In Washington State, employers must pay employees all tips, gratuities and service charges added to the customer’s bill, unless the bill says otherwise. Your employer is not allowed to count tips and service charges as part of your minimum wage payment. A valid tip pool cannot include an owner or manager. For more details, see Washington’s Department of Labor and Industries (L&I) Tips and Service Charges page here.  

FAQs: Tips and Service Charges

Are mandatory tip pools (required by the employer) allowed? 

State law does not prohibit a tip pool amongst employees established by an employer. A tip pool established by an employer may not include individuals who are exempt from the definition of “employee” under Washington Statute RCW 49.46.010(3), such as managerial or supervisory workers, executive, administrative, or professional employees. Tip pools must be in addition to, and not a part of, an employee’s hourly minimum wage.

What are the requirements for service charges?

Service charges are a type of automatic charge added to a customer’s bill for services related to food, beverages, entertainment, or porterage. Employers must disclose the percentage of the service charge that is paid to the employee or employees serving the customer. This information must appear in an itemized receipt and in any menu provided to the customer. If nothing is disclosed, or the disclosure is unclear, then the entire service charge must be paid to the employee who provides services to the customer.

How soon after they are received must the employer pay tips, gratuities, and the employee portion of a service charge to their employees? 

Cash tips and gratuities (or the share of tips and gratuities due to the employee from a pool), or the employee portion of a service charge received in cash, may be retained by the employee when they are earned. If received by the employer (for instance, tips paid by credit card), the employer must pay tips, gratuities, and the employee portion of a service charge to the employee no later than wages earned in the same pay period. 

Summary

In most industries, you must be paid 1.5 times your regular rate of pay for all hours that you work over 40 in a seven-day workweek. For example, if you regularly earn $20 per hour and work 45 hours in one week, your pay rate would be $30 per hour for 5 hours of overtime. For more information see Washington’s Department of Labor and Industries (L&I) Overtime & Exemptions page here.  

Health Care Workers Mandatory Overtime Protections

Healthcare workers employed by a state-licensed hospital and involved in direct patient care or clinical services and receive an hourly wage or are covered by a union contract are now protected from mandatory overtime regardless of their job classification. This includes hours that are: 

• Worked beyond the scheduled shift regardless of shift length
• More than 12 hours in a 24 hour period
• More than 80 hours worked in a consecutive 14-day period

There are four exceptions when an employer can mandate overtime, including Unforeseeable Emergent Circumstance, Patient in Progress, Prescheduled on-call time and Reasonable Efforts. Read more here. 

Farm/Agricultural Workers Overtime

Farm workers won a historic victory in 2021 with passage of a law phasing in overtime pay in Washington over the course of three years. Washington is now the first state in the nation to provide all farm workers the right to overtime after a 40-hour workweek. Dairy workers are also eligible. Overtime pay must be at least 1.5 times the employee’s regular hourly rate. 

Minimum Salary and Overtime Threshold for Workers in Executive, Administrative and Professional Roles

Washington State is raising the minimum salary for workers exempted from overtime who primarily perform “executive, administrative, and professional” (EAP) duties each year until 2028. 

For 2025 you must earn more than $1,332.80 a week ($69,305.60 a year) for employers with up to 50 employees, and $1,499.40 a week ($77,968.80 a year) for employers with 51 or more employees to be denied overtime. If you make less than that, you are eligible for overtime after 40 hours of work in a week. These thresholds will increase annually per this salary threshold implementation schedule here.  

Find more information on the Washington State EAP changes here.  

Ensuring Fair Wages for Workers in High-Hazard Facilities

Effective January 1, 2026, workers in the building and construction trades working for contractors at refineries and petrochemical manufacturing facilities must be paid the correct wage for their job classification. This addresses a lack of clarity in the law that resulted in workers in dangerous jobs not being properly compensated.  

FAQs: Overtime

Do all workers qualify for overtime?

Most employees are eligible for overtime pay after 40 hours in a work week including farm and dairy workers. However, certain categories of employees are not legally required to receive overtime in Washington including: certain salaried employees, casual laborers, independent contractors, people employed on foreign and American vessels, seasonal employees at agricultural fairs, and employees excluded from the Minimum Wage Act (workers regulated under Part I of the Interstate Commerce Act, workers that perform forest protection and fire prevention activities,  and workers who live at their workplace). Sometimes, employers use the words “exempt” (not eligible for overtime) and “non-exempt” (overtime eligible) when referring to whether an employee is entitled to overtime.  

