Unpaid wages in Washington: double damages and attorney’s fees
Washington wage law gives employees real tools when an employer shorts their pay. Here is how the main ones work. This is general information, not legal advice.
Overtime
Washington requires 1 1/2 times your regular rate for hours over 40 in a workweek. RCW 49.46.130. Some jobs are exempt. Whether an exemption fits your job takes a close look at the facts.
Agreeing to lower pay does not let your employer off
If an employer pays you less than Washington's minimum wage and overtime law (chapter 49.46 RCW) requires, it owes you the difference, plus costs and the attorney's fees the court allows. An agreement to accept less is no defense. RCW 49.46.090.
Deductions from your pay
An employer generally may not hold back or divert part of your wages unless the law requires it, you agreed to it, or it is for certain medical care. RCW 49.48.010.
Your final paycheck
Whether you were fired or quit, the wages you earned are due at the end of the established pay period. There are limited exceptions, including some union contracts. RCW 49.48.010.
Double damages for willful withholding
Washington punishes employers that hold back pay on purpose.
Twice the unpaid wages. If an employer willfully, and with intent to deprive you of your wages, pays less than it owes under a statute, ordinance, or contract, it can be liable for twice the amount withheld, plus costs and reasonable attorney's fees. RCW 49.52.050 and 49.52.070.
Individuals can be liable too. The law also reaches officers and others who act for the employer and commit the violation, not just the company. RCW 49.52.070.
One exception. The extra amount is not available if you knowingly went along with the underpayment. RCW 49.52.070. Ask us about your facts.
Employers often argue the underpayment was not willful.
Attorney's fees
If you win a judgment for wages owed, the court awards reasonable attorney's fees against the employer, unless you recover no more than the employer admitted it owed. RCW 49.48.030. That rule means a smaller wage claim may still be worth bringing.
Deadlines
Every claim has a filing deadline, and some are short. Your deadline depends on your facts, so call as soon as you can.
What to do now
Write down your hours, your pay rate, and what you were actually paid.
Keep your pay stubs, schedules, and any texts or emails you are allowed to keep.
Do not sign a severance agreement or release until you understand what you are giving up.
Call us for a free consultation.
Talk to a Washington employment lawyer
Freiman Legal represents Washington employees from its Seattle office at 9030 35th Avenue SW, Suite 100, Seattle, WA 98126. Consultations are by phone, by video, or at the Seattle office by appointment. Learn more on our Seattle employment lawyer page.
Call (310) 917-1004 or email jennifer@freimanlegal.com. We aim to reply within one business day. Contacting us does not make you our client. We represent you only after we both sign a written representation agreement, so please do not send confidential information before then.
Attorney advertising. This article is general information, not legal advice. Prior results do not guarantee a similar outcome. Lawrence W. Freiman is licensed in Washington, California, and Nevada.
Fired or shorted on pay in Nevada? What the law says
Losing a job is hard. Losing pay you already earned makes it harder. This guide covers the Nevada rules that come up most when a job ends. It is general information, not legal advice.
Your final paycheck
If you were fired, the wages you earned are due right away. NRS 608.020.
If you quit, your wages are due on your next regular payday or seven days after you quit, whichever comes first. NRS 608.030.
If the employer pays late, your pay keeps running at your regular rate until you are paid, for up to 30 days. For a fired employee, this applies when the pay is not made within 3 days after it was due, and it counts from the day you were fired. NRS 608.040.
You can sue for unpaid final wages. Nevada law gives employees that right. NRS 608.135.
Attorney's fees. If you made a written demand before suing, for no more than you are owed, and you prove the amount owed, the court must award a reasonable attorney's fee. NRS 608.140.
Overtime
Nevada requires 1 1/2 times your regular rate for hours over 40 in a week. NRS 608.018.
If you earn less than 1 1/2 times Nevada's minimum wage, you also earn overtime after 8 hours in a day, unless you agreed to a schedule of four 10-hour days. NRS 608.018.
Many jobs are exempt, including executive, administrative, and professional employees, some commission sales jobs, and some driving jobs. Whether an exemption fits your job takes a close look at the facts.
Meal and rest breaks
A meal period of at least 30 minutes if you work 8 continuous hours.
A paid 10-minute rest period for every 4 hours worked, or major part of 4 hours. Rest periods are not required if you work less than 3 1/2 hours in a day.
These rules do not apply where only one person works at the location, to employees under a union contract, or where the Labor Commissioner granted the employer an exemption. NRS 608.019.
When a firing is illegal
Most Nevada jobs have no set end date. Even so, an employer may not fire you for a reason the law forbids.
Discrimination. Nevada law bars firing or treating someone worse because of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, or national origin. NRS 613.330.
Talking about pay. It also bars punishing an employee for asking about, discussing, or sharing their own wages or a coworker's. A narrow exception covers some employees whose job gives them access to other people's pay. NRS 613.330.
Retaliation. An employer may not punish you for opposing discrimination, or for filing a charge, testifying, or helping in an investigation. NRS 613.340.
These Nevada rules cover employers with 15 or more employees. NRS 613.310. If your employer is smaller, other laws may still apply. Ask us.
How a Nevada discrimination case starts
Most cases start with a complaint to the Nevada Equal Rights Commission or the federal EEOC. The Commission can issue a right-to-sue notice, a letter that lets the employee file in court. NRS 613.420. A court that finds a violation can award the same kinds of relief available under the federal civil rights law, Title VII. NRS 613.432.
Strict filing deadlines apply at every step. Your deadline depends on your facts, so call as soon as you can.
What to do now
Write down the dates: when you were hired, when the job ended, and your last payday.
Keep your pay stubs, schedules, and any texts or emails you are allowed to keep.
Do not sign a severance agreement or release until you understand what you are giving up.
Call us for a free consultation.
Talk to a Nevada employment lawyer
Lawrence Freiman has been licensed in Nevada since 2007 and represents employees across the state. Consultations are by phone or video. Freiman Legal has no office in Nevada. Learn more on our Nevada employment lawyer page.
Call (310) 917-1004 or email jennifer@freimanlegal.com. We aim to reply within one business day. Contacting us does not make you our client. We represent you only after we both sign a written representation agreement, so please do not send confidential information before then.
Attorney advertising. This article is general information, not legal advice. Prior results do not guarantee a similar outcome. Lawrence W. Freiman is licensed in Nevada, California, and Washington.