Wage theft, or the failure of employers to pay employees what they’re legally owed, costs workers billions of dollars each year around the country. In Washington, more than 6,900 workers filed complaints with the state Department of Labor and Industries in fiscal year 2023 alleging that they weren’t being properly paid.
Wage theft is concentrated in low-wage industries — especially in restaurant and hospitality work — and disproportionately affects women, immigrants and people of color. Many workers don’t realize they’re experiencing wage theft because they don’t know the laws that protect them.
The Seattle Times consulted state laws, nonprofit advocacy organizations and legal experts to create this guide to wage theft and workers’ rights.
What is wage theft?
Wage theft occurs when employers don’t pay employees the wages they’re legally owed.
Workers experience wage theft when they are paid less than minimum wage, are not paid for working off the clock, or miss out on owed overtime, tips or paid rest breaks. In some cases workers aren’t paid at all.
Read more from the Seattle Office of Labor Standards and the Washington State Workers’ Rights Manual.
What are my rights as a worker in Washington state?
All workers in Washington are entitled to the following:
- A minimum wage of $16.28 per hour in 2024.
- Pay at least once per month on a regular, scheduled payday.
- Overtime pay of 1.5 times the regular hourly rate when more than 40 hours are worked in a 7-day workweek. (Salaried “white collar” workers earning at least $67,724 in 2024 are not required to receive overtime pay.)
- Tips and service charges. Employers may not take tips for company use or to pay employee wages.
- A paid rest period of at least 10 minutes for every 4 hours worked.
- A 30-minute meal period during a shift lasting more than 5 hours.
- Paid sick leave, with at least one hour earned for every 40 hours you work.
In Seattle, workers are also entitled to:
- A minimum wage of $19.97 per hour or $17.25 per hour in 2024, depending on the size of your employer and whether you receive tips or medical benefits. Use this calculator to determine the minimum wage you are owed.
- A written schedule 14 days in advance for workers in large retail and food service establishments.
In Tukwila, workers are entitled to a minimum wage of $20.29 per hour or $18.29 per hour in 2024, depending on the size of the employer. Read more here.
In SeaTac, hospitality and transportation workers are entitled to a minimum wage of $19.71 per hour in 2024.
Read more from the Washington State Workers’ Rights Manual.
My employer hasn’t paid me the money I’m owed. What can I do?
There are three main options for workers who believe their employer owes them money:
The Department of Labor and Industries investigates complaints filed by workers across Washington state, including in Seattle. You can file a complaint online, by calling 1-866-219-7321, by mail, or in person at your nearest L&I office. Interpretation and translation services are available.
Seattle’s Office of Labor Standards investigates complaints filed by people working in Seattle. You can file a complaint online, by calling 206-684-4500, or in person at 810 3rd Avenue, Suite 375. Interpretation and translation services are available.
L&I is legally required to investigate every individual complaint it receives, but OLS is not. OLS focuses on companywide investigations and says it prioritizes “people working low-wage jobs in industries where the rate of labor standards violations is high.” Read more about how the office prioritizes complaints.
Workers can also seek legal assistance. The Washington Employment Lawyers Association offers a directory of lawyers focused on workers’ rights. If you take legal action to collect wages, you cannot file a complaint with L&I.
The City of Tukwila investigates employment complaints for people working in Tukwila.
The City of SeaTac investigates employment standards complaints for hospitality and transportation industry employees working in SeaTac.
What information do I need to file a complaint?
You will need your contact information and your employer’s location and contact information. You will also need relevant documents and information about your employment, which may include the following:
- Attendance rosters, shift schedules, or time cards
- Payroll check stubs
- Log books or personal time records
- Employee handbook or workplace policies
- Written wage agreement
- Copies of bad checks
Read more from L&I and the Office of Labor Standards.
Can my employer retaliate against me if I file a complaint?
No. Washington state law prevents employers from firing or retaliating against an employee who files a complaint about pay, workers’ compensation, safety or discrimination.
Do I need to be a U.S. citizen to file a claim?
No. The Department of Labor and Industries covers all workers who live in Washington, regardless of immigration status.
L&I says it will not report undocumented workers to the federal government or local police authorities. Seattle’s Office of Labor Standards says it will never ask about immigration status and does not keep records of immigration status.
Read more from Casa Latina, a nonprofit that supports immigrants facing wage theft or workplace discrimination.
How can I find out if my employer has a past history of wage theft or labor violations?
The Department of Labor and Industries has a searchable public database of employers that have violated wage law.
In Seattle, the Office of Labor Standards publishes a quarterly list of settlements with businesses that have violated labor standards.
What organizations can help me?
The Washington Wage Claim Project provides legal aid to low-wage workers who have not been paid.
The Workers’ Rights Clinic at Seattle University and the University of Washington provides free legal counseling in partnership with the Fair Work Center.
The Northwest Justice Project is Washington’s largest publicly-funded legal aid program. It operates a free intake hotline and refers people to local offices or other legal aid providers.
The Washington Employment Lawyers Association offers a directory of lawyers focused on workers’ rights.
Casa Latina is a nonprofit that supports immigrants facing wage theft or workplace discrimination and offers free legal consultations.
The nonprofit El Centro de la Raza helps Spanish-speaking Seattle workers recover owed wages and know their rights.
The Fair Work Center is a nonprofit that helps workers understand their rights and operates a free civil legal aid clinic.
Working Washington is a nonprofit workers organization that advocates for higher wages and better working conditions. The Washington State Workers’ Rights Manual provides educational information about state employment laws and the rights all workers have in Washington state.
The opinions expressed in reader comments are those of the author only and do not reflect the opinions of The Seattle Times.