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.