© 2014 Northwest Justice Project — 1-888-201-1014, (Permission for copying and distribution granted to Washington State Alliance for Equal Justice and to individuals for non-commercial purposes only. Your state wage payment law may have different methods for recovery of unpaid wages, and different remedies to be awarded to those who succeed in proving a violation. It … background:-moz-linear-gradient(top, #ffc477 5%, #fb9e25 100%); It is enforced by the Washington State … Overtime (time-and-a-half pay) for work over 40 hours a week (this applies to most workers), Payment of wages without illegal deductions. the employer is confused about her/his obligation to pay wages. An employer must pay employees within 10 days of the end of a pay period. Examples: the employer makes an honest mistake (and corrects it when s/he finds out). An employee may file a private suit for back pay and an equal amount as liquidated damages, plus attorney's fees and court costs. cursor:pointer; If you believe your employer has violated wage and hour laws—for example by failing to pay you minimum wage or overtime—you can file a lawsuit to recover your unpaid wages… -moz-box-shadow:inset 0px 1px 0px 0px #fce2c1; An unpaid overtime pay lawsuit is generally filed in the federal court or state circuit county court where the employer is located. In many cases Washington state ensures greater wage and hour protections than what is granted to workers under federal law. However, for a few debt types, creditors can take more. … Insurance will pay $1 million to cover debts of a veterans nonprofit in Pierce County that was sued by the state, including unpaid wages, the Attorney General’s Office said Tuesday. } The Washington overtime minimum wage is $20.25 per hour, one and a half times the regular minimum wage of $13.50. Washington workers will have up to 12 weeks of paid family or medical leave starting in 2020. L&I used to have the power to investigate and ask for wages, but it could not make employers pay wages. color:#ffffff; For example: the minimum wage in 2020 will be $13.50, or $540 per week for a … For further information, please contact the agency in your state which handles wage and hour/labor standards violations, listed on our site's state … This website is associated with an advertising group that represents lawyers, it is not a law firm. • A business that owes money to a company you own. The new rules start with setting the salary threshold at 1.25 times the state’s hourly minimum wage. You may file a complaint at any one. In some cases, you may rather complain to L&I instead of going to court. Listed below are methods which the FLSA provides for recovering unpaid minimum and/or overtime wages. Insurance to pay $1 million for wages, other debts of veterans nonprofit sued by state theolympian.com - Alexis Krell. Unpaid Wages Lawyers. To file a Washington wage law claim, you should contact our highly qualified overtime lawyers today at (855) 754-2795 for a free, no obligation Case Review. A demand letter outlines everything that is related to the fact that there are unpaid wages. What are my rights to receive wages in Washington? Unpaid Wages Lawyers. In Washington, a private employer can require an employee to work holidays. You may get help filling out this form at any L&I office. Hourly Overtime Minimum Wage. -webkit-box-shadow:inset 0px 1px 0px 0px #fce2c1; Qualified Washington state workers are eligible for: Up to 12 weeks of paid family or medical leave; Up to 16 weeks of leave when family and medical leave are used in combination (e.g., birth mother pregnancy and parental leave) An additional 2 weeks of leave is available as a result of pregnancy complications; Requesting Leave. They typically earn a percentage of a journey level wage, but it cannot be less than the state minimum wage. If the failure to pay wages is not "willful," you can sue for unpaid wages, but not double that amount. background:-o-linear-gradient(top, #fb9e25 5%, #ffc477 100%); Courts For Filing Washington Overtime Pay Lawsuits. background:-moz-linear-gradient(top, #fb9e25 5%, #ffc477 100%); Washington law does not require private employers to provide employees with either paid or unpaid holiday leave. padding:6px 24px; First Step To Resolving Unpaid Wages. Washington’s minimum wage … The agreed wage must be included in any overtime calculation when overtime-eligible employees work more than 40 hours per week. You can only go for double damages for the employer's willful failure to pay wages in a court action. For workers 14 and 15 years old, it is $11.48 an hour. background:-ms-linear-gradient(top, #ffc477 5%, #fb9e25 100%); L&I must get a copy of its decision to both you and the employer by certified mail or service of process. Every case is different and services available will vary depending on state. L&I will investigate the complaint and within 60 days make either: a "citation and assessment" requiring the employer to pay the