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Washington Employment Law Questions & Answers
2 Answers | Asked in Employment Law and Workers' Compensation for Washington on
Q: If a county's minimum wage goes up. Do companies have to raise their minimum wage? Or does state minimum wage apply?
Merry A Kogut
Merry A Kogut
answered on Jan 25, 2025

Thank you for the interesting question.

In Washington State, businesses have to pay whichever minimum wage is higher—whether that’s set by the state or by a city or county. So, if a county raises its minimum wage above the state level, companies in that area are required to follow the...
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2 Answers | Asked in Employment Law and Workers' Compensation for Washington on
Q: If a county's minimum wage goes up. Do companies have to raise their minimum wage? Or does state minimum wage apply?
Brad S Kane
Brad S Kane
answered on Jan 26, 2025

In Washington state, an employee is entitled to receive the highest city/count/state minimum wage based on the location of their work. This can get complicated, when remote work is involved. For example, if you work from home 2 days per week and where you live has a higher minimum wage than the... View More

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1 Answer | Asked in Employment Law for Washington on
Q: Can my employer require a doctors note because I left work early due to not feeling well?

I was told HR would have to speak to me about consequences because it is technically a “walk out “ since I showed up at all yesterday. I went to urgent care and was put on the waitlist to be seen, but it was almost 5:30 PM when I arrived at urgent care and they closed at seven, so I wasn’t... View More

Merry A Kogut
Merry A Kogut
answered on Jan 23, 2025

Hello again - I answered your other question on point. Employers hold most of the "power" in 49 of the 50 states, plus the territories and DC. Most employees are "at will" - this means an employer can terminate an employee for zero reason, and with zero advance notice. Since... View More

1 Answer | Asked in Employment Law for Washington on
Q: If I leave work because I’m feeling unwell and return the next day, can my employer require a doctors note to return?

My employer told me this is a “walk out” and consequences would have to be talked over with HR the following day. As I was leaving I was told not to return unless I had a doctors note. I immediately ubered to urgent care (although I didn’t immediate need medical attention , I didn’t want to... View More

Merry A Kogut
Merry A Kogut
answered on Jan 23, 2025

I'm so sorry you felt so ill, and hope you're feeling better now.

If are an "at will" employee (no contract, no union), your employer can require a doctor's note and, I'm afraid, can terminate you if you fail to provide one (check to see if the employer has an...
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1 Answer | Asked in Employment Law and Workers' Compensation for Washington on
Q: I wasnt paid all my hours at my old job, they refused to pay me after I asked.

I had permission from my manager to skip lunch due to my i.b.s, and that it wouldn't be deducted from my hours, surprise surprise in my final paycheck every lunch was deducted and I never got paid for those hours I worked. it's a family owned business so once I reached out to h.r or... View More

Merry A Kogut
Merry A Kogut
answered on Jan 9, 2025

I'm so sorry to hear about your employment issues and health problems.

You may want to try this first - you can file a complaint with a WA State agency for free: https://www.lni.wa.gov/workers-rights/workplace-complaints/worker-rights-complaints

Your former employer is...
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2 Answers | Asked in Employment Law for Washington on
Q: employment question: minimum salary washington state

I am a part time employee in washington state. i am currently below the salary threshold. i work at a nonprofit. i asked my employer and they disagreed with me. is there any reason i am in the wrong? this would also apply up to three years past as well.

Merry A Kogut
Merry A Kogut
answered on Jan 7, 2025

I'm sorry to hear about your salary issues. Generally, there is definitely a minimum wage in WA, with very few exceptions (such as restaurant servers). You can read all the details on this page, and if you believe that your employer is wrong, you can file a complaint here, too. Also,... View More

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2 Answers | Asked in Employment Law for Washington on
Q: employment question: minimum salary washington state

I am a part time employee in washington state. i am currently below the salary threshold. i work at a nonprofit. i asked my employer and they disagreed with me. is there any reason i am in the wrong? this would also apply up to three years past as well.

