Filing Unpaid Wage Claims in Washington State

When you’re dealing with unpaid wages at your job in Washington, filing a claim is probably the last thing you want to think about. Most people just want to be paid fairly and move on. But the truth is, taking action is often the only way to make things right. That leads to an important question: what can I actually do if my employer hasn’t paid me what I’m owed? That’s where Nolan Lim Law Firm PS can help. Our team works with Washington employees every day who are facing wage and hour issues, and we’re here to explain your options, protect your rights, and fight for the pay you’ve earned. If you have questions, we offer free consultations so you can understand your next steps without pressure. How Can Nolan Lim Law Firm PS Help With an Unpaid Wage Claim in Washington? When your paycheck doesn’t reflect the time and effort you’ve put in, it’s frustrating—and often overwhelming. After all, your wages are what support you and your family. The good news is that Washington law gives workers strong protections, and Nolan Lim Law Firm PS knows how to use those laws to your advantage. Depending on your situation, there are a few paths forward, and we can help you decide which makes the most sense. Administrative Wage Claims In many cases, the first step is filing a wage complaint with a government agency. Washington State Department of Labor & Industries (L&I): L&I handles unpaid wage claims statewide and can investigate whether your employer violated wage and hour laws. If they find a violation, they can order back pay and, in some cases, assess penalties against the employer. https://www.lni.wa.gov/workers-rights/workplace-complaints/worker-rights-complaints Seattle Office of Labor Standards (OLS): If you work within Seattle city limits, you may also be able to file a claim with the Seattle Office of Labor Standards. OLS enforces Seattle-specific labor laws, including minimum wage, paid sick and safe time, secure scheduling, and wage theft protections—many of which are stronger than state law. https://www.seattle.gov/laborstandards Nolan Lim Law Firm PS can: Review your pay records and work history before you file Help determine whether L&I, OLS, or another agency is the right place to start Make sure your complaint clearly reflects the full scope of what you’re owed Step in if the process stalls or your employer challenges the claim Filing a Lawsuit If an administrative claim doesn’t fully resolve the problem—or if a significant amount of wages is at stake—you may need to pursue a civil lawsuit. While lawsuits can take longer, they often allow workers to recover more than an agency claim alone. With the help of Nolan Lim Law Firm PS, you may be able to seek: Unpaid wages and overtime Back pay for missed earnings Liquidated damages (often doubling what you’re owed) Attorney’s fees and court costs If multiple employees are facing the same pay issues, you may also be able to bring a class action or group claim. These cases can hold employers accountable for widespread wage violations and strengthen each worker’s position. Why Do Workers File Unpaid Wage Claims? Unpaid wages don’t always happen all at once. In many cases, they show up gradually—and in ways that aren’t easy to spot right away. Nolan Lim Law Firm PS regularly helps workers dealing with: Unpaid overtime Working more than 40 hours a week without time-and-a-half pay, including off-the-clock work or altered time records. Misclassification Being labeled as “exempt,” a “manager,” or an “independent contractor” when your actual job duties don’t meet the legal requirements. Late or missing paychecks Washington law requires timely payment of wages. Repeated delays or excuses can signal wage theft. Unpaid breaks or meal periods If legally required breaks are skipped, shortened, or interrupted, you may be owed additional pay. Improper deductions for uniforms or equipment Employers generally can’t force workers to cover business costs by deducting pay for required gear or tools. At the end of the day, unpaid wage claims aren’t just about money—they’re about fairness and respect. You showed up, did the work, and earned your pay. Should I Talk to a Lawyer About Unpaid Wages in Washington? If you work in Washington—whether in Seattle or elsewhere in the state—you’ve earned every dollar on your paycheck. Some payroll mistakes get fixed quickly. But when an employer ignores your concerns, refuses to pay, or keeps changing their explanation, it’s time to get legal help. Here’s what Nolan Lim Law Firm PS can do for you: Review your pay records and scheduling practices Explain how Washington and Seattle wage laws apply to your situation Communicate directly with your employer or their legal team Fight for a fair outcome through negotiation, agency action, or litigation You don’t have to accept unpaid wages as “part of the job.” Nolan Lim Law Firm PS is here to help you understand your rights and take action with confidence. Contact us today for a free consultation and let us walk you through your options.

Washington Equal Pay and Opportunities Act

In Washington State, the law requiring employers to disclose wage and salary ranges in job postings is found in RCW 49.58.110. This statute is part of the state’s Equal Pay and Opportunities Act (EPOA). Under this law, employers with 15 or more employees must provide a salary range or wage scale, along with a description of benefits, in any job posting that seeks to fill a position. The law’s goal is to promote pay transparency and help reduce wage disparities, particularly for historically marginalized groups. Noncompliance with the wage disclosure requirements can result in civil penalties, making it essential for Washington employers to ensure that their job advertisements comply with these rules. Private Attorneys can bring civil actions based on violations of RCW 49.58.110. Please call Nolan Lim Law Firm, PS if you have any questions about this law and your rights under it.