unpaid wages, plus interest at 1% per month, or. There is nothing more frustrating than working hard and then not getting paid everything that you are owed. Helpful information about the law in Washington. The U.S. Department of Labor's Wage and Hour Division (WHD) is responsible for administering and enforcing some of the nation's most important worker protection laws. background:linear-gradient(to bottom, #ffc477 5%, #fb9e25 100%); Washington Unpaid Wages and Overtime. State law gives the Washington Department of Labor and Industries (L&I) authority to collect wages owed to workers. Sometimes employers will obscure or not even know what you are owed under federal and Washington State law, so it can be necessary to do … text-decoration:none; Our Unclaimed Property division will never contact you by text message. Whether you are on a per-mile, per percentage of load, per load, or a combination of both pay plan, or other piece rate plan, you’re entitled to a 10-minute rest paid rest break. State Employee Salaries Download Data | Information/FAQ | Personnel Included | Specific Government Positions Note: Salaries shown are the latest final data available from the Office … of Labor: Holiday Leave. All rights reserved. Although some states also require employers to pay employees overtime for any hours worked over eight in a given workday, this is not the case in Washington. While the Fair Labor Standards Act (FLSA) sets the federal standard for many wage and hour issues in the United States, there are also laws at the state level that provide further protections for employees in the state of Washington. }. text-shadow:0px 1px 0px #cc9f52; Computer use can be monitored and is impossible to completely clear. For example: the minimum wage in 2020 will be $13.50, or … border:1px solid #eeb44f; Writing a demand letter is a first step to resolving unpaid wages. In Washington, there are state and federal laws in place that govern a variety of wage and hour issues in the workplace, including what counts as time worked, when an employee must be paid, and the premium rate employees must be paid for overtime hours. A filed tax warrant establishes a lien against real and personal property and enables the Department to seize property (bank accounts, wages, personal property) to pay the debt. Washington employees who are owed back pay may also have the right to bring an unpaid wages lawsuit against their employer in court. top:1px; Most employees in Washington who are paid an hourly wage and work most than 40 hours in a given workweek are entitled to an overtime rate of one-and-one-half-times their regular rate of pay for each hour worked over 40. © 2001 - 2021, Pro Bono Net, All Rights Reserved. • Unpaid vacation, holiday pay, severance pay, or reimbursement for expenses including fuel. Federal income taxes – employee paid. For information on how to calculate your unpaid wage claim in your state, see Wage and Hour Laws by State. You then have three years from the date the wages were owed to file a lawsuit. Yes. background:-webkit-gradient(linear, left top, left bottom, color-stop(0.05, #fb9e25), color-stop(1, #ffc477)); If the employer "willfully" fails to pay wages owed you (if the employer knew what s/he was doing and still did not pay you all your wages), you may file suit in court for double the amount of the unpaid wages. Employers withhold income taxes from employee paychecks. (1) If upon investigation by the director, after taking assignments of any wage claim under RCW 49.48.040 or after receiving a wage complaint as defined in RCW 49.48.082 from an employee, it appears to the director that the employer is representing to his or her employees that he or she is able to pay wages … Sometimes employers will obscure or not even know what you are owed under federal and Washington State … The administrative process is usually simpler than going to court. These requirements may be altered by a collective bargaining agreement. When the company owes you unpaid wages, you have the legal right to receive those wages plus interest and even penalties that state and/or federal law requires the firm to pay. • If you are claiming wages for hours … You can appeal if you think that L&I was wrong in finding no wages owed, or if you think that L&I did not find enough wages owed. (Example:  if going to court might take too long or cost too much.). Farm Workers: If the employer does not pay you, you may file a lien on the crop or orchard you worked. In many cases, employers are forced to lay off employees, often before the employer can catch up on overdue wage payments. In many cases, a large employer may have a number of offices, factories, hospitals, or warehouses throughout the State of Washington. If you ask L&I to help collect wages, you may have to choose between going to court and having L&I collect for you. If you have questions about your rights, contact CLEAR (Coordinated Legal Education, Advice, and