Do I Still Get Overtime If I Choose To Take An Extra Shift?

Yes. Even if you volunteer to take an extra shift or trade a shift, your employer still has to pay you overtime for all hours that you work over 40 in a week. Your employer can’t have a policy that says you don’t get paid overtime unless it is approved or scheduled in advance.

Can My Employer Make Me Work Overtime? 

Yes. Most employers can make you work overtime even if you don’t want to, and even on a day that you usually have off. See the exception for some healthcare workers further below.

What About Agreements To Take Time Off Later Instead Of Overtime Pay?

If you work for a public agency, you can request time off at a later time instead of being paid overtime wages in the pay period when you worked the overtime hours. This is sometimes called "comp time" or "exchange time."

• When you take the time off, it must be at the rate of at least 1.5 hours for each overtime hour worked.
• Comp or exchange time must be at your request
• If you do not use your comp time within the year, it must be paid out (cashed out) at the overtime rate.

If I work on a holiday or a weekend, does my employer have to pay me overtime?

Your employer is not required by law to pay you overtime to work on a holiday or weekend, but some employment and union contracts do include that. 

If I am an independent contractor, do overtime laws apply to me?

Overtime laws do not cover true independent contractors, but employers can’t avoid paying overtime by labeling a worker as an “independent contractor” unless they meet all the legal tests. See Chapter 7.2 How Do I Know if I am Employee for more information. 

Prevailing wage is the hourly wage, expected benefits and overtime rates paid to the majority of workers employed on government construction projects in the largest city in each county in Washington State. Prevailing wage laws say that if the federal government or Washington State is funding your construction job, you must be paid the prevailing wage. You can look up the prevailing wage for your county and trade here.  

Summary

In Washington, most workers are entitled to rest breaks and meal periods, free from any work responsibilities.  

Rest Breaks

• Employees must be allowed a paid rest period of at least 10 minutes for every 4 hours worked. 
• Employees cannot be required to work more than 3 hours without a rest break. 
• Breaks must be scheduled as close to the midpoint of a work period as possible. 
• Rest Breaks are required and cannot be waived by the employee. Specific rest break rules exist for certain employees, like healthcare workers. See below for more info. 
• Employees must be provided “reasonable access” to bathrooms and toilet facilities; employers cannot restrict use of bathroom or toilet facilities. 

Meal Periods

• Employees must be allowed a meal period (at least 30 minutes long) when they work more than five hours in a shift. 
• Meal periods are unpaid unless the employee is required to remain on duty, on-call, or the meal period is interrupted. 
• Employees working more than 3 hours beyond their scheduled shift are entitled to additional meal periods. 
  Employees may choose not to take meal breaks if both they and their employer agree. 

Breast-feeding Breaks

• Employees have the right to take reasonable break time to express breast milk for their nursing child (no limit duration or frequency of breaks) for up to one year after the child’s birth. 
• Employers must provide a functional space for expressing breast milk (bathrooms are not permissible locations). 
• Employees are not paid for breast feeding breaks, unless they are doing work at the same time. 

Domestic Workers Rest Rights in Seattle:

Domestic workers in Seattle, both employees and independent contractors – working in private homes as a nanny, house cleaner, home care worker, gardener, cook, and/or household manager, have the following rights to rest breaks:

• A 30-minute uninterrupted meal break if you work for more than five hours in a shift in the same home 
• A 10-minute uninterrupted rest break for every four hours of work in the same home 
• If you can’t take a break, your employer must provide additional pay for the missed break 
• If you are a live-in caregiver, you must receive a day of rest after working more than six days in a row

For more details visit the Seattle Office of Labor Standards on Domestic Workers here.  

New Meal and rest period rules for healthcare facility workers

New health care labor standards requirements went into effect July 1, 2024, which defines rules on meal and rest breaks for many health care facility employees. The law covers most hourly and union employees involved in direct patient care. Employees covered by this law must receive:

• A 30-minute meal break between the second and fifth hour of work, and another for each five hours worked after. Note: On January 1, 2026, hospitals can waive break timing requirements when workers and hospitals voluntarily and mutually agree to do so. 
• A 10-minute paid rest break for every four hours worked. 

