’s illegal. This applies across all industries in Seattle, and if you’re not getting paid for your work, you have legal options.
When is Being Asked to Work “Off the Clock” Illegal?
Not every request from your boss is illegal–for example, coming in early once to help out on a big project, or something similar. But, the violation of the law happens when:
- Your employer makes you do this regularly, and doesn’t provide you with any pay for it.
Obviously, there’s a lot of different situations that meet this criteria. But most of the time, it’s going to include things like:
- Working before or after your shift – If your employer requires you to start work early or stay late without pay, that’s illegal. This includes setting up, cleaning, or prepping for the next shift.
- Unpaid overtime – If you’re an hourly employee, you get overtime pay for any hours worked over 40 in a week. If you’re working beyond your scheduled hours without pay, your employer is violating wage laws.
- Skipping breaks – Washington law requires paid rest breaks and unpaid meal breaks. If your employer makes you work through them without paying you, that’s a violation.
- Off-the-clock work for prep or training – If you’re required to attend meetings, training, or complete tasks outside of your normal shift, you must be paid for that time.
- On-call or standby time – If you’re required to be available for work and respond quickly but aren’t getting paid for that time, your employer may be violating wage laws.
- Required work after hours – If your employer expects you to answer emails, take calls, or complete work-related tasks after hours, you should be paid for that time.
These are just some of the common ways employers try to avoid paying workers fairly. If you’re in any of these situations in Seattle, you have legal options to recover your wages that our legal team can help you with.
Contact Ferraro Vega If You’re Being Asked to Work Off the Clock in Seattle
If your employer is making you work off the clock and refusing to pay you, our Seattle employment lawyers can help. Ferraro Vega Employment Lawyers understand Washington labor laws and will fight to recover your lost wages. Contact us today for a free consultation.