Non-exempt employees must typically be paid minimum wages consistent with federal and state law, and also overtime pay in the amount of one-and-a-half times the normal hourly rate for any hours worked in excess of 40 in a work week. Non-exempt employees who are not paid minimum wages or overtime pay may have a claim against their employer. Through class and collective actions, we can successfully recover minimum wage and overtime pay for workers.
Rest and Meal Breaks
Washington law protects the health and safety of its workforce by requiring employers to provide non-exempt employees with two 10-minute rest periods per four-hour shift and one 30-minute meal period per every five hours worked. A class action is often the most effective way to vindicate the rights of employees who have not been allowed adequate breaks.
Lawsuits and class actions over paid vacation benefits are increasing across the United States. These disputes often arise when employers fail to honor vacation pay policies they have implemented depriving employees of promised compensation in violation of wage and hour laws.
The protections of wage and hour statutes apply to all employees except those specifically excluded by the legislature or congress. A bona fide independent contractor does not fall under the protections of the wage and hour laws because the contractor is not “employed” by an employer. However, an employer cannot avoid complying with wage and hour laws by merely referring to someone as an “independent contractor.” An employer also cannot avoid wage and hour compliance by classifying an employee as “exempt” from wage and hour laws when the employee’s job duties indicate the person is non-exempt.
If you have been the victim of wage theft, contact Spokane employment lawyer Mack Mayo to discuss your rights and whether we can help. We are available at (509) 381-5091. Or you may contact us here.