* Depending on timing of meal periods. An employee cannot work more than five hours without a meal period. 

• Meal and rest periods must be scheduled and uninterrupted unless there is an unforeseeable emergent circumstance, or a situation that could lead to an adverse effect on a patient. 
• When an employee’s meal or rest break is interrupted, the employee is entitled to the remainder of the break as soon as is reasonably possible. 
• If an employee works through a break and does not receive it, the employee is entitled to both their agreed wage rate for the worked hours and additional wages for the entirety of the missed meal period. Missed rest breaks must include an additional 10 minutes of pay.  
• If missed meal breaks cause the employee to work over 40 hours in a workweek, the additional work time must be paid at the employee’s overtime rate. 
• Employer must record all missed meal or rest periods and keep these records on file. 

For more details, visit the L&I website on Health Care Labor Standards here.  

Summary

You must be paid at least once a month on a regularly scheduled payday. When you leave your job, your employer must pay you for all unpaid wages no later than the end of the next regular pay period. Each time you are paid, you must receive a written statement from your employer (usually a paycheck stub) that includes information about the pay period, hours of work, rate of pay and any deductions. 

Washington requires employers to keep payroll records for at least three years, and employees have the right to request copies of these records. For more info on payroll records and pay stubs, see the L&I Payroll and Personnel Records webpage: https://lni.wa.gov/workers-rights/workplace-policies/payroll-and-personnel-records

Deductions from your pay are only legal if they are required or permitted by federal or state law or if you agree to them in advance. All deductions from your paycheck must be listed and explained on your paycheck stub. These deductions can include things like taxes, Social Security and Medicare, insurance, garnishments and union dues.

Your employer cannot deduct:

• Payments for loans, housing, transportation, tools or food without your permission.
• Payments, even with your permission, if they reduce your wages to below the minimum wage, or if the company makes a profit from selling you these things.
• Money for unemployment compensation. 
• Money to pay for equipment that you accidentally lost or broke.
• Money to cover a cash register shortage – except during your final pay period and only if your employer can prove that you participated in counting the register before and after your shift and you were the only person using it. 

TIP: You should keep your own records of the hours you have worked and what you believe you should be paid. This can help you if you ever need to file a wage theft claim.

Benefits

Common benefits include health insurance, pension, 401K and other retirement plans, vacation leave, paid sick leave, paid maternity leave, childcare, club memberships and bonuses. An employer offers these in addition to wages or salary. They are usually optional unless your employment contract requires them or a city ordinance requires them. 

New! Seattle Transit Benefit - Beginning January 2020, Seattle businesses with more than 20 employees must offer all employees a pre-tax payroll deduction for transit or van-pool expenses. The ordinance encourages commuters to use transit to reduce traffic and carbon emissions. Because the deduction is pre-tax, the law has the added benefit of lowering the tax bills for both workers and businesses. Employers offering full or partially-paid transit passes are exempt from this requirement. For more info, see Seattle OLS’s Commuter Benefits webpage: https://www.seattle.gov/laborstandards/ordinances/commuter-benefits

 FAQs: Pay Deductions

What About Uniforms and Personal Protection Equipment and Clothing? What Does My Employer Have To Pay For?

Clothing that has an uncommon color, function, style or has a logo – i.e. is unusual in some way (like a cowboy hat, for instance), is usually considered a uniform and your employer has to pay for them. Your employer may not take money from your wages or require a deposit from you for your uniform. Some required clothing is not considered a uniform and you might have to pay for it. For instance, it is not considered a uniform if you are required to wear common colors for tops and bottoms, like a white top and black pants. For more information see this L&I website: www.lni.wa.gov/WorkplaceRights/LeaveBenefits/Uniforms For jobs where you could be injured, your employer is generally required to provide, free of cost to you, safety equipment such as protective gloves, helmets, goggles, and other clothing to protect you from injury or sickness on the job.

Agricultural work includes growing, producing and harvesting farm, nursery, or forest products as well as working with livestock, bees, sheep, goats, poultry or wildlife. It could be migrant or seasonal work, or it may be year-round. 

