While a company can restrict or demand a certain number of hours from each worker, they do not have a right to negate or otherwise refuse to pay a worker’s overtime hours if that employee is eligible for overtime under the Fair Labor Standards Act (FLSA). The FLSA is a federal law that details the standards in which minimum wage, overtime pay, record keeping, and youth employment standards are upheld in the private and public sectors.
Washington employees are likewise protected under Washington’s Minimum Wage Act (MWA), which is similar to FLSA in what it requires but it applies to employees working in Washington. Seattle employees are further protected by Seattle’s Minimum Wage and Wage Theft Ordinances (“Seattle Wage Ordinances”).
Does an Employer Have to Pay Overtime After 40 Hours?
According to the U.S. Department of Labor’s official site, employees who are covered by the FLSA and MWA and nonexempt must receive overtime pay for any hours worked over the 40-hour a week limit. This is at a rate no less than one and one-half times the regular rate of pay. (Learn more information about overtime under Washington’s MWA.)
Under these laws, employers are generally not required to pay overtime for work on weekends, holidays, or regular days of rest unless overtime is actually worked on those days. If a pay period is over the span of two weeks or more, employers are not permitted to average hours over each week.
Are Wage Laws Being Violated If My Employer Withholds My Overtime Pay?
Under the laws identified above, including FLSA, the MWA, and the Seattle Wage Ordinances, it is illegal to refuse overtime pay to employees who have worked over 40 hours in a workweek, whether that overtime was authorized or not. It is not illegal, though, for an employer to put policies in place that restrict overtime work. It is also not illegal to penalize or terminate an employee who consistently breaks policies.
What Are Your Options If Your Employer Refuses to Provide Your Overtime Pay?
There are several options for seeking lost wages if your employer refuses to pay overtime you’re entitled to. The first is to contact the U.S. Department of Labor’s Wage and Hour Division. Individuals may call or visit their local wage and hour office to file a complaint, or call WHD’s toll-free helpline. You can also call Washington State’s Department of Labor and Industries and/or the Seattle Office of Labor Standards, if applicable.
Another, and likely more effective option, is speaking to a Seattle employment lawyer. An employment lawyer can answer all your questions, ensuring you have a valid lawsuit worth pursuing.
What Are The Penalties for Not Paying Overtime?
An employer’s failure to pay an employee for authorized or unauthorized overtime can result in a number of consequences for the employer. Penalties include the employer paying back wages, liquidated damages, exemplary damages, interest on the unpaid wages, and the employee’s legal fees, including attorneys’ fees. Repeat offenders should expect costlier fines and in some cases criminal penalties. A violation, defined as an employee robbed of their overtime, is typically fined at $1,000 per violation.
What Employees Are Entitled to Overtime?
Unless exempt, a business covered by the FLSA or the MWA must have all hourly employees entitled to overtime pay. There is currently no limit for the amount of hours an employee aged 16 years or older can work in one 40-hour workweek.
When Are Employees Not Entitled to Overtime?
The following is a list of workers not covered by the federal overtime laws and therefore not entitled to overtime pay:
- Independent contractors (though many people may think they are independent contractors when they are actually employees and entitled to overtime)
- Fishing operators and seamen
- Railroad and air carrier employees
- Taxi drivers (Seattle intends to implement protections for certain workers classified as independent contractors, including those who drive passengers in and around Seattle)
- Motion picture theater employees
- Certain employees (news editors) of small newspapers and publications
- Newspaper delivers
- Volunteers for non-profit companies, but not purported “volunteers” for for-profit entities
- Outside salespeople
- Computer specialists (programmers, software engineers, etc.) earning at least $27.63 an hour
- Seasonal amusement and recreational business (ski resorts, local fairs, etc.) employees
- Employees of organized camps or religious or nonprofit educational conference centers that operate for less than seven months per year
- Small farm employees under FLSA, not the MWA
- Switchboard operators
- Criminal investigators
- Some domestic babysitters and companions who work in a casual capacity (but Seattle has broader and strong protections for domestic workers)
Additionally, fire and police departments may establish a longer work period of seven to 28 days in which overtime need only be paid if a specified number of hours are worked.
Hospitals and residential care facilities may adopt an agreement with their employees for a 14-day work period instead of a 7-day workweek. Employees are paid at their regular rate for eight hours, then time and one-half for anything over that in a one-day period.
Employees who lack a high school diploma or an 8th-grade education may be required to attend remedial training for up to 10 hours per week. Employees who engage in training cannot be paid overtime for those 10 hours, but training must receive standard pay and training must not be job specific.
Can Employees Refuse To Work Overtime?
An employer can require workers to work overtime and fire those who refuse. According to the FLSA, there is no limit to the amount of hours an employee over 16 years of age can work. Therefore, working over 40 hours a week may be required for some jobs. If that is a requirement you are not committed to meeting, then your employer may be able to fire you for not meeting expectations.
Federal vs. State Overtime Laws
Washington (and most other states) have overtime laws in addition to the federally-enforced FLSA. In cases where both state and federal overtime laws are enforced, employees are entitled to the standard that will provide the higher overtime pay. This is also true for certain municipalities, like Seattle and SeaTac in Washington.
Statute of Limitations for Wage Claims
The standard statute of limitations for wage theft claims is either two years under FLSA or three years under the MWA and Seattle Wage Ordinances. That means after two or three years following the exact date of the wage violation, you will be unable to file a lawsuit under the applicable law to reclaim your lost overtime wages. If your employer’s violation of the FLSA was found to be willful, that statute of limitations would be extended to three years time.
How to Report Wage and Hour Violations
If you believe you’ve been the victim of wage theft or that your employer is violating your rights in some form or fashion under the FLSA, MWA, and/or Seattle Wage Ordinances, you may have a legal case and should contact an employment lawyer for guidance.
At Rekhi and Wolk, we’re experienced Seattle employment lawyers specializing in wage theft, workplace discrimination and retaliation, and unpaid wages and back pay. Our employment lawyers in Seattle are well-versed and experienced in representing employees against any employer, no matter their size. Don’t fight your employer alone. With Rekhi and Wolk in your corner, the odds are on your side, not your employer.
If you believe you’ve been a victim of wage theft or have not been properly paid for overtime work by your employer, contact Rekhi and Wolk today for a free, no-obligation consultation.