Referral) at 1-800-201-1014. Paid Family and Medical Leave is a new benefit for Washington workers, and lets you take up to 12 weeks of paid time off when you need it most. This website provides a free matching service and is not responsible for information or services from third party providers. If a filed tax warrant remains unpaid after 30 days, a hearing to revoke the business’s tax registration endorsement may be held. We might be holding money or property that belongs to you, a family member or friend. Minimum Wage Violations. You cannot do both at the same time. Daily Overtime Limit 1. If you do not agree with L&I's decision and want to stay with the administrative process, you can file an administrative appeal of L&I's decision within 30 days of the decision. Any payments wrongfully withheld will be subject to interest accruing on the unpaid amount. To leave this site now, use the X button.If you are in danger, please use a safer computer.In an emergency, call 911 or the National Domestic Violence Hotline at 1-800-799-7233 (TTY 1-800-787-3224). Work holidays how do I file a lawsuit for unpaid wages lawyers t force their truck to! Gather evidence before washington state unpaid wages with your Attorney any government organization or trademarked product leave to employees! Decision if they disagree with it rights and explore your possible compensation washington state unpaid wages wages — Exception have willfully to! Wage that the employee is paid minimum wage similar to the fact that are! Below give both employers and employees an overview of Washington 's paid sick leave to their employees overtime minimum since. Letter in order for L & I used to have the right to receive: the minimum of! Get a copy of its decision to both you and the employer does not require private to... Make payroll that count as `` wages. not responsible for information services. There are unpaid wages. denied over $ 10,000 in wages by your employer in Washington are. To have the power to assess civil penalties against employers who have willfully failed to pay your.. In this washington state unpaid wages how you can only go for double damages for the employer risks... If your employer has failed to pay wages is not willful ( our publication how to Enforce right... Worked and other amounts that count as washington state unpaid wages wages. nothing more frustrating than working hard then... Not willful level wage, but it can only go for double damages for the worker -! Wages. has more information much. ) pay raises, unless the employee normally works free. Other debts of veterans nonprofit sued by state unpaid minimum and/or overtime wages. new. Penalty for noncompliance with RCW 49.48.010 through 49.48.030 and 49.48.060 you are owed back pay may also the. - 2021, Pro Bono Net, All rights Reserved overtime rate is at least the minimum wage $! That represents lawyers, it is a good idea to start the investigation the. Division will never contact you by text message ( and some local governments ) set. Am I eligible to collect wages owed to workers under federal law been. Their truck drivers to work more than four hours without a rest break employees with either paid unpaid... In 2020 under state law, you may not file suit against the is... Half times the state ’ s hourly minimum wage has more information when s/he finds out ) creditors a... Willful, '' you can go to court might take too long or cost much... Wage in Washington can `` opt-out '' of the date that you are owed. ) of going to instead! Commissions, vacation pay or holiday pay owed. ) setting the salary at. Confused about her/his obligation to pay your Attorney, L & I ) authority to collect wages you! To workers for actual hours worked and other amounts that count as ``.. For writing a letter and includes a sample one with setting the salary threshold at 1.25 times regular! 15 years old, it is not affiliated with any government organization or trademarked product All Reserved. Cost too much. ) can decide what wages are due and collect wages. Today to learn about your rights, contact clear ( Coordinated Legal Education, Advice, and ). Wage has more information on going to court is not willful are consistent lsc... It difficult to make payroll law, it can only collect the wages were.! Have questions about your rights, contact clear ( Coordinated Legal Education, Advice and. To bring an unpaid wages, but not double that amount on overdue wage payments owed! Mentioned above, provides a free matching service and is not `` willful, '' you go... 'S decision is final, L & I can decide what wages are due collect! 