Best Wage & Hour Lawyers in Washington

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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 Wage & Hour Law in Washington, United States

Wage & Hour law in Washington, United States focuses on ensuring that employees are compensated fairly for their work. This includes regulations on minimum wage, overtime pay, rest breaks, and meal periods. Washington state has specific laws that often provide greater benefits to employees than federal law. Understanding these laws helps protect the rights of workers and ensures that employers comply with their legal obligations.

Why You May Need a Lawyer

Several situations may necessitate seeking legal advice in Wage & Hour matters:

  • Unpaid Wages: If you believe you have not been paid for hours worked, including overtime.
  • Misclassification Issues: When there's a dispute over whether you are classified correctly as an exempt or non-exempt employee.
  • Improper Deductions: If your employer has made deductions from your paycheck that you believe are inappropriate or incorrect.
  • Rest Breaks and Meal Periods: If you are denied legally required rest and meal breaks.
  • Retaliation: If your employer has retaliated against you for asserting your Wage & Hour rights.
  • Contract Disputes: Disputes regarding wage agreements outlined in employment contracts.

Local Laws Overview

Here are some key aspects of Wage & Hour laws in Washington:

  • Minimum Wage: As of 2023, the state minimum wage in Washington is $15.74 per hour, though this may be higher in certain municipalities such as Seattle and SeaTac.
  • Overtime: Non-exempt employees are entitled to overtime pay at 1.5 times their regular rate for hours worked beyond 40 in a workweek.
  • Rest and Meal Breaks: Employees are entitled to a paid 10-minute rest break for every 4 hours worked and a 30-minute unpaid meal break for shifts over 5 hours.
  • Sick Leave: Employees accrue one hour of paid sick leave for every 40 hours worked as per the state Paid Sick Leave law.
  • Independent Contractors: Specific criteria determine whether a worker is an independent contractor or an employee, with different Wage & Hour obligations for each classification.

Frequently Asked Questions

What is the current minimum wage in Washington?

As of 2023, the minimum wage in Washington is $15.74 per hour, though this may be higher in specific cities like Seattle.

Am I entitled to overtime pay?

If you are a non-exempt employee, you are entitled to overtime pay at 1.5 times your regular rate for hours worked over 40 in a workweek.

What breaks am I legally entitled to?

You are entitled to a paid 10-minute rest break for every 4 hours worked and a 30-minute unpaid meal break if you work more than 5 hours in a shift.

Can my employer deduct pay for breaks?

No, your employer cannot deduct pay for legally required rest breaks. Meal breaks can be unpaid if you are relieved from all work duties.

What should I do if I haven't been paid correctly?

First, communicate with your employer to resolve the issue. If that does not work, consider filing a complaint with the Washington State Department of Labor & Industries or consulting an attorney.

How do I know if I’m an exempt or non-exempt employee?

The classification is based on your job duties and salary. Exempt employees generally are salaried and perform executive, administrative, or professional duties, while non-exempt employees are usually hourly workers.

What is the statute of limitations for Wage & Hour claims in Washington?

You generally have three years to file a claim for unpaid wages and other Wage & Hour violations.

Can I take legal action if my employer retaliates against me for filing a Wage & Hour complaint?

Yes, retaliation for asserting Wage & Hour rights is illegal. You can file a retaliation complaint with the Washington State Department of Labor & Industries or consult with an attorney.

What records should my employer keep regarding my wages and hours worked?

Employers are required to keep records of your hours worked, wages paid, and any deductions for at least three years.

Can an employer pay different wages for different shifts?

Yes, employers can implement different pay rates for different shifts as long as the rates comply with minimum wage and overtime requirements.

Additional Resources

Here are some helpful resources and organizations for Wage & Hour issues in Washington:

  • Washington State Department of Labor & Industries
  • U.S. Department of Labor - Wage and Hour Division
  • Legal Voice
  • Northwest Justice Project
  • Washington Employment Lawyers Association

Next Steps

If you believe you need legal assistance with a Wage & Hour issue, here are your next steps:

  • Document Everything: Keep detailed records of your hours worked, pay received, and any communications with your employer about wage issues.
  • Contact Your Employer: Try resolving the issue directly with your employer first.
  • File a Complaint: If direct communication fails, consider filing a complaint with the Washington State Department of Labor & Industries.
  • Consult an Attorney: If you need further assistance, consult with an attorney specializing in employment law to discuss your rights and legal options.
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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.