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Employment laws in Washington State provide important protections for workers, including rights related to pay, workplace conditions, discrimination, retaliation, and termination. Despite these protections, employment law violations remain common, often leaving workers unsure whether their rights have been violated or what steps they can take.
This page provides an overview of Washington employment law, the most common types of workplace disputes, and when it may be important to speak with an employment attorney to protect your rights.
What Is Employment Law in Washington?
Employment law governs the relationship between employers and employees. In Washington, employment laws are shaped by state statutes, administrative regulations, and court decisions, and often provide stronger protections than federal law alone.
Employment law covers a wide range of issues, including wages, overtime, workplace discrimination, medical and family leave, retaliation, wrongful termination, and employment contracts. Understanding how these laws apply depends heavily on the facts of each situation.
Workers’ Rights in Washington State
Washington state employees are protected by several state and federal laws. The Equal Employment Opportunity Commission (EEOC) is one of the federal bodies that makes and regulates the laws that protect workers’ rights. Some of those protections for workers include:
- Receiving equal pay for equal work.
- Receiving reasonable accommodations for religious beliefs, disability, or pregnancy, childbirth, or related medical conditions.
- Unfair treatment because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.
- Reporting discrimination or other labor violations without fear of retaliation
Employment and Labor Law 101: A Complete Video Guide
Washington State Department of Labor & Industries (L&I) protects workers further by ensuring that employees:
- Work in a safe and healthy environment.
- Receive meal and rest breaks.
- Are paid at least minimum wage for all hours worked.
- Receive overtime pay for hours worked over 40 in a workweek.
- Accrue and be allowed to use paid sick leave hours.
- Are paid tips and service charges.
- Are able to discuss potential violations of these rights with your employer.
HOW IT WORKS
Learn about the Most Common Employment Law Violations
What to Do When Your Rights Are Violated
It can be scary, confusing, and upsetting when you’re facing harassment or discrimination at work, have been wrongfully terminated, or have had your paycheck shorted with no explanation. Here are some tips for how to handle workplace employment violations.
Compile documentation: A case requires evidence, so it is important to document everything in writing, including notes taken by hand, and to keep copies at home (not at work) in a digital format along with a hard copy. State the facts of what happened, including:
- Who was involved and nearby,
- Where the incident took place,
- The time and date, and
- Witness statements.
A note about recording: Washington is a two-party consent state, which means you cannot record another person without their permission.
Read your employee handbook: If your employer has an employee manual or handbook, it’s important to read through it and keep a copy of it at home. Not only do employers outline their policies and procedures in such documentation, but many will also have a process for dealing with workplace issues that are detailed within, like how to report it and to whom. Reading your employee handbook can answer a lot of questions for you and leave you better prepared if you end up needing to consult an Employment and Labor Law attorney.
Contact Human Resources: Most companies require their employees to report workplace issues to human resources as a first step. Besides hiring new employees and managing benefits, human resources representatives are trained to help resolve problems at work, from disagreements with co-workers to more serious concerns like harassment or safety violations. Their loyalty lies with the company, however, and if they aren’t taking your claim seriously, it may be time to contact an Employment and Labor Law attorney.
Visit the EEOC and L&I websites: The EEOC lists the federal laws and regulations that employers must follow. Additionally, while most people think of L&I as the Washington workers’ compensation organization, it also oversees Washington state laws and regulations regarding workers’ rights. Reviewing both websites can further educate you on your rights and help you decide if you need to consult an Employment and Labor Law attorney.
Examples of Employment Law Violations
When an employee requests an accommodation due to a disability in order to continue working, the employer must engage in an interactive process with the worker to identify a reasonable accommodation. This means that if you request a reasonable accommodation, your employer must work with you to come up with a solution that allows you to continue working. However, few employers know the law, and many simply refuse to follow it.
Washington state employers must post clear salary information on all job applications under the updated Washington Equal Pay and Opportunities Act (EPOA) (RCW 49.58.110). The pay transparency law applies to any employer that does business in Washington state with 15+ employees and at least one of those employees is Washington-based. If your employer breaks the salary transparency law, you could be entitled to $5,000 in damages, as well as attorney’s fees.
Many employers don’t realize that their workers do not have to specifically ask for leave under the Family Medical Leave Act (FMLA). Employees are not required to mention the FMLA when requesting leave. In fact, assuming adequate notice, simply verbally stating a need for leave is enough.
In the spring of 2019, state legislators overhauled the Washington state non-compete law, which up until then gave employers the power to restrict when and where their former employees could work.
The revamped Non-Compete Act, which went into effect on January 1, 2020, outlaws unfair non-compete agreements that target lower-wage workers by giving them a variety of new protections designed to unlock their economic potential.
Workplace injuries can end a person’s career or affect the most important aspects of life, including health and financial well-being. Affected workers deserve compensation, but are often unaware that OSHA violations led to their injury. An experienced Employment Law attorney will work with industry experts to determine this and more.
Businesses have an obligation to their customers to protect their personal data and inform them if something happens to it. Most companies will usually offer privacy rights violations and data breach victims free credit or identity monitoring for a year or two. In some cases, this is enough. But if a business loses customer data in a cyberattack and further investigation reveals it was because of poor cybersecurity systems, it could potentially be sued in a class action lawsuit.
When to Speak With a Washington Employment Attorney
Employment law violations are not always obvious, and many claims are subject to strict deadlines. Early legal guidance can help determine whether a violation occurred and what options may be available.
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As a Washington state employee, you are entitled to several protections and benefits under state and federal laws.
Employment and Labor Law violations are all too common and can leave you feeling ashamed, confused, angry, anxious, and afraid. Find out the answers to your Employment and Labor Law questions today.
A document review is a comprehensive consultation and analysis of your document’s legal language, context, and impact on your worker’s rights as an employee of Washington state.
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