Wage Theft in Seattle’s Restaurant Industry: Know Your Rights

Seattle’s thriving restaurant industry provides jobs to many, but wage theft—when employers fail to pay workers what they’re owed—remains a significant issue. Despite Seattle’s strict labor laws, wage theft continues to impact restaurant workers. Here’s what restaurant employees need to know about wage theft and their legal rights.

What Is Wage Theft?

Wage theft occurs when employers don’t pay employees the full wages they’re entitled to. Common forms include:

• Unpaid overtime: Failing to pay time-and-a-half for hours worked beyond 40 in a week.
• Minimum wage violations: As of 2024, Seattle’s minimum wage ranges from $19.97 per hour for large employers (501+ employees) to at least $17.25 per hour for smaller employers (500 or fewer employees) with no medical benefits provided.
• Tip theft: Tips legally belong to employees, and employers cannot take or withhold them except under a legal tip-pooling arrangement.
• Off-the-clock work: Any work done outside scheduled hours must be compensated.

Wage Theft in Seattle Restaurants

Restaurant workers are often vulnerable to wage theft for several reasons:

1. Overtime violations: Restaurant shifts frequently exceed 40 hours per week, but some employers fail to pay the required overtime rate.
2. Unpaid breaks: Washington law entitles workers to a 10-minute paid rest break for every four hours worked and a 30-minute unpaid meal break for shifts longer than five hours. Many restaurant employees are denied these breaks without compensation.
3. Tip theft: Employers or managers cannot take tips unless it’s part of an approved tip pool, yet this violation is common in restaurants.
4. Employee misclassification: Some workers are incorrectly classified as independent contractors or exempt employees, unlawfully denying them overtime pay and other protections.

Seattle’s Labor Laws and Penalties

Seattle’s labor laws protect workers from wage theft and impose strict penalties for violations:

• Seattle Minimum Wage Ordinance: As of 2024, large employers must pay $19.97 per hour. Smaller employers (500 or fewer employees) must pay at least $17.25 per hour if they contribute to medical benefits. Violations of these rates can lead to steep penalties.
• Wage Theft Ordinance: This law requires employers to pay employees all wages and tips owed. Penalties can include up to $5,000 per violation, restitution of unpaid wages, interest, and civil fines for non-compliance.
• Paid Sick and Safe Time Ordinance (PSST): Workers are entitled to paid sick time, and if they’re not compensated for this time, it could constitute wage theft. Employers face further penalties for violating this law.

Steps to Take if You’re a Victim of Wage Theft

If you believe you’ve been subjected to wage theft:

1. Document your hours and wages: Keep detailed records of your work hours, breaks, and pay.
2. File a complaint: Seattle’s Office of Labor Standards (OLS) investigates wage theft claims and can require employers to repay back wages, interest, and fines.
3. Consult an attorney: Wage theft claims can be complicated, especially with tip theft or misclassification. An experienced wage and hour attorney can help you navigate the legal process and recover what’s owed.

Conclusion

Wage theft affects many restaurant workers, but Seattle’s strong labor protections give you the right to pursue justice. If your employer has underpaid you or denied overtime, you can file a complaint with the OLS and seek legal advice to hold them accountable.