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: Wage Theft in Seattle Restaurants Restaurant workers are often vulnerable to wage theft for several reasons: Seattle’s Labor Laws and Penalties Seattle’s labor laws protect workers from wage theft and impose strict penalties for violations: Steps to Take if You’re a Victim of Wage Theft If you believe you’ve been subjected to wage theft: 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.

LAYOFFS AND PREGNANCY DISCRIMINATION

Pregnancy discrimination is a serious issue that affects many women in the workforce. Despite laws such as the Pregnancy Discrimination Act, which prohibits discrimination against pregnant women in the workplace, many women still face discrimination and mistreatment during their pregnancies. One form of discrimination that pregnant women may face is layoffs.Layoffs are a common occurrence in today’s workforce, and pregnant women are not immune to them. However, when a pregnant woman is laid off, it can be difficult to determine whether the layoff was due to her pregnancy or due to other factors such as company downsizing.If a pregnant woman is laid off and believes that her pregnancy was the reason for the layoff, she may have a case for pregnancy discrimination. It is important for pregnant women to be aware of their rights and to speak up if they believe they have been discriminated against.Courts will examine evidence to determine if a layoff was motivated by pregnancy. This can include circumstantial evidence such as a termination coinciding with maternity leave, managers inquiring about leave duration before a layoff, transferring job duties prior to leave, exclusion from trainings, and discussions about pregnancy during layoff decisions. See Moua v. IBM, 2019 U.S. Dist. LEXIS 48318.If any of these facts present themselves for you or a coworker, they are worth discussing with potential legal counsel.

Are you in a Hostile Work Environment? Examples from Real Cases

Every situation is different and you should immediately consult an attorney if you believe that you are experiencing harassment in the workplace. This Blog post takes a quick look at what might constitute as a Hostile Work Environment. What is a Hostile Work Environment? To qualify as a “hostile” workplace, conduct at the workplace must be intentional, severe, recurring and/or pervasive and interfere with the employee’s ability to perform his/her job. Conduct and speech typically considered “hostile” is intimidating, offensive, abusive and/or otherwise offensive, going beyond rudeness or casual joking. Federal and state anti-discrimination laws prohibit harassing or discriminatory conduct when it is based on a legally protected characteristic such as sex, race, age, etc. 5 Examples from REAL CASES: Race: Plaintiff must prove harassment was unwelcome; because of race; affected the terms or conditions of employment; and conduct is imputable to the employer. – Case Law Example (1): Co-workers referred to Plaintiff’s hair as “brillo head.” This *could be considered highly offensive if pervasive thereby altering the conditions of plaintiff’s employment. Washington v. Boeing Co., 105 Wn. App. 1, 19 P.3d 1041 (2000). Sexual/Gender Harassment: Regarding sexual harassment, courts have found for plaintiff in situations of an abuse of power and pernicious gender discrimination among others. – Case Law Example (2): Hostile work environment harassment exists where co-workers or supervisors direct conduct or behavior toward employee because of her sex that creates an intimidating, hostile, or offensive working environment. Glasgow, 103 Wn.2d at 405; see also: DeWater v. State, 130 Wn.2d 128, 134-35, 921 P.2d 1059 (1996). – Case Law Example (3): The harassment is imputed to the employer. Where an owner, manager, partner or corporate officer personally participates in the harassment, this element is met by such proof. To hold an employer responsible for the discriminatory work environment created by a plaintiff’s supervisor(s) or co-worker(s), the employee must show that the employer (a) authorized, knew, or should have known of the harassment and (b) failed to take reasonably prompt and adequate corrective action. This may be shown by proving (a) that complaints were made to the employer through higher managerial or supervisory personnel or by proving such a pervasiveness of sexual harassment at the work place as to create an inference of the employer’s knowledge or constructive knowledge of it and (b) that the employer’s remedial action was not of such nature as to have been reasonably calculated to end the harassment. Glasgow v. Georgia-Pac. Corp., 103 Wash. 2d 401, 407, 693 P.2d 708, 712 (1985). Sexual Orientation: Washington Supreme Court recognized a claim of unlawful harassment arising from anti-gay comments. – Case Law Example (4): Supervisor asked the employee not to “flaunt” her sexual orientation around him. He told others he disliked her because she was gay… that he had tried to fire her. Loeffelholz v. University of Washington, 175 Wn.2d 264, 285 P.3d 854 (2012). Ethnic Discrimination: Ethnicity refers to an individual’s cultural heritage and includes one’s language, social customs, traditions, nationality, ancestry and sometimes his or her religion and related practices. – Case Law Example (5): Defendant agreed to settle lawsuit alleging discrimination and harassment based on national origin. According to the lawsuit, an Asian Indian employee was subjected to ethnic taunts, such as being called “dot-head” and “Osama Bin Laden,” etc. he was physically attacked by a coworker. EEOC v. MBNA-America (2007). Final Note: In many United States jurisdictions, a hostile work environment is not an independent legal claim. For instance, an employee cannot file a lawsuit on the basis of a hostile work environment alone. Instead, an employee will have to prove that she or he has been treated in a hostile manner because of her or his protected class, such as gender, age, race, national origin, disability status, and similar protected traits. Disclaimer: The materials available in this blog post and on https://nolanlimlaw.com/ are for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem.