Brad S Kane
Brad S Kane
answered on Jan 6, 2025

Your employer is incorrect. The salary threshold is based on a 40 hour week, not a part-time week.

The Department of Labor and Industries provides a chart showing the required minimum weekly earnings at:

https://www.lni.wa.gov/forms-publications/f700-207-000.pdf

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1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Washington on
Q: I had an inappropriate text relationship with a higher up at work.

It ended abruptly. Ever since, he's been treating me poorly, jerking me around, and I think he's trying to get me to quit. I would like to push back because my quality of life is suffering and I'm not going to be forced out of the company.

Unfortunately I do not have all the... View More

Merry A Kogut
Merry A Kogut
answered on Jan 5, 2025

I'm so very sorry you're going through this. I have a lifetime of employment discrimination/sexual harassment experience, even before law school (I was a discrimination investigator at the Washington State Human Rights Commission).

First, write out a timeline for your...
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1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: Am I being treated unfairly and a victim of work place retaliation after reporting safety concerns about a new coworker?

My manager hired a man who has a lengthy history of DV and he is aggressive verbally to our female co workers. I looked at his legal history and discovered the charges. I brought it to the attention of the manager and she said that we should avoid pushing his buttons. Her boss found out about the... View More

Merry A Kogut
Merry A Kogut
answered on Dec 23, 2024

If you believe you're being treated unfairly or retaliated against at work after reporting safety concerns, let’s break down what’s happening and explore your options. Washington State has laws in place to protect employees in situations like yours, so you may have recourse.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: My employer

What are my options. I was just told that i should take another offer from a different company and leave. Is that legally considered me being let go or fired?They still are employing me. The company has also forced me to drive my personal vehicle while on a suspended license and they know its... View More

Brad S Kane
Brad S Kane
answered on Oct 29, 2024

If your employer is still employing you, you are not fire (at least not yet). You can ask HR or your supervisor in writing for clarification or you can keep working until your employer terminates you.

More important, you need to get your license reinstated ASAP for two reasons....
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2 Answers | Asked in Copyright, Employment Law, Business Law and Native American Law for Washington on
Q: I am an accountant. Can I be fired for not doing my previous trade of doing graphic art work for my employer?

I also work in a sovern tribe of Washington. However, codes enforce federal and Washington State laws.

Bao Tran
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Bao Tran
answered on Jul 25, 2024

As an accountant working for a sovereign tribe in Washington, you may have specific employment terms and conditions that are influenced by both tribal codes and state or federal laws. Here are some key considerations regarding your situation:

Job Duties and Employment Contracts...
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2 Answers | Asked in Copyright, Employment Law, Business Law and Native American Law for Washington on
Q: I am an accountant. Can I be fired for not doing my previous trade of doing graphic art work for my employer?

I also work in a sovern tribe of Washington. However, codes enforce federal and Washington State laws.

James L. Arrasmith
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answered on Jul 23, 2024

You can only be fired for not doing graphic art work if it is part of your job description or agreed-upon duties. If your employment contract or job role includes graphic art responsibilities, then not fulfilling these tasks could be a reason for termination.

However, if your primary role...
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1 Answer | Asked in Criminal Law, Personal Injury, Federal Crimes, Employment Law and Civil Rights for Washington on
Q: What type of lawyer helps victims of voyeurism that took place at work

From what I understand the trial hasn’t started for the accused, but I want to understand what lawyers can help me to understand victim rights and determine the best course of action when there are multiple victims

James L. Arrasmith
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answered on Jul 21, 2024

If you're a victim of voyeurism at work, you need a lawyer with expertise in employment law and personal injury law. These lawyers can help you understand your rights as a victim and provide guidance on the legal actions you can take. They can also help you navigate the complexities of dealing... View More

1 Answer | Asked in Employment Law, Business Law, Internet Law and Small Claims for Washington on
Q: Need to talk with a lawyer about a lawsuit because my online earnings have been depleted when promised they would not.

