Ferraro Vega Employment Lawyers can help you if you work in a restaurant in Washington and aren’t being paid properly. Restaurant work is fast-paced and far from easy–whether you work in the kitchen or up front waiting tables and greeting customers. Like any worker, you rely on your paycheck—and often, your tips—to keep up. But what happens when the money you’ve earned doesn’t show up in your paycheck? We can help. Set up a free consultation today to learn how.
Do I Need a Lawyer?
Not every paycheck issue calls for a lawyer. Sometimes, payroll just makes a mistake and your manager can fix it. But when the missing money adds up—or your employer refuses to take responsibility—it’s time to get legal advice.
Restaurant workers already face unpredictable hours and demanding shifts. Losing wages on top of that can mean falling behind on rent, juggling bills, or not being able to cover basic expenses. That’s where we come in. At Ferraro Vega, we:
- Review your pay records, timecards, and employment agreements
- Explain your rights under Washington and federal law
- Step in to communicate with your employer so you don’t have to
- Negotiate for back pay, unpaid tips, and overtime
- File a lawsuit if necessary to protect your rights
We’re not here to complicate things—we’re here to give you options and make sure you get the pay you’ve earned.
How Does Unpaid Wage Violations Happen in Restaurants?
While it’s one of the most universally known jobs, restaurant workers face unique forms of wage violations that don’t always look obvious at first glance. Most of the time, it happens with the following:
- Working after being clocked out – You may be told to finish wiping down tables, rolling silverware, or closing out the register after your shift, even though you’re no longer on the clock.
- Improper tip sharing – Some employers pressure you or your coworkers to “tip out” managers or cover the cost of a customer walkout, even though that’s not your responsibility under the law.
- Off-the-clock prep work – Many workers are expected to show up early to brew coffee, chop vegetables, or set up the bar without being allowed to clock in. Those minutes quickly add up to hours of unpaid labor.
- Missing overtime pay – If you work more than 40 hours in a week, Washington law requires time-and-a-half pay. But in restaurants, hours are often shuffled between schedules, making overtime disappear on paper—even when you worked the extra time.
These aren’t small mistakes—they take money out of your pocket. More to the point, though, they’re illegal. This opens up legal options, but first, you want to make sure you have proof.
What Can Prove My Unpaid Wage Claim?
Even though it’s not as paperwork-heavy as other jobs, working in a restaurant is still going to give you a range of different documents and other information that you can use as proof that you’re not being paid correctly. Usually, your claim is going to be built around:
- Pay records – Pay stubs and deposit records show exactly what you received versus what you should have earned.
- Work schedules – Posted or digital schedules help show what shifts you were supposed to work.
- Timecards/clock-in systems – These logs confirm the hours you actually worked.
- Tips and receipts – Tip records or point-of-sale receipts can show if money went missing.
- Messages and emails – Notes from managers asking you to stay late, come in early, or work off the clock.
- Coworker statements – Colleagues can back up your story and show that missing pay isn’t just happening to you.
Put together, these records tell the real story: you worked, and you weren’t paid fairly. But there’s another part of the equation: filing a claim and getting your unpaid wages back.
How Can I Get My Unpaid Wages Back?
If your paycheck doesn’t reflect the hours, effort, or promises you’ve earned, it can feel overwhelming—especially when you’re juggling long shifts, early mornings, or physically demanding work. The good news is that Washington law gives you real ways to recover your unpaid wages:
- Filing a claim with L&I – The Washington State Department of Labor & Industries (L&I) is there to help workers just like you. You can file a claim even if your employer disputes it. L&I will investigate your complaint, and if they find your employer broke the law, they can make sure you get paid for all your missing wages—and may even issue fines and other penalties to make sure it doesn’t happen again.
- Negotiating directly with your employer – Sometimes you don’t need a formal claim. Our team can reach out to your manager or HR on your behalf to explain the situation and request payment. For example, maybe you stayed late wiping down tables or rolling silverware after clocking out, or worked early prepping the kitchen before your shift officially started. A professional request often resolves the issue quickly, without you having to confront your employer or risk your job.
- Filing a lawsuit – If the wage theft is ongoing or involves larger amounts—like unpaid overtime, skipped tips, or promised bonuses—a civil lawsuit may be your best option. A lawsuit can recover “damages” like:
- Back pay
- Unpaid wages
- Additional damages for the stress and financial strain caused by being underpaid.
- Class action lawsuits – Wage issues in restaurants often affect entire teams or multiple locations. Maybe several servers, bartenders, or cooks have all been asked to work off-the-clock or share tips unfairly. A class action lets you and your coworkers come together, increasing the pressure on the employer to pay fairly. It also shows that the problem isn’t just happening to one person—it’s a broader issue that needs to be corrected.
In Washington, most unpaid wage claims must be filed within three years of your last paycheck. That might feel like a long time, but evidence can fade, schedules change, and memories can blur. The sooner you decide to take action, the stronger your claim is likely to be. Even if you’re not sure about which path to take, we’ll be there to answer your questions and help you through the process.
Talk With Ferraro Vega Employment Lawyers About Your Unpaid Wages
Restaurants are the heart of Washington’s communities, from Seattle’s fine dining spots to local diners in small towns. You and your coworkers who keep them running deserve fair pay for every shift. When your paycheck is short, it’s not just unfair—it affects your life outside of work, from paying rent to feeding your family.
You might feel like speaking up could cost you your job, but the law protects you. At Ferraro Vega, we’ll walk you through your options, explain your rights in plain language, and fight to make sure you’re paid every dollar you’ve earned. Set up a free consultation today to get started.
