Washington Paycheck Laws

Employers are responsible for paying their employees the total amount they are owed on time. If you are having issues with your employer related to your paycheck, you should familiarize yourself with the wage and hour laws in Washington to learn about your rights.

When Must Paychecks Be Sent Out in Washington State?

In Washington, you should be paid at least once a month. Paydays must be regular and established in advance. The law is the same regardless of whether you are an hourly or salaried employee.

Failure to render paychecks at the proper time can result in legal issues or liability for the employer. This is especially true if the delays or failures simultaneously affect large numbers of employees. In such cases, a lawsuit may be necessary.

What Happens to My Paycheck If I am Fired or If I Quit in Washington State?

If you are fired, terminated, or quit, you are entitled to receive your final wages by the next payday. While there is no law in Washington requiring employers to offer paid sick or vacation leave, they may have to pay you for unused paid days if your company does offer them.

Whether your employer is obligated to pay that amount depends completely on their company policy or your employment contract. If you think you should be paid for unused days when you leave your job, you should carefully examine the company policy. It is often included in an employee pamphlet or your employment contract.

Can My Paycheck Be Garnished in Washington State?

Wage garnishment is where the employer sets aside a portion of the employee’s wages to address the employee’s outstanding debt. This can happen in many different situations – it is commonly applied in situations where the employee has outstanding child support that they haven’t paid, but it can also be used in situations as prosaic as credit card debt.

These amounts will then be used to pay off the debt. In most cases, the employer will transfer the monetary amounts directly to the court for processing. In other cases, the employer might transfer the funds to a third-party agency, whose role is to manage the money and transfer it to the court.

Your paycheck can have money taken out of it to pay for your debts, but a court order may be needed before the money can be taken. Under Washington law, an automatic garnishment can be placed on your wages for specific debts, including back child support, defaulted student loans, and taxes.

Also, your wages can be garnished for other personal debts without a court order authorizing garnishment if you are not a Washington resident, if you are about to move out of the state, if you are hiding or difficult to serve, or if you have or are about to take your property out of the state. For all other garnishments, the company to which you owe money has to go to court first and ask that your paycheck be garnished.

Your employer can garnish your wages to compensate for overpayment where they accidentally recorded the wrong wage or number of hours worked, but they must do so within 90 days of the overpayment and provide you with written notice. Additionally, if you are a government employee, the overpayment deduction cannot exceed five percent of your disposable income if the pay period is not your final pay period.

If you damage property at work, your employer cannot deduct that amount from your paycheck regularly. However, your employer can deduct that money from your final paycheck as long as you agree to the deduction, either verbally or in writing, and your employer can show that you caused the damage through dishonesty or willfulness. Note, however, that federal law makes it illegal to deduct so much that you make less than minimum wage.

Can I Recover a Withheld Paycheck in Washington State?

Many paycheck disputes concern the number of hours the employee has worked or the wage rate they are being paid. For instance, an employee’s paycheck might be low or incomplete because of a discrepancy regarding the number of hours they worked during that pay period.

Or, in some cases, the paycheck might be inappropriately low because the wrong wage rate was used in calculating the amount to be paid. Paycheck disputes can also involve issues with overtime pay and overtime wage rates.

Your employer does not have the right to withhold your paycheck, even when you have not yet turned in your key to the office or your uniform. If you dispute your paycheck with your employer, you can file a complaint with the Washington State Department of Labor and Industries. Otherwise, you can sue your employer in court to recover your missing wages.

These types of lawsuits are known as “wage and hour” lawsuits. This is where the court analyzes the evidence to determine what amounts the employee owes. This can include back wages and, in some cases, other damages awards. Some common issues addressed in wage and hour lawsuits include:

• Disputes over the number of hours an employee has worked
• Conflicts regarding the timing of a payment (late or missed payments)
• Disputes over payment of minimum wage amounts
• Disputes over tips and other forms of payments
• Legal issues or violations regarding overtime pay and overtime eligibility
• Issues having to do with an employee’s part-time or full-time status

When involved in a wage and hour claim, you should begin compiling items and documents that might be used as evidence in court. This can include important documents like employment contracts, employee handbooks or work policies, past pay stubs or checks, bank account statements, and other similar items. An attorney can assist you when it comes to the collection of these pieces of evidence.

How Does Washington Handle Employment Discrimination?

Arizona employers cannot discriminate against their employees (or candidates for jobs) based on race, sex, age, religion, national background, pregnancy status, or a legally recognized medical condition or disability. For instance, they cannot deny a person their paycheck or reduce their paycheck based on their race. They also cannot provide other groups of workers with preferential treatment based on those categories.

In cases where discrimination may have been an issue, it is usually necessary to file first with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the matter and prescribe a remedy for the employee. If the EEOC’s actions still do not provide a suitable remedy, it may become necessary to file a private lawsuit to recover damages caused by the discrimination.

They should gather documents or statements that might help their case to do this. This can include pay stubs, emails, text messages, statements from other workers, and other forms of evidence. This can be a complex matter and may require the assistance of a legal professional.

Furthermore, employers cannot retaliate against a worker solely because they have filed a discrimination claim.
If the EEOC cannot provide a suitable remedy, a lawsuit may be the next option.

Does Washington State Require Me to Buy My Own Uniform?

No, the state does not require that you buy your own uniform. You and your employer can agree, either in writing or orally, that the cost of uniforms can be deducted from your last paycheck, but only if you do not return the uniform when you leave the job. The deduction cannot reduce your final paycheck below minimum wage.

Other costs, such as vehicle-related and other expenses, are subject to individual agreement between the employee and their employer. Look to your employment contract or employee handbook to see your company’s policies.

Where Can I Find the Right Employment Lawyer in Washington State?

You can find the right Washington employment lawyer here. Having someone who knows the law fighting on your side can be very important, especially if you are in dispute with a large company. An attorney near you can provide representation, guidance, and legal advice throughout the legal process.