Minimum Wage and Agricultural Workers

If you are an agricultural worker, your employer may pay you on a piece rate basis or salary basis, but that rate must equal the minimum hourly wage of $16.66 in Washington State in 2025.  

There are a few limited exceptions when agricultural workers do not have to be paid the minimum wage. For information on these exceptions and other agricultural workers rights see this webpage. 

Breaks

Agricultural workers have the right to the same breaks as non-agricultural workers:

• One 10-minute paid rest break for every four hours worked. 
• One paid or unpaid 30-minute meal break if working more than five hours in a day.  
• One additional 30-minute meal break if working 11 or more hours in a day. 

See Chapter 1.5 above for more information on breaks and meal periods. 

Agricultural Work Recruiting Rights (Migrant & Seasonal Workers)

If you are recruited (hired) to do seasonal agricultural work away from home, you have rights guaranteed by the federal Migrant and Seasonal Agricultural Worker Protection Act. As soon as you agree to work for your employer, they must give you written information in your native language about your workplace, wage, crop, duration of job, housing, transportation, benefits, and whether there is a strike or work stoppage at the location of your work.  

Agricultural Workers under Age 18

To protect agricultural workers under age 18, there are special rules about work hours and what tasks you can perform. Please see Chapter 1.7 for more information. 

Legal Resources

If you are a low-income agricultural worker and need legal help, contact Columbia Legal Services. The Northwest Justice Project also offers advocacy and legal representation to farmworkers and their families. More info is available on their website here. 

Summary

If you’ve been fired, was it for a legal reason? Most non-union private sector workers are employed “at-will,” meaning that the employer can fire you for almost any, or no reason at all as long as it isn’t for a limited set of illegal reasons. However, most public sector (government agency) employees and most union workers cannot be fired unless their employer has followed certain procedures and/or can show they have a good reason to fire you. 

Whether you are employed “at-will” or not, you cannot be fired for discriminatory reasons, retaliation for whistleblowing or filing a formal claim defending your workplace rights, or for concerted activity (the right to act with co-workers to address work-related issues). 

There are some important exceptions to these rules. Organizing and forming a union are not protected rights for all farm workers, domestic workers, independent contractors, supervisors (if they have the power to hire and fire employees), and confidential workers. Learn more in Chapter 5: Your Right to Organize. 

Did My Boss Have The Right To Fire Me?

In general, it is illegal to fire you:

• For organizing with other workers to try to improve working conditions, in person or online.
• For joining or forming a union with your co-workers, or for union membership or support.
• For filing a health, safety or other official complaint or advocating for other workplace rights.
• In Washington State because of your age, ancestry, citizenship status (if you are legally allowed to work in the United States), color, creed, disability, gender identity, genetic information, military status, national origin, political ideology, race, religion, sex, pregnancy, or sexual orientation.
• For refusing to give your employer your username and/or password to social media sites.

If you think your employer discriminated when firing you, you should file a complaint as soon as possible. Please see Chapter 3: Your Right to Be Free of Discrimination for information on filing a complaint. If you are in a union, check with your steward or representative about the discipline and dismissal process. If you work in the public sector, check with an attorney or your employer’s human resources department about dismissal rules. 

FAQ's: Firing

When should I receive my final paycheck?

Your employer must pay you for all unpaid work hours in your last paycheck on your next regularly scheduled payday. Your employer cannot withhold your paycheck, for example, until you turn in your keys or uniform. If your employer does not pay you for any hours that you have worked, they are breaking the law.

Learn More: Firing and Terminations

More on Good Cause

If you quit because your working conditions were beyond what any reasonable person would tolerate, it may be considered a good cause. Before you quit, it’s a good idea to talk to an attorney, your union representative, or the Employment Security Department (ESD) about whether your reason for quitting might qualify as good cause. 

If you were fired through no fault of your own, such as not having the skills to do the job, you may be eligible for unemployment benefits. If you were fired or suspended for misconduct or gross misconduct, you will not qualify for unemployment benefits. See Chapter 1.9 below on Unemployment. 

