When a worker’s employer does not give them all for the wages, salary, or benefits that they earned, it is considered to be a form of wage theft under Washington labor laws. There are several different things that can be considered unpaid wages, including, but not limited to:
- Too much being withheld for tips
- Not compensating workers for earned overtime
- Not classifying the worker properly, which means they will not earn the overtime they are entitled to
In these situations, wage theft may also be referred to as withholding wages and withholding salary. Examples of how an employer may not pay a worker correctly include:
- Withholding the worker’s pay if they file for disability
- Disputes about paid leave and other benefits
- Not reimbursing a worker for their out-of-pocket work-related expenses
- Clerical or administrative pay errors
- Withholding overtime wages
- Not compensating workers for all of the time they spend on the job or forcing them to work “off the clock”
- Not properly categorizing an employee on purpose so they can be paid less than they should be
- Not paying an employee the correct minimum wage
Washington state laws and federal laws provide what is required as a minimum wage that the majority of workers have to be paid. Overtime laws also include categories of workers who are entitled to overtime pay when they work more than a specific number of hours per day or days every week.
In some situations, workers are employed under an employment contract. These contracts outline the benefits and salary that the worker will earn in exchange for performing their job duties. If an employer does not pay a worker the full amount they are due or if the employer does not provide all of the benefits that are stated in their employment contract, the employer has breached the employment contract.
What Should I Do if My Employer Has Not Paid Me?
Under employment laws, as noted above, workers who are paid on an hourly basis must be paid a minimum wage as well as overtime in certain situations. There is more than one option that may be available to a worker whose employer has not paid them properly.
Wage complaint
One of the first things a worker can do when their employer has not paid them is to submit a complaint to the Wage and Hours Division (WHD) of the U.S. Department of Labor for their unpaid wages. Workers should be aware that there may be statutes of limitations, or time limits, for filing these claims.
Federal lawsuit
In some situations, a worker can file a federal lawsuit against their employer. This can be filed for up to two years after the date that the worker’s wages became unpaid or the date of the violation.
If the worker’s employer engages in the violation wilfully, the statute of limitations for filing a lawsuit will be three years. It is important for workers to note that they will not be able to file a lawsuit if they have already received the wages they were owed after filing a complaint with the WHD.
Unions
If the worker who was not paid the proper wages is a union member, they can begin trying to resolve their wage issue by reporting it to their union representative. The union that the worker belongs to may be able to resolve their wage issue.
For more information on resolving a Washington unpaid wages issue, a worker can reach out to a local Washington lawyer.
How Do I File an Unpaid Wages Complaint?
An employer will not be allowed to terminate or otherwise punish a worker who filed an unpaid wages claim. If a worker wants to obtain their unpaid wages, they may need to do the following:
- Notify their employer about the unpaid wages and making a request for payment
- Report a violation of the Fair Labor Standards Act (FLSA) to the Wage and Hour Division (WHD) of the U.S. Department of Labor
- File a complaint with a government agency, for example, the Equal Employment Opportunity Commission (EEOC)
- File a civil lawsuit
If an issue involves a simple mistake or oversight, it can commonly be resolved by submitting a complaint to their employer’s HR department. If the employer’s internal process is not able to fix the issue or if the issue involves the HR department itself, the worker may have to file a lawsuit.
If there are a large number of workers who have been affected by an employer not paying them their earned wages, a class action lawsuit may be filed. An unpaid wage issue may also involve employment discrimination issues against a worker based on their gender, race, or other characteristic.
How Much Can I Sue for Unpaid Wages?
The amount that a worker can sue for unpaid wages will be dependent on the amount of money that their employer owes them. In general, a worker will be able to recover the total amount of their unpaid wages plus interest, costs, and attorney’s fees.
What Are the Legal Consequences and Remedies for Unpaid Wages?
As noted above, employers are legally prohibited from withholding funds that a worker has earned. When an unpaid wages lawsuit is filed against an employer, they may face negative consequences, such as:
- Being required to pay the worker damages to compensate them for their lost wages as well as other costs
- Having to revise company policies or being required to rewrite the policies that caused the wage issue
- Terminating the worker or supervisor responsible for the unpaid wages
- The business itself may suffer negative consequences, for example, suspension of its business license or paying civil fines
In some cases, the damages award that is given will compensate the worker completely for their losses. Remedies that are often awarded in unpaid wages claims include:
- Giving the worker with all of the unpaid wages they are due
- Reviewing the policies of the business
- The worker getting their former employment position back
- Paying punitive damages if the employer’s conduct was willful and outrageous
How Can I Prove an Unpaid Wages Claim?
Unpaid wages claims are proven, in most cases, by documents of the worker’s missing wages. Lawsuits that are filed against employers for unpaid wages will often include a review of relevant documents, records, and witness statements.
The types of documents that are often used as evidence in unpaid wages claims usually include:
- Pay stubs and timesheets
- Tax papers, such as W2s
- Receipts and other relevant documents
Workers should keep records of all of the wages and overtime that they earn, such as by keeping documentation of how many hours they work. Keeping these records is important whether or not there is a dispute with their employer.
What Kind of Lawyer Do I Need for Unpaid Wages Claims?
When you are having issues collecting the wages that you have earned in Washington State, you should consult with a Washington employment attorney as soon as possible. Your lawyer can assist you with resolving any unpaid wage issues you may have.
Having assistance from an attorney will help you better understand the laws in Washington as well as the federal laws that may apply to your situation. With LegalMatch, you can take advantage of a free, fast, and convenient way to help you obtain the wages you are due.
It will only take you around 15 minutes to submit your unpaid wages issue on the website. You will then get messages from pre-screened and licensed attorneys near you who can help you resolve your wage issue.