My job is rating products for a commission and I have earned so much that I have gone up three levels and I need to finish a small set of rating products to receive all my earnings, but the system has welfare tasks that put your earnings

into a negative amount equal to what you have... View More

James L. Arrasmith
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answered on Jun 29, 2024

I can offer some general information that may be helpful:

1. Documentation: It's positive that you have chat transcripts from customer service and the CEO stating that a welfare task would not occur before you finish your remaining tasks. This documentation could potentially be...
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1 Answer | Asked in Contracts, Employment Law and Civil Rights for Washington on
Q: My job told us that if they felt we were abusing pst they wouldn't guarantee us our guaranteed hrs. Is that allowed?

We get 25hrs/wk guaranteed as per our contract. Although we get as much sick time as we need (as in we don't earn pst over time its just paid out to us as we use it). Our workplace has made us sign a contract stating that we could only have 6 occurrence a year of using pst before facing... View More

James L. Arrasmith
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answered on Jun 15, 2024

Your job's policy regarding paid sick time (PST) and guaranteed hours can be complex. The terms in your contract about guaranteed hours and the use of PST are crucial. If your contract guarantees 25 hours per week, your employer generally must honor this unless there are specific conditions in... View More

1 Answer | Asked in Employment Law and Civil Rights for Washington on
Q: Is it legal to be watched during a pre-employment drug screening?

I was just hired to do payroll at a company & they required a drug test. During the test they actually stood less than a foot away & watched me pee in the cup. I felt completely violated & disgusted when I left. Is this legal?

James L. Arrasmith
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answered on Jun 15, 2024

I understand how uncomfortable that experience must have been for you. The legality of being watched during a drug test depends on the state and the specific circumstances of the testing. In some situations, such as for safety-sensitive positions, stricter monitoring is allowed to prevent tampering... View More

1 Answer | Asked in Banking and Employment Law for Washington on
Q: I worked 10years in retail in CA I had payroll to take 3%out of my check for the first 3 years from 2005-2008and afterth

That I had them take out $100 every payday andcthe company was supposed to match dollar for dollar whatever I put into my retirement now when I got fired after 10 years I worked for 2005-2015 at the end I believe I should have more than $20,000 in my retirement account? And I wanted to know... View More

James L. Arrasmith
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answered on Mar 20, 2024

It sounds like there might have been some miscommunication or misunderstanding regarding your retirement savings and life insurance policy. Firstly, for the retirement account, you should request a detailed statement from the beginning of your contributions to the present. This will help clarify... View More

1 Answer | Asked in Employment Law, Tax Law and Business Law for Washington on
Q: Can my company pay me my 401k balance via extra hours worked on my checks?

For 1 year I got 60-90hrs extra on each check I figured it was them paying out stocks do to the company being sold and changing from employee owned to non, I just got a letter that states my 10k I had in my 401k is now at 0.00 this is the first mention of my 401k I have received

James L. Arrasmith
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answered on Jan 26, 2024

In addressing your question, it's important to understand that 401(k) plans are subject to specific regulations under the Employee Retirement Income Security Act (ERISA). Generally, these plans are not designed to be paid out through extra hours worked or through your regular paychecks. Such... View More

1 Answer | Asked in Employment Law for Washington on
Q: Can my employer require that I stay on premise for the 8hr work day including lunch? -Washington state, exempt salaried
Brad S Kane
Brad S Kane
answered on Jan 14, 2024

Yes, Employers are not required to pay for a meal break if an employee is free from all duties for their entire break. Employees can only be required to remain on the premises or work site during their meal period if they are completely free from work duties.... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Environmental for Washington on
Q: Do I have a case against County Courthouse for toxic mold in my workplace?

After I started work at the Courthouse, I became ill. I was diagnosed with mold biotoxin illness due to water damage from a building, which the courthouse has had lots. While out on medical leave I started getting better, when I went back for one hour, my symptoms came back. My medical team and I... View More

T. Augustus Claus
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answered on Dec 27, 2023

Given your diagnosis of mold biotoxin illness and the apparent presence of toxic mold in your workplace at the County Courthouse, you may have grounds to pursue a case. The visible signs of water damage, coupled with your health deterioration upon returning to work, provide substantial evidence.... View More

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