Non-Compete Clauses in Employment Agreements

"Non-compete” agreements prohibit workers from joining or starting competing businesses, usually within set time periods or regions. A non-compete clause or non-compete agreement is only enforceable in Washington where the employee is earning more than $123,394.17 per year ($308,485.43 for independent contractors). The minimum salary thresholds are also tied to inflation with new levels calculated each year. These amounts are as of January 1, 2025. 

Any worker with a current non-compete agreement earning less than the above limit is not bound and the agreement is not enforceable. Employers must also disclose the terms of the non-compete in writing prior to or at the same time the employee accepts an offer. 

Employees who make less than $33.32 an hour (twice the state minimum wage for most workers in 2025) have the right to supplement their income by having a 2nd job, starting their own business or working as an independent contractor. There are some exceptions to this for reasons of safety and reasonable scheduling expectations by employers. 

Performers (musicians and entertainers) are protected from non-compete agreements longer than three calendar days. This applies to bookings made by a performance space and those made by a third party. 

Learn more about Washington's non-competition agreement law here.  

Unemployment Insurance (UI) is a program managed by WA State that gives payments to qualified people who lose their jobs through no fault of their own. These payments should help you pay your bills until you find a new job. To receive UI payments, you must file a weekly claim. For detailed information on Unemployment Insurance, read on and visit the Washington State Employment Security Department’s homepage.  

Unemployment for Striking Workers

Washington recently became the third state in the nation (following New York and New Jersey) to offer unemployment benefits to workers on strike or locked out by their employers. Beginning January 1, 2026, eligible workers will be able to access unemployment benefits under the following conditions: 

• Striking Workers: employees who voluntarily stop working as part of a labor dispute. Eligible striking workers can receive up to six weeks of unemployment benefits. 
• Locked-Out Workers: employees who are barred from working by their employer during a labor dispute. Eligible locked out workers can receive up to 26 weeks of unemployment benefits. 

For striking workers, benefits become available on the second Sunday after the strike begins or the date the strike is terminated, whichever is earlier. The standard one-week waiting period applies after the disqualification period ends. 

FAQ's Unemployment

Do I qualify for Unemployment Insurance (UI)?

Generally, you qualify for unemployment benefits if:

• You lose your job through no fault of your own.
• You worked at least 680 hours (about 1/3 of a year, full time) the previous year.
• You have documentation that allows you to work legally in the USA.
• You were laid off or your hours were reduced due to lack of work.
• You are physically and mentally able to work.
• You are available for and actively seeking a new job.

Special circumstances may also qualify a person for unemployment insurance benefits. These include: domestic violence or stalking victims who voluntarily quit to protect themselves or their families; some situations where people voluntarily quit because their spouses are transferred; and union workers who are not working because of a lockout during contract negotiations.

What if I quit my job?

You still may be able to receive unemployment insurance if you had a legally recognized "good cause" reason to quit under extremely difficult circumstances. There is also a list of “good-cause” reasons on the ESD website here.  

Who Does Not Qualify for Unemployment Benefits?

People working in these situations are probably not eligible for benefits:

• Independent contractors (See Learn More section below for details)
• Independent salespeople who work on commission away from their employer’s office location.
• School employees in between terms.
• Union members on strike, or union members honoring another union’s strike.
• Elected government officials.
• Church employees.
• Amateur sports officials, like umpires and referees.
• Work-study students.
• Licensed real-estate agents, brokers and investment company agents.
• Travel agents paid on commission.

Learn More: Unemployment

Good Cause

If you quit because your working conditions were beyond what any reasonable person would tolerate, it may be considered a good cause. Before you quit, it’s a good idea to talk to an attorney, your union representative, or the ESD about whether your reason for quitting might qualify as good cause. If you were fired through no fault of your own, such as not having the skills to do the job, you may be eligible for unemployment benefits. If we decide you were fired or suspended for misconduct or gross misconduct, you will not qualify for unemployment benefits. See ESD rules here.

Independent Contractors

While independent contractors do not quality for unemployment (you may be able to opt-in), employers can’t avoid paying unemployment by labeling a worker as an “independent contractor” unless they meet ESD’s tests of a true independent contractor. See this ESD website for more information.  

Applying For Unemployment Insurance Benefits

You should apply for UI as soon as you are laid off or your hours are reduced. Visit this website to find contact info for the Unemployment Claims Center, or apply online using eServices, by phone, by fax or by mail. Instructions are available in many different languages.  If you do not have access to a computer or telephone, you can use the telephones and computers available at WorkSource Offices. 

