If you are an employee that is seeking to obtain compensation from an employer such as unpaid overtime, we understand the situation that you are in. It is important when facing an unpaid overtime dispute that you arm yourself with aggressive and truly experienced representation. With almost 40 years of experience in employment law, our firm has helped many clients to successfully overcome unpaid overtime matters and recover the maximum compensation they are due from their employers.
Unlike many other firms that may take on unpaid overtime cases, our firm focuses mainly on employment law. Due to our exclusive focus on employment law, we are able to refine our representation and stay up to date on current changes in state and federal employment laws and regulations, case law and other issues that can be important with regard to claims and litigating a case. The commitment that we have to our clients is manifested in the settlements and verdicts that we obtain for them. If you have an unpaid overtime issue that need resolution, speak with a Washington employment law attorney from our firm at your earliest convenience.
Seattle Minimum Wage Law Video with Attorney Daniel Kalish
Are you Seeking Payment for Unpaid Overtime?
Both federal and state law require employers to pay certain employees overtime wages for working in excess of 40 hours in a given 7-day workweek. The required overtime rate is at least one and one-half the wage that the employee normally works. In most cases, employers may require overtime, so long as they pay the required overtime rate; an exception to this rule exists for registered nurses and licensed practical nurses. Some jobs that do not require an employer to pay overtime rates include:
- Farm or ranch workers
- Seasonal employees
- Newspaper vendors or delivery people
- Casual laborers
- Forest protection and fire prevention workers
- Executive, administrative, professional, or outside sales people who are compensated on a salary basis and whose positions meet certain requirements
One of the most important ways in which Washington state law regarding overtime pay differs from the federal provisions is in the requirements for to be classified as exempt under the executive, administrative, learned professional, creative professional, or computer-related occupation exemptions. Under the federal rules, in order for an employee to be exempt under one of these categories, he or she must be compensated at a rate of at least $455 per week; under Washington state law, that amount is only $250 per week. In all cases of a conflict between state and federal law, employers are required to apply the law most favorable to the employee. There are many factors that may determine which law is more favorable, and it is best to consult with an experienced Washington employment law attorney in order to determine which law applies.
The provisions of the Washington Minimum Wage Act dealing with overtime regulations can be seen here.
Unfortunately, some employers will attempt to avoid paying overtime wages to their employees in with a profit motive. In some cases, the employees are not fully aware of their rights. In other cases, employees are aware that they should be paid overtime wages but fear the stress, possible repercussions, and loss of position that are a concerning if considering pursuing a claim. Withholding overtime payment to employees when it is due is not only wrong, it is against the law. If you have tried to speak with your employer about overtime wages and feel that you have been brushed off or ignored, you should speak with an experienced employment law attorney. In most cases, it is possible to obtain the overtime compensation that is due without litigation.