If you are not being fairly compensated for the time you spend working, it can be incredibly intimidating and confusing to figure out how to take action. Maybe you are fearing retaliation from your employer or you are unsure of whom to contact. To get started, you can file a wage or hour complaint with the Washington State Labor Commissioner’s Office, and our team of experienced employment attorneys at Ferraro Vega can help.
What Is a Wage Claim?
If you are involved in a dispute about the compensation that you are paid from your employer, you might be able to file a wage claim to get the money you are owed. A wage claim includes any sort of issue involving the amount and rate of your pay. For example, you can file a wage claim if:
- You are not paid for your overtime work, and you are not exempt from overtime.
- You receive a paycheck from your employer, but it bounces, and you can’t cash it.
- Your employer consistently pays you late.
- You are not paid for your regular working hours.
- You are paid less than the minimum wage in your state.
What Is an Hour Claim?
If you are involved in a dispute about your working hours, your breaks, or your working conditions, then you can file an hour claim. For instance, you might want to file an hour claim if:
- Your employer is forcing you to work on your unpaid break.
- Your employer makes you miss your meal or rest breaks.
- You are required to work “off the clock” without compensation.
- You are misclassified as an exempt employee when you are non-exempt.
How Do You File a Work or Hour Claim in Washington State?
If you want to file a work or an hour claim in Washington State, then you need to file your paperwork and supporting documents with the Washington State Department of Labor & Industries. You can fill out the initial claims form by downloading it from the department’s website and then proceeding to fill it out and mail it to any Labor and Industries office within the state. You can also go into any of the offices to file your claim in person.
You should be prepared to provide supporting documentation for your claim, including records of your working hours and paystubs. Your employer is legally required to keep these records, and if they do not, they can face serious penalties. It is important to make sure you provide them and that they are detailed and accurate so your claim is strong.
Do You Need to Have an Employment Lawyer for Wage and Hour Claims?
If you want to file a wage or hour claim in Washington State, it can be a good idea to consult with a Washington State employment attorney about your dispute first. Your lawyer can closely review all of the aspects of the conflict you are in and help you determine if and how you should proceed with filing a wage claim.
Your lawyer can also help you secure solid, relevant documentation for your claim and make sure your initial paperwork is accurate and free of any errors that might delay the process. In the frustrating event that your claim is denied by the office, your lawyer can help you appeal this decision or pursue other routes.
FAQs
Q: What Is the New Salary Law for 2023 in Washington State?
A: If you live in Washington State, then as of 2023, your minimum wage is $15.74. However, if you are receiving less than this amount per hour, you are entitled to file a wage claim to pursue lost compensation.
Q: How Long Do I Have to File a Wage Claim in Washington State?
A: If you want to file a wage claim in Washington State, you typically have three years from the date that you were owed your wages to file the claim. If you are unsure if your case falls within the allotted amount of time, an employment attorney can provide useful legal guidance.
Q: How Much Is an Employment Lawyer in Washington State?
A: You expect the fees that lawyers in Washington State charge to vary based on many factors. For instance, your lawyer’s experience and reputation can impact the amount that they charge, as can the services you require from them. Typically, the more time and effort that an attorney has to put into your case, the more you can expect to pay. Your lawyer can help set your expectations about legal fees during your initial consultation.
Q: What Is the Overtime Exemption in Washington in 2023?
A: As of 2023, the amount you need to get paid to be exempt from overtime pay is 1.75 times the minimum wage. In other words, you will have to make at least $1,101.8 every week or $57,293.6 a year to be exempt from overtime pay. If you are misclassified as an exempt employee when you are not one, then you should file a claim with the Labor Commissioner’s Office.
For Dedicated Washington State Employment Attorneys, Trust Ferraro Vega
If you are facing any kind of wage or hour disputes in Washington State, it is smart to take all precautions to protect yourself and fiercely fight for your rights. When you consult with an attorney who has experience in this area, you can make a more informed decision about how to take action against your employer. Also, when you work with a qualified attorney, you are making sure you accurately file your claim on time and have other legal options available if your claim is denied.
At Ferraro Vega, our team of experienced Washington State employment lawyers has been standing up for employees in Washington State for years, and we are ready to do everything in our power to stand up for you against an employer who is treating you unfairly. From providing personalized legal advice to helping you pursue your case further; we are eager to assist you. Contact us today for more information.