For every week that you claim benefits, you must apply for at least three jobs and keep a record of it. See this ESD webpage for more information on job search requirements.  

How Much Money Will I Receive?

The amount you are eligible to receive does not depend on financial need. It depends on your previous earnings. You can get an estimate of your benefits online here.  

There is also an online calculator tool that you can use to calculate your possible benefits. Unemployment benefits are considered taxable income. You may choose to have 10 percent of your weekly benefits deducted for income taxes purposes. 

Disagreements and Problems

If you and your employer disagree over whether you qualify for unemployment insurance, the ESD will ask for information from both of you about what happened when your job ended and decide whether you qualify. The eligibility rules are complicated, and you should contact Unemployment about your situation. 

If you disagree with any ESD decision on your unemployment benefits, you have the right to appeal based on fairness. You can appeal by writing a letter to the ESD telling them you would like to appeal. You can expect that an appeal will take months to be decided. Make sure you continue to file weekly claims during your appeal! If you win your appeal, you will only be paid for the weeks that you filed a claim.

SharedWork Program

Washington's SharedWork program allows a business to avoid layoffs by reducing an employee’s hours and the employee can qualify for partial wage replacement through the state unemployment system for those reduced hours. This helps employers retain trained workers, reduce payroll, and enables employees to keep their jobs and benefits with minimal loss of income until the economy recovers. SharedWork can also help workers who need reduced work hours to care for children temporarily at home. For more info, visit the SharedWork website.

Other Resources

You can contact an attorney for help or the Unemployment Law Project if you are a low-income Washington State resident and your claim is denied. 

Dislocated Workers and Retraining 

If you lose your job, there are programs that can help you learn new skills to enter a different field. These programs may include paid or unpaid training for a new job, financial help with relocation to an area where there are more jobs, and assistance in your job search. ESD lists services for laid-off workers here.  

WorkSource

Depending on the type of job you had or where you live, resources for people who are searching for a new job will be different. After you apply for unemployment benefits, you can find out more about available programs at WorkSource. WorkSource has offices all around the state and can assist with your job search and help you understand and apply for retraining programs. 

For information on WorkSource services and office locations, visit the WorkSource website. 

Farm Worker Job Training

The Opportunities Industrialization Center (OIC) offers services to help eligible farm workers in Moses Lake, Mount Vernon, Pasco, Sunnyside, Wenatchee and Yakima develop skills, or train for permanent year-round employment outside agriculture. This program also provides educational services for preschool-aged children. For more information visit the OIC website to find office locations and contact information. 

Washington State Labor Council Direct Worker Assistance

The Washington State Labor Council offers services to dislocated and unemployed workers under the federal Workforce Investment Act (WIA). They offer help during plant closures to make sure that workers have access to job re-training and re-employment programs. They also help with applying for unemployment and other benefits for working families. Visit the WSLC’s Direct Worker Service website. 

Seattle’s Secure Scheduling Law was written to encourage predictable schedules at work. Some aspects of the law require extra pay for workers who are asked to work more or fewer hours than they were scheduled for, or to work a “clopening” without sufficient rest between shifts. 

The law applies to: 

• Retail and food service establishments with 500+ employees worldwide
• Full-service restaurants with 500+ employees and 40+ full-service restaurant locations worldwide 

If you work for a qualifying business, your employer MUST: 

• Post your schedule 14 days in advance 
• Provide extra pay for changes made to the posted schedule (except for shift swaps you request) 
• Let you decline closing and opening shifts that are less than 10 hours apart, and if you choose to work it, they must pay you time-and-a-half for any hours worked that are separated by less than 10 hours. 
• Offer extra hours to current employees before hiring new employees 
• Provide you with an estimated number of hours you can expect to work over the coming year 
• Grant scheduling requests made before the work schedule is posted if it is for reasons related to a major life event (employee’s transportation, housing, other job(s), education, caregiving, and self-care for serious health condition), unless it would cause the employer significant cost or disruption (as defined in the ordinance). 

To learn more about your right to Secure Scheduling in Seattle, go to this Office of Labor Standards website.  