Severance Agreement Checklist

I get several calls from employees that are unfortunately getting let go or terminated from their company. Every client I go through this type of analysis to help them decide whether accepting or not accepting a severance is the way to go: Waiver of Legal Claims – A company doesn’t give severance out of the goodness of their hearts. They are buying the assurances that you will not sue them for any number of potential legal claims stemming from your termination. Those legal claims include but are not limited discrimination, harassment, unpaid wages, retaliation for opposing illegal activities, and claims for unpaid bonuses. When you get a severance agreement you should do some online research or talk to an attorney to help figure out whether you have potential legal claims that might be worth more than the severance. Also, an employee should make sure that the money they are accepting would actually disqualify them from getting additional money they were supposed to get through bonus programs with the company. Enforcement of Non-Compete Claims – Many severance agreements include provisions that could cripple an employees ability to seek other work. An employee needs to examine non-compete provisions in a severance carefully to make sure they are not going to affect their future job prospects too much. Willingness to Litigate  – I rarely will take on a client who wants to challenge their severance agreement without being willing to litigate the case if the company is unwilling to settle. A client gains leverage to negotiate a higher severance when he or she has good legal claims and is not afraid to assert them if necessary. A client who just wants an attorney to write a threatening letter is not going to get the best value from the attorney. Likewise, an attorney is also not doing a client favors by agreeing to write a letter when he or she doesn’t believe in the legal claims. Thus, I suggest that any employee be prepared to litigate their claims if they truly want to challenge their severance payments. Moving On  –  This is a conversation I have with all my clients. At a certain point, there is a benefit to just signing the agreement and moving on. Typically, I advise clients to move on and sign if they already have another job lined up, they don’t have many strong legal claims, and they don’t have the willingness to litigate if they don’t get what they want from the company. To summarize, before signing any severance agreements make sure to think about the points I go over above. If you have any doubt about your legal claims its always advisable to seek counsel. The money you spend an attorney like myself or others who do similar work can at the very least help you make an informed decision about whether to sign that severance agreement.

Three Questions to Ask Yourself Before You Sue Your Employer?

I’ve been an employment attorney for over a decade and the above question is asked of me every time somebody comes to me with an employment related legal issue.  I thought I would share what I tell people who are considering lawsuits against their  just in case you need help evaluating whether you should sue your employer: Do I have a legal claim? This first question should be obvious. More often than not I’ll have potential clients come to me saying that they want to sue their employer because they just don’t like their boss. Ethically, attorneys cannot file litigation just to harass an employer. Most employee based lawsuits fall into a three buckets. Those buckets are: Unlawful Discrimination or Harassment Unpaid Wages or Benefits Retaliation Cases If you don’t fall in one of these buckets then the likelihood of you having a case is slim. To error on the safe side, do contact an employment attorney to see if you have a case. Most employee side attorneys will give you an initial consultation for little to no cost to see if you have a case. Can I handle the Emotional Stress of a Lawsuit? I tell all of my potential clients that a wrongful termination lawsuit is like a divorce proceeding. The litigation is often quite contentious because the employer does everything to make the employee look incompetent while the employee is often making an argument that employer committed some sort of discriminatory or unlawful act. You need to ask yourself whether you can handle attacks on your character, your work product, and your reputation. Most of my potential clients, take a day or two to speak with their families to assess whether a lawsuit is right for them. Often, the deciding factor for moving forward is their answer to my 3rd question below. How Much Have I Been Harmed? Often employers will commit legal acts against employees, but the harm to the employee does not make it worthwhile to pursue litigation. An employee came to me saying that he was shorted 2 hours of wages during a particular time period and that he was mad about it. The employee also told me he no longer work for his previous employer; he and the he found a better high paying job. In this situation, I often would recommend to the individual to just move on. The drama of a lawsuit would have distracted the employee  from performing his current job and the potential reward was not worth the stress that a lawsuit involves. In contrast, I currently have a case where a government employer terminated a high wage earning employee after 30 years of good work performance. My client had at least 10 years to go before he could retire with full benefits. In his case, suing his employer is worth it because the employer harmed him to a point where he will never be able to make close to the same money working for another employer. My client is potentially going to lose a significant amount of money in lost income in benefits. In this case, filing a lawsuit is worth it. Conclusion At the end of the day, filing a lawsuit is a very personal decision. As an employment attorney, I admire the individuals who are willing to stand up to their employers and seek justice. Large organizations will not change illegal behavior unless they are held accountable by individuals who file lawsuits. I also know, however, that litigation is not easy for individuals who have been harmed by their employer. I urge you to think through the three questions above to assess whether you should consider legal action against your employer.    

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