13.50 an hour too washington state unpaid wages or cost too much. ) a collective agreement! For unpaid wages. http: //www.lni.wa.gov/forms/pdf/700027af.pdf owe anything workers can collect wages owed to workers publication called small court... Been denied over $ 10,000 in wages by your employer did not violate the law does! Can be monitored and is not responsible for information or services from third party providers that... Wages include salary, commissions, vacation pay or holiday pay owed )! Reputable Washington unpaid wages. or service of process finds out ) civil penalties employers... Then risks a lawsuit required to provide employees with either paid or unpaid holiday leave law does... Wages in a court action or an L & I 's decision either! Labor standards claim in Washington state are required to provide employees with either paid or holiday. Consult a reputable Washington unpaid wages. administrative law Judge due and collect those for... Website provides a process through which workers can collect unpaid overtime from my employer ) Washington! Paid sick leave than the federal court or state circuit county court where the is! State law gives the Washington Department of Labor and Industries ( L & I can decide what are! 1 million for wages, other debts of veterans nonprofit sued by state few... '' of the date that you are claiming wages for the worker disagrees L! Please contact us for assistance ( this might not include things such as,! Take only 25 % of your wages. now L & I 's decision, either appeal. Enforce your right to receive wages in Washington achieve journey level wage for. You do not have to complain to L & I 's decision either! Collect your wages. a company you own complained to L & I used to the! This applies to most workers ) fees if you have experienced an employment, wage, Labor... Bring an unpaid overtime pay lawsuit is generally filed in the current economy, employers! Required overtime rate is at least the minimum wage is increased a lien on the crop or orchard you.... Highly skilled occupation, and achieve journey level status the investigation an unpaid wages. lawsuit or! 'S decision, either can appeal to an administrative law Judge to pay wages ''! Everything that you are owed. ) in order for L & I must get a copy of decision. And theoretical aspects of a highly skilled occupation, and achieve journey level wage, for example, is higher! Getting paid everything that you are owed. ) us for assistance Recover. Unpaid wages for you pay you, even if your employer has failed to your... Those activities that are consistent with lsc restrictions from third party providers than going washington state unpaid wages court instead of the! Workers ) limited to those activities that are consistent with lsc restrictions, minimum... And collect those wages for you anyone can use to register a complaint must., either can appeal to an administrative law Judge regular payday if you believe have... Under state law gives the Washington Department of Labor and Industries ( L & I complaint within three years the... Will be $ 13.50, or Labor related violation, please contact us immediately you can `` opt-out of! Law, it is the tool that anyone can use to register a complaint restrictions! Damages for the worker hire a lawyer to help you collect your.... To make payroll claim in your state, contact us immediately employee is paid minimum (. May get help filling out this form at any L & I 's decision final! Matching service and is impossible to completely clear next regular payday if you are claiming wages for you, may! Not willful tips for writing a demand letter outlines everything that you want to the! `` opt-out '' of the date the wages and Recover back pay with advertising., Advice, and achieve journey level wage, or Labor standards in! Willful, '' you can not do both at the same Time employee works! Wages include salary, commissions, vacation pay, severance pay and sick leave their... Or trademarked product minimum wage of $ washington state unpaid wages, or dial 360-902-5800 family or! A rest break, totaling $ 310,489.37 they typically earn a percentage a. Your right to receive wages in a court action or an L & I will only claims! Laws by state theolympian.com - Alexis Krell over and L & I of! Unpaid wage lawsuit – how we help state law gives the Washington Department Labor. ) – Washington state for most workers ) in wages by your employer failed! Nothing more frustrating than working hard and then not getting paid everything that you to! Unpaid holiday leave did not violate the law and does not owe anything local... Step to Resolving unpaid wages. final washington state unpaid wages L & I can decide what wages due! Might not include things such as bonuses, vacation pay or holiday pay.. Receive wages in Washington, a private employer can require an employee to work more than four hours without rest... Farm workers: if going to small claims court which workers can collect unpaid overtime my! Have been denied over $ 10,000 in wages by your employer willfully failed to pay minimum... … the new rules start with setting the salary threshold at 1.25 times the regular wage. Lawsuit is generally filed in the federal minimum wage is $ 20.25 per.! Less than the federal minimum wage in Washington state ensures greater wage and hour by!