Starting January 1^st in Tukwila and July 1^st in Renton, employers with more than 15 employees or over $2 million in gross sales in either city must offer additional hours to qualified part-time employees before hiring new employees including the use of subcontractors or a temp agency. Part-time is defined as anyone working less than 35 hours a week.

The additional hours do not need to be in the employee’s same job classification; the employee just needs to be qualified to do the work based on their skills and experience. Employers must establish a fair process for determining whether employees are “qualified” including documenting how they made their decisions.

Employers also don’t have to offer additional hours if the extra hours would put the employee in overtime (over 40 hours in a week) or cause the employee to receive a shift differential or other premium pay under a union contract or employer policy.

For more information see the city of Renton and Tukwila’s websites.

Summary 

When your employer does not pay you the correct amount that is called wage theft. Wage theft is illegal.  Wage theft includes: 

• Not paying you for all the hours you work 
• Not paying you your last paycheck after you leave a job 
• Not paying you overtime 
• Not allowing you to take your paid rest break or not paying you extra for missed breaks 
• Forcing you to work “off the clock” 
• Not paying minimum wage 
• Not paying you the amount you agreed upon 
• Stealing your tips or your portion of a service charge 
• Illegally deducting business expenses from your paycheck 

If you think it’s possible that you have not been getting paid what you earned, here are some options:

1. Contact your Union Representative, the WA State Department of Labor and Industries (L&I), or your local Wage & Hour Enforcement Agency;
2. Talk with a Community Group;
3. Take Your Employer to Court for Unpaid Wages;
4. File a Lien (a legal claim) against any property owned by your employer.

For more details on next steps, see Learn More section below.

FAQs: Wage Theft

How do I prove my employer is stealing from me?

It is important that you keep records about your employer and your work (schedule, tips earned, overtime, etc.). Your records are evidence in a claim for unpaid wages. If your employer doesn’t keep a record of your work, a judge or government investigator will rely on the records you keep as evidence.

Am I an employee?

Laws affecting your Right to be Paid depend on your employment status, and whether you are labeled as an “employee.” See Chapter 7: Am I an Employee?

Learn More: Wage Theft

Who Can Help?

1. Contact Your Union. If you are a member of a labor union at work, your first step should be to contact your Union Representative to file a grievance for the legal/contract violation.
2. Go through the Labor and Industries Wage Complaint Process. The Washington State Wage Payment Act gives Labor and Industries (L&I) the power to help you get paid what you are owed. You can file a “Workplace Rights Complaint” with L&I, and they will investigate. If they decide that your employer owes you money, they can make them pay you. The L&I process is free and most complaints are investigated in 60 days or fewer. For more information and to file a complaint, see this website. Phone contact information and interpreter services are available. Employees are protected from retaliation for exercising their rights under the Minimum Wage Requirements and Labor Standards Act. This includes filing a complaint for wages owed or exercising protected rights.
3. Take Your Employer to Court for Unpaid Wages. You can go to small claims court yourself or hire a lawyer to help you collect the money you are owed. A court can award you your unpaid wages, and the court may also order your employer to pay your lawyer’s fees. In court, you also may be able to win double the amount of wages owed if your employer failed to pay you on purpose. Information on going to small claims court can be found from the Attorney General’s Office website here.
4. If you work in Seattle, SeaTac or Tukwila file a City Complaint. If you work in Seattle and believe that your wages are not correct or missing, you can visit the Office of Labor Standards website or office to get more information on your rights and to file an anonymous claim. The Cities of SeaTac and Tukwila enforce their local minimum wage laws.
5. Talk with a Community Group. Some community groups help workers get unpaid wages through direct action. Examples are Casa Latina, Fair Work Center, or Seattle Solidarity Network. If you work in Seattle, you can also seek help through community-based organizations that partner with Seattle’s Community Education and Outreach program.
6. File a Lien against Property Owned by Your Employer. As a last resort, Washington workers also have the option of filing a lien against their employer. A lien is a legal process that puts a “hold” on property (including crops) until your employer pays you. If you want to file a lien, you should contact a lawyer right away. For information on how to find a lawyer see Chapter 8.2: Legal Resources. In 2021, Washington passed a new law allowing employees to file claims against property owned by employers for unpaid wages.