Ferraro Vega Employment Lawyers helps protect the rights of workers in Seattle. One of the most basic rights you have is to be paid fairly, especially if you spend time traveling to and from job sites. Not being paid for travel time is a big issue for many workers in Seattle, but the law is on your side. To learn more about your legal options, contact us today for a free consultation.
Do You Need to Get a Lawyer?
Throughout Seattle’s many different industries, workers have a legal right to fair pay, which includes protections for overtime, minimum wage, timely final paychecks, meal and rest breaks, and more. However, if your employer doesn’t follow these rules, you have legal options to recover unpaid wages, including missed pay for any travel time.
At the same time, you only need a lawyer in certain situations. You might be able to resolve the issue by talking directly to your employer and having them fix things internally. If that doesn’t work, you’re going to need to explore your legal options. We can help you by:
- Explaining your rights and available options
- Helping you collect the necessary evidence and documentation
- Negotiating with your employer for a resolution
- Filing a lawsuit, if required
You don’t have to tackle unpaid travel time claims on your own. While the law is on your side, navigating the process can be stressful. Our team is here to guide you, hold your employer accountable, and help you recover the wages you’re owed.
What Options Do You Have For Unpaid Travel Time?
Work is hard enough without going through situations where you’re not paid correctly. Then, when you factor in travel time and other issues, it’s incredibly difficult. But for as difficult as it is, you do have rights and options. It’s all about bringing the issue to your employer’s attention and then exploring your options. Here’s a quick overview of what you can do:
- Talk to your employer – If you believe you are owed pay for travel time, start by discussing the issue with your employer. Bring evidence and documentation to support your claim. This may help you reach a resolution, such as an agreement or payment plan.
- File a complaint with the Washington State Department of Labor & Industries (L&I) – If talking with your employer doesn’t resolve the issue, you can file a complaint with L&I. They oversee wage and hour laws and will investigate your claim. If they find that your employer has failed to pay you properly, they can order them to pay you back for the unpaid travel time.
- File a lawsuit – If necessary, you can also file a lawsuit against your employer for failing to pay for travel time. Our legal team can guide you through this process and help make sure you recover the wages you’re owed, along with liquidated damages, emotional distress, and other financial support.
- Join a class action lawsuit – If your employer is not paying for travel time, it’s possible other coworkers are also affected. You may have the opportunity to join a class action lawsuit with other workers who have experienced the same issue.
Obviously, the path you need to take is going to depend on the specifics of your situation. That said, it’s important to understand that you only have a certain amount of time to file a claim. In Washington, you have three years from the date of your last unpaid wage to file.
How Do You Know If You’re Not Being Paid For Travel Time?
In Washington, “travel time” is a legally-recognized part of your job. Under the law, you are to be paid for all “hours worked” and that includes time spent:
- Traveling for work-related purposes.
While this is a fairly clear definition, one of the toughest things about any violation of your rights as a worker is that it can be difficult to even know what’s happening. No matter what your job is, you could face a situation where your employer tries to get around the law when it comes to paying you for travel time. And if they can get away with that, they’ll probably do whatever else helps the bottom line of the company.
Part of knowing your rights is knowing how travel time and similar wage theft happens:
- Travel between job sites – If your job requires you to travel between different work locations during your shift, this travel time should typically be paid. If your paycheck doesn’t reflect this time, you might not be getting the compensation you’re owed.
- Travel during work hours – Any travel that happens during your regular work hours, even if it’s on non-working days (such as weekends), should be compensated. For example, if you’re asked to travel for a client meeting or training session during normal working hours, you should receive pay for this time.
- Overnight travel – If your job requires overnight travel, the time spent traveling during your standard work hours must be paid. If this isn’t included in your wages, you may be missing out on pay.
- Integral travel – If your job in Seattle involves frequent travel essential to your role, such as delivering products or attending off-site meetings, this time should be paid. Check your pay records to make sure these hours are factored in.
- Special circumstances – While traveling from home to your usual workplace is typically not paid, exceptions may apply. If your employer asks you to start at a different location or perform specific tasks during your commute (e.g., transporting work materials.)
Recognizing the issue is just the first step in protecting yourself. You can then explore your options by making a wage claim, but that brings with it the prospect of showing proof.
What Can You Do to Strengthen Your Claim For Unpaid Travel Time in Seattle?
Once you start to suspect–or better yet, have concrete proof–that you’re not being paid for your travel time, you can file a claim. But the question isn’t about your rights–it’s about how strong your claim is. In order to put together a strong claim, you’re going to need to show things like:
- Keep detailed records – Document all work-related travel, including dates, times, and destinations. Note the purpose of each trip and any work tasks completed during travel. This evidence can help prove the hours spent on work-related travel.
- Compare pay records – Review your paystubs, timesheets, and any records from your employer that outline your paid hours. Compare these to your travel records to identify any unpaid travel time discrepancies.
- Save communications – If you talk to your employer or HR department, keep a record of the conversation. Also, make sure to save any emails, text messages, or other communications about the issue. This will provide written confirmation that your employer was alerted to the issue.
Given all the different ways that you might be paid for travel time, it’s fairly important to make sure you save any records and documentation that shows this. This will form the foundation of your claim, and will set you up for success moving forward.
Free Consultations for Seattle Workers Facing Unpaid Travel Time
If your day-to-day work in Seattle requires you to travel, you have a right to be paid for that time. Our team of skilled and dedicated employment lawyers at Ferraro Vega is here to help you understand your options if your employer fails to pay you correctly. Beyond legal advice, we offer the support you need to hold your employer accountable under the law. Contact us today for a free consultation to get started.