Employers in Washington are responsible for ensuring that all employees are fairly compensated under the Federal Fair Labor and Standards Act, Washington State Minimum Wage Acts and the Washington Industrial Welfare Act. These acts ensure that employees in the State of Washington are paid overtime if they work more than 40 hours a week and must have regularly scheduled paid and unpaid breaks. Failure to comply with these acts can result in wage disputes and potential civil liability.
Each of the above acts provide for specific exemptions that, if all the requirements are met, will allow an employer to disregard the requirements as they apply to a specific position. Whether an employee is exempt depends on the following factors:
- Whether they are paid on a salary or hourly basis.
- How much they are paid.
- Their job duties and responsibilities.
- Whether any of the acts specifically state provide that a specific job is automatically exempt from their requirements.
Whether or not an employee is exempt does not depend on how long they have worked for a company or their job title. Also, an employee does not have the ability to agree to exempt themselves from the requirements of the Acts. Employers in Seattle should seek a short consultation from an attorney to insure compliance with state and federal law before they start hiring new employees or if they need to confirm that their current payroll practices are in compliance.
This blog is provided for informational purposes only and not in the course of an attorney-client relationship and is not intended to constitute legal advice or to substitute for obtaining legal advice from an attorney licensed in your state. Transmission of the information contained therein is not intended to create, and receipt does not constitute, an attorney-client relationship. The content of this blog may or may not reflect the most current legal developments and any individual’s personal circumstances.