Defending Employee Rights
Wage and hour violations occur when employees are not paid for all of the hours they work, or
are otherwise denied earned wages, overtime pay, rest and meal breaks, or vacation pay. Often,
these violations affect a large group or “class” of people.
Through class and collective actions, we have successfully recovered unpaid wages, including
wages for missed or denied rest or meal breaks and overtime pay for thousands of workers,
including retail employees, cable and satellite dish technicians, drywall installers, restaurant
workers, farm workers, truck drivers, and janitors.
Wage and hour cases can be complex and you need lawyers with experience and knowledge of
the law. Our team has been extraordinarily successful in certifying wage and hour class and
collective actions, as well as seeing them through settlement, trial, and appeal.
Within our wage and hour practice, we work on a number of types of cases, including:
Overtime and Minimum Wage Violations
Under the law, non-exempt employees must be paid wages consistent with federal and state
minimum wage. In addition, non-exempt employees are entitled to overtime pay in the amount
of one-and-a-half times their hourly rate for hours worked in excess of 40 per work week. If you
are a non-exempt employee who has not been paid minimum wages or overtime pay, you may
have a claim against your employer.
Rest and Meal Breaks
Under the law, non-exempt employees must be paid wages consistent with federal and state minimum wage. In addition, non-exempt employees are entitled to overtime pay in the amount of one-and-a-half times their hourly rate for hours worked in excess of 40 per work week. If you are a non-exempt employee who has not been paid minimum wages or overtime pay, you may have a claim against your employer.
Vacation Pay
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. If you believe your employer has failed to follow its policies, contact us to see if you may have a claim against them.
Misclassification
The protections of wage and hour statutes apply to all employees except those specifically excluded by the legislature or congress. An independent contractor does not fall under the protections of wage and hour laws because the contractor is not “employed” by the employer. But an employer cannot avoid complying with wage and hour laws merely by referring to someone as an “independent contractor,” or by classifying an employee as “exempt” when the employee’s job duties indicate the person is a non-exempt employee. Contact us if you have questions about your employment status and to find out whether you are entitled to the protections afforded by wage and hour laws.
Think you might have a case?
Wage and Hour Team
Wage and Hour Victories
Combatting Wage Theft for Delivery Drivers
Burnett v. Pagliacci Pizza, Inc.
Terrell Marshall successfully represented delivery drivers who claimed their employer failed to pay them all tips and other wages due. The Washington Supreme court agreed with Terrell Marshall that the drivers’ claims were not subject to mandatory arbitration. The case clarified the contract formation and unconscionability rules that apply when powerful companies try to force their workers and consumers into arbitration.
Recovering Wages for Migrant and Seasonal Farm Workers
Carranza v. Dovex Fruit Company
Terrell Marshall successfully litigated claims on behalf of migrant and seasonal farm workers who alleged their employer failed to pay for all hours worked. The case resulted in a decision by the Washington Supreme Court finding that agricultural workers paid on a piece-rate basis are entitled to separate hourly compensation for time spent on tasks outside of piece-rate work.
Think you have a case?
If you think your rights have been violated, we’ll help you determine if you have a case.