Ferraro Vega Employment Lawyers can help you if you work in a Spokane restaurant and are facing unpaid wages. Working in a restaurant usually means you’re ready for a fast-paced job. With busy dinner rushes, long shifts on your feet, and unpredictable schedules. It’s all a part of the environment. But it’s exactly this environment that leads to unpaid wage situations. Our team can guide you through a claim. Set up a free consultation today.
Do I Even Need a Lawyer?
No matter what your job is in the restaurant, you have certain expectations. The most basic one is to be paid fairly, but unfortunately, managers and larger companies have a lot of leeway when it comes to how (and when) they pay you. It’s demoralizing, but there are laws in place to protect you. The question becomes, then, do you even need a lawyer? Not always, but in general, it really helps. Our team can:
- Look at your work schedules, pay stubs, and employment paperwork
- Break down what Washington law requires your employer to pay
- Handle the talks with your employer about the issue
- Work toward fixing the situation without making your work life more stressful
Not being paid properly—or at all—is one of the most frustrating things you have to deal with as a restaurant worker in Spokane. It’s all the more frustrating because you work hard to provide for yourself and your family. But it happens all the time. The question is, how does it usually happen?
How Do Unpaid Wages Usually Happen to Restaurant Workers Like Me?
One thing that every restaurant has in common is the fast pace. Between dinner rushes, special events, and coming in early or staying late to close, you spend a huge amount of time working at one of these places. And that’s exactly how unpaid wages creep in:
- Missed overtime. Sometimes you pick up extra shifts or stay late when the restaurant is short-staffed, which pushes you over 40 hours in a week. When that happens, those extra hours should usually be paid at time and a half. But there are times when your paycheck doesn’t reflect that overtime or the hours are purposefully docked.
- Working off the clock. Most of your work in a restaurant starts before your shift officially begins or continues after customers leave. You might be asked to prep ingredients, set up your section, or help clean the kitchen after closing. If you’re doing this work without being clocked in, that time should still be paid.
- Working through your breaks. Breaks can disappear quickly when the restaurant gets busy. You may be scheduled for a meal break but end up working through it because the dining room is packed or the kitchen is backed up. If that break time is still deducted from your pay even though you were working, it can lead to unpaid wages.
- Tip or service charge problems. For many restaurant workers, tips are a big part of your income. Issues can come up when tips aren’t distributed correctly, when tip pools are handled improperly, or when service charges that customers pay never make it back to the staff.
- Being labeled an independent contractor. Some restaurants classify workers as “independent contractors.” But if you’re working regular shifts, following management’s instructions, and doing the same work as other employees, the law may still consider you an employee—even if the paperwork says otherwise.
Unfortunately, all of these things are common no matter what restaurant you work in. But what they also have in common is that they’re illegal—even though the restaurant isn’t going to admit to doing it. At that point, you need to think about how you can actually show unpaid wages.
How Can I Show Unpaid Wages as a Restaurant Worker?
Most of the time, you’re going to notice something wrong with your paycheck before you have clear proof of it. Maybe your hours look lower than you expected, or the pay just doesn’t match the shifts you worked. But eventually, the issue will show up somewhere in the records. And while it might seem obvious, you still need documentation to show what happened:
- Pay stubs and direct deposit records showing what you were paid
- Work schedules or shift assignments
- Clock-in and clock-out records and timesheets
- Text messages or emails from managers asking you to stay late or come in early
- Statements from coworkers dealing with the same issues
Even if you only have some of these records, they can help create a clear paper trail showing what you worked and what you were actually paid. But it’s not just about collecting the documents—it’s about putting them together in a way that shows what really happened. That’s another place where our team can be helpful, especially if you decide to move forward with a claim.
How Can I Deal With Unpaid Wages as a Restaurant Worker?
It’s really not all that surprising that restaurant workers often hesitate to bring up pay issues. Restaurant jobs can feel replaceable, and many workers worry that speaking up could put their job at risk.
That fear is understandable, but there are laws in place that protect you against retaliation. And in many situations, bringing up issues with your pay doesn’t have to mean going straight to court. Here are some of the options available to you:
- Going directly to your boss. Sometimes the issue comes down to a payroll mistake. Bringing the problem to a manager or the restaurant’s owner may resolve the situation quickly. If they promise to fix it, it’s a good idea to ask for that confirmation in writing.
- Filing an L&I claim. If the issue isn’t resolved once you bring it up directly, you can file an unpaid wage claim with the agency that investigates wage violations and can order the restaurant to pay the wages you’re owed, the Washington State Department of Labor & Industries (L&I). They may also impose penalties so the problem doesn’t keep happening. For many restaurant workers, this option feels more manageable because it happens outside of court.
- Filing a lawsuit. If you’re looking at a larger amount of unpaid wages or an ongoing problem, going to court may be the best path forward. It does mean filing a lawsuit in civil court, which takes more time and effort, but it can allow you to recover your unpaid wages and additional damages like:
- Back pay
- Liquidated damages (your unpaid wages plus interest)
- Attorney’s fees and court costs
- In some cases, damages for emotional distress
Also, If your coworkers are dealing with the same problem at the same restaurant, you may also be able to move forward together through a class action claim.
One important thing to keep in mind is the time limit. In Washington, you generally have three years from the date of your last unpaid wage to file a claim. That might seem like plenty of time, but it’s usually easier to document what happened when you start sooner.
Set Up a Free Consultation for Unpaid Wage Claims in Spokane
Working in a restaurant in Spokane can already be demanding. Long shifts, busy nights, and unpredictable schedules are part of the job. So when your employer cuts corners on your pay, it can feel incredibly frustrating.
You don’t have to deal with that situation alone. Our Spokane unpaid wage lawyers at Ferraro Vega Employment Lawyers can help you understand your rights, review what happened with your pay, and explain what steps you can take to get your unpaid wages back. Set up a free consultation today.
