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Migliaccio & Rathod LLP
Washington, United States

Founded in 2016
14 people in their team
English
Migliaccio & Rathod LLP is a private public interest law firm based in Washington, DC, with a focus on class action litigation across consumer protection, wage theft, environmental harm, data privacy, and civil rights. The firm represents individuals and communities by pursuing large scale actions...
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About Labor Law in Washington, United States

Labor Law in Washington governs the rights and responsibilities between employers and employees. Federal laws, such as the Fair Labor Standards Act (FLSA) and the Occupational Safety and Health Act (OSHA), provide the foundation, while state-specific laws outline further protections and stipulations. Washington's progressive labor laws include minimum wage requirements, overtime pay, paid family and medical leave, anti-discrimination protections, and worker safety regulations, all designed to ensure fair treatment in the workplace.

Why You May Need a Lawyer

There are several situations where you might need legal assistance with Labor Law in Washington:

  • Unlawful termination or discrimination based on race, gender, age, disability, or other protected characteristics.
  • Issues related to wage disputes, including unpaid wages or overtime.
  • Claims involving workplace safety violations or injuries.
  • Concerns regarding employee benefits, such as health insurance or retirement plans.
  • Navigating the complexities of union-related activities and collective bargaining agreements.
  • Misclassification of employees as independent contractors.
  • Experiencing sexual harassment or a hostile work environment.
  • Assistance with understanding and securing family and medical leave rights.
  • Addressing non-compete clauses or other employment contract issues.
  • Whistleblower retaliation cases.

Local Laws Overview

Key aspects of Washington's Labor Laws include:

  • Minimum Wage: Washington State mandates a minimum wage that often exceeds the federal requirement. As of 2023, the minimum wage is $15.74 per hour for most employees.
  • Overtime Pay: Employees must receive overtime pay at one-and-a-half times their regular rate for hours worked beyond 40 in a workweek.
  • Paid Sick Leave: Workers accrue one hour of paid sick leave for every 40 hours worked. This can be used for illness, medical appointments, or health-related matters for themselves or family members.
  • Paid Family and Medical Leave: Washington offers paid leave for workers needing time off for major health conditions, bonding with a new child, or military family leave.
  • Workplace Safety: The Washington Industrial Safety and Health Act (WISHA) ensures safe and healthy working conditions, complementing federal OSHA regulations.
  • Anti-Discrimination: The Washington Law Against Discrimination (WLAD) prohibits discrimination based on race, creed, color, national origin, sex, marital status, and other protected categories.
  • Non-Compete Agreements: Recently updated laws place restrictions on the enforceability of non-compete agreements, especially for lower-wage employees.

Frequently Asked Questions

What is the current minimum wage in Washington State?

The current minimum wage in Washington State, as of 2023, is $15.74 per hour.

Who is entitled to paid sick leave?

All employees in Washington, including part-time and seasonal workers, accrue one hour of paid sick leave for every 40 hours worked.

How does Washington State handle overtime pay?

Employees must be paid one-and-a-half times their regular rate for all hours worked over 40 in a single workweek unless they are exempt.

What protections are there against workplace discrimination?

The Washington Law Against Discrimination prohibits workplace discrimination based on protected characteristics such as race, gender, age, disability, and sexual orientation.

What should I do if I'm unfairly terminated?

Consult with a labor lawyer to determine if your termination was unlawful and to discuss potential legal actions you can take.

How can I take advantage of Paid Family and Medical Leave?

Eligible employees can apply for Paid Family and Medical Leave through the state for qualified reasons such as serious health conditions or new child bonding.

What are my rights if I experience sexual harassment at work?

Report the harassment to your employer, document all incidents, and consult a lawyer if the issue is not appropriately addressed to explore further legal actions.

Can my employer enforce a non-compete agreement?

Washington has strict limitations on non-compete agreements, particularly for employees earning less than $100,000 per year. Consult a lawyer to see if your agreement is enforceable.

How do I address a wage dispute?

Document all hours worked and wages received, then discuss the issue with your employer. If unresolved, legal consultation or filing a complaint with the Department of Labor and Industries might be necessary.

What steps should I take if I'm injured at work?

Report the injury to your employer immediately. Seek medical attention and consult a lawyer to understand your rights and potential workers' compensation claims.

Additional Resources

For more information and assistance, here are some helpful resources:

  • Washington State Department of Labor & Industries: Offers guidance on workers' rights, safety regulations, and wage laws.
  • U.S. Department of Labor: Provides comprehensive information on federal labor laws and protections.
  • Washington Employment Lawyers Association (WELA): A professional network of employment lawyers who can assist with labor law issues.
  • Equal Employment Opportunity Commission (EEOC): Handles claims related to workplace discrimination.
  • Washington State Human Rights Commission (WSHRC): Investigates discrimination complaints and promotes equality.

Next Steps

If you need legal assistance in Labor Law, follow these steps:

  1. Identify the Issue: Clearly outline the labor-related issues you are facing and gather any relevant documentation.
  2. Consult Resources: Look up information from reliable sources, such as the Washington State Department of Labor & Industries and the U.S. Department of Labor.
  3. Seek Legal Advice: Contact a labor law attorney for a consultation. Look for experienced lawyers, potentially through the Washington Employment Lawyers Association.
  4. File a Complaint: If necessary, file a complaint with the appropriate agency, such as the Department of Labor or the EEOC, based on your specific issue.
  5. Follow Through: Stay informed about your rights and responsibilities, keep in communication with your legal representative, and follow their advice for the best outcome.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.