Seattle Back Pay Attorney
Seattle Back Pay Lawyer
• You are entitled to unpaid wages in Seattle and the rest of Washington State, according to the Washington law
• You could also be eligible for twice the amount of your unpaid salary or hourly wages, including overtime and lost meal or rest-breaks
• A Seattle back pay attorney from Rekhi & Wolk will fight to obtain fair compensation as we have for so many others
• The Washington State statute of limitations applies to all Seattle back pay cases, so act quickly
Few things are as frustrating as an employer withholding back pay that you rightfully earned. A Seattle employer that intentionally steals from their employees by withholding back pay deserves to face the consequences as set forth in Washington law. Indeed, this is essentially the same as any other theft.
Both federal and Washington state laws require employers to pay their workers for all wages earned, including earned but unpaid back pay and wages. Employers are also required to pay employees a wage that at least matches the Washington State-mandated minimum wage, and any shortcoming may also be considered unpaid wages.
Many employees are also entitled to overtime and paid breaks, as well as wages earned while “on call.” However, some employers fail to pay their employees for the full amount earned, resulting in back pay and unpaid wages. If an employer knowingly fails to pay all your earned and unpaid wages, they may be liable for twice the amount of the back pay.
Does an employer owe you back pay for any of these reasons? If so, a Seattle back pay lawyer from our office can take steps toward getting you the unpaid wages you’re rightfully owed. Nobody has the right to steal from you, no matter what their justification, and a qualified Seattle back pay attorney can best use the law to make sure you are fairly compensated for your hard work.
Take some time to review this page, which goes into more detail about unpaid wages, and your rights as an employee . If you think you’re entitled to unpaid salary or wages, including overtime and missed breaks, call (206) 388-5887 and speak with a qualified Seattle back pay lawyer that can help you seek justice.
Wages – Explained by a Seattle Back Pay Attorney
Although it may appear straightforward that your employer must pay all your unpaid wages, the laws in this area are extremely complex.
FLSA and Overtime Exemptions
The Fair Labor Standards Act (FLSA), the federal law governing minimum wage and overtime requirements, is riddled with exceptions: for example, many employees do not qualify for overtime based on their weekly compensation and job duties. Currently, under FLSA, if you make more than $455 per week excusive of room and board and qualify as an “executive employee,” an “administrative employee,” or a “professional employee” then your employer need not pay you overtime under FLSA. Generally, these same exceptions apply to Washington State “white collar” employees.
Please note however, that many employees who are paid a “salary” may actually be entitled to overtime and paid breaks. Just because you are paid a salary does not mean you may not be entitled to overtime and other wages.
Seattle back pay lawyer
Definition of “employee” versus “independent contractor”
Likewise, if you are not supervised for how you perform your duties, you may not even be an “employee” but an “independent contractor,” and federal and state minimum wage requirements may not apply at all.
The focal point in determining whether a worker is an employee or an independent contractor is whether the individual is economically dependent on the business to which he renders service or is, as a matter of economic fact, in business for himself.
Courts look to several factors to make this determination:
- The degree of control exercised by the employer over the workers.
- The workers’ opportunity for profit or loss and their investment in the business.
- The degree of skill and independent initiative required to perform the work
- The permanence or duration of the working relationship
- The extent to which the work is an integral part of the employer’s business.
Clearly the degree to which the individual is supervised or controlled is a critical factor.
Qualifying Details and Definitions Involving Back Pay
On the other hand, employees of certain public works projects may be entitled to much more than federal and state minimum wage. Likewise, “volunteers” and “student interns” may actually be employees who must be paid a minimum wage. You also may be entitled to wages when getting dressed at the workplace or if you show up for your shift but are told to go home for lack of work.
What about meal and rest breaks? Comp time?
Unfortunately, these issues are not subject to an easy determination without specific knowledge of your particular facts and circumstances.
Finally, if you have complained that you are not receiving your wages then you may also be protected by whistleblower provisions of the applicable wage and hour statute(s). Your Seattle back pay attorney can also handle cases involving issues of retaliation.
Statute of Limitations
Please be mindful that there are strict time limitations for bringing a claim for wage and hour violations.
Take the Next Step with Help from a Seattle Back Pay Lawyer
Do you feel like you’ve been unfairly treated, and are owed unpaid wages or back pay from a previous employer? Don’t wait until it’s too late to file a complaint – contact a professional back pay attorney from our office, and make sure you have a litigator working hard to ensure you get the money you rightfully earned.