Ferraro Vega Employment Lawyers help workers in Tacoma when they’re not being paid fairly. Washington law sets clear guidelines on pay and classifications, but misclassification–whether intentional or not–can significantly impact your pay. When this happens, our team is here to help. Contact us today for a free consultation.
Why Would You Need a Lawyer?
No matter what your job is in Tacoma, you have the right to fair pay. If your employer misclassifies you, it could impact your wages and benefits. While some issues can be resolved by going directly to your employer, others might require legal action–particularly if you’re missing significant pay or your employer refuses to correct the mistake.
Here’s how our team can help:
- Explain your rights and legal options
- Gather evidence and payroll records
- Communicate with your employer on your behalf
- Negotiate for the wages you’re owed
- Take legal action if a fair resolution isn’t reached
Misclassification can be stressful, but you don’t have to face it alone. We’re here to guide you through every step of the process.
How Can I Tell If I’m Being Misclassified?
There’s two main types of workers in Tacoma: exempt and non-exempt. The key difference comes down to overtime pay and wage protections:
- Non-exempt employees – These are typical hourly employees. As a non-exempt worker, you’re entitled to all of the legal protections that come with Washington’s labor laws, including overtime, minimum wage, and meal and rest breaks.
- Exempt employees – These are your salaried workers, usually in management positions. They are not entitled to overtime pay regardless of hours worked, and must meet specific salary and job duty requirements set by Washington law. Currently, that threshold is set at:
- $69,305.60 for businesses with between 1 and 50 employees.
- $77,968.80 for businesses with over 51 employees.
With this, it’s pretty easy to see why your employer would try to misclassify you: they don’t want to give you overtime or other benefits. Most often, this happens in industries like:
- Retail
- Hospitality
- Construction
- Healthcare
But again, it’s all about recognizing the warning signs of misclassification. This usually includes:
- You’re paid a salary but don’t have managerial or specialized job duties.
- You regularly work more than 40 hours a week without overtime pay.
- Your job focuses on repetitive or manual tasks rather than high-level decision-making.
Obviously, it can sometimes be difficult to even realize you’ve been misclassified until you look at your pay records. But the reality is that, when this happens, you have certain options.
What Legal Options Do You Have If You’ve Been Misclassified?
The good news, relatively speaking, is that you have certain legal options if you’ve been misclassified by your employer. You don’t always have to go straight to court–often, filing an administrative claim is the first step and may resolve the issue without full legal action. Here are the main ways you can fight back against misclassification:
- L&I Complaint – The first step is usually reporting your misclassification by filing a claim with the Washington State Department of Labor & Industries (L&I). They investigate wage violations, including unpaid wages due to misclassification. If L&I finds your employer in violation, they may:
- Order your employer to pay your back wages.
- Lay down fines for wage violations.
- Civil lawsuit – If L&I doesn’t resolve the issue, or if you want to seek additional damages, you can file a civil lawsuit. This takes more time and effort, but generally gives you a better chance at full damages, which can include:
- Unpaid wages and overtime.
- Back pay for missed earnings.
- Liquidated damages (additional compensation for wage violations).
- Emotional distress damages relating to the stress of the misclassification.
- Attorney’s fees and court costs.
- Class action lawsuit – If multiple employees at your workplace have been misclassified, you may be able to file a class action lawsuit together. This strengthens your case and may lead to faster resolution.
Washington generally gives you three years from your last paycheck to file a claim for unpaid wages due to misclassification. If you suspect you’ve been misclassified, taking action sooner rather than later is important.
What Can You Do to Strengthen Your Claim For Misclassification?
Given all the guidelines for misclassification, you might think it’s fairly simple to prove. While that’s mostly true, your employer isn’t going to come out and freely admit that they’re misclassifying you on purpose. So then, it’s important to gather the right information and evidence to strengthen your claim. Usually, this includes things like:
- Track your work hours – Write down your daily 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 prove you should be classified as a non-exempt employee.
- Save your pay stubs and tax records – Your pay stubs, direct deposit records, and tax forms (W-2 or 1099) can show whether your employer is treating you like an exempt employee when you should be a non-exempt employee. These documents help determine whether you’re missing out on wages or benefits.
- Know your job duties – Compare what you actually do to your job title. If you’re performing tasks similar to full-time employees but are classified as an independent contractor, that’s a red flag. Your duties should align with how you’re classified.
- Save emails and work communications – Keep any emails, text messages, or documents that show your employer controls your work, such as setting deadlines, supervising tasks, or requiring you to follow specific procedures. This can prove you’re a non-exempt employee rather than an exempt employee.
- Talk to your co-workers – If others at your workplace are also misclassified, their statements can support your case. Witness testimony from your co-workers can confirm your schedule, job duties, or lack of independence, which can be powerful evidence. This will also help you gauge a potential class action lawsuit.
It doesn’t matter if your employer misclassifies you by mistake or to simplify payroll–it’s still a violation of both Washington state and federal labor laws. When your employer misclassifies you, it means you’re missing out on vital pay and benefits. It also makes them liable for legal action.
Get Legal Help for Employee Misclassification in Tacoma
Employers must follow the law when classifying workers, and misclassifying employees to avoid fair pay or workplace protections is illegal. Our Tacoma unpaid wage lawyers at Ferraro Vega has the experience and knowledge of Washington labor laws to help workers fight back.
If you suspect misclassification, contact us today for a free consultation. We’ll review your case, explain your rights, and help you recover the income you’ve missed out on.