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Washington Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Washington on
Q: I’m in Washington State and my employer says no one is allowed to discuss wages, is that legal?

I work in a senior living facility and I recently learned I was being paid a significant amount less than the other receptionists. I discussed my pay with my boss and she did give me a raise, but made it clear I am not allowed to discuss pay with other employees. She said it is a written rule in... View More

Brad S Kane
Brad S Kane
answered on Mar 18, 2023

According to the Department of Labor and Industries,

Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. Wage non-disclosure agreements for employees are prohibited....
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1 Answer | Asked in Employment Law for Washington on
Q: I was put on "salary" can I charge over time?

I was working 84hrs a week 7weeks straight no days off, I was told 2500 manage office, then I ended up doing full housekeeping n laundry service too. can I charge over time and for different dutties? And he wants charge me rent now. And keeps changing my pay for those 7 weeks.

Brad S Kane
Brad S Kane
answered on Mar 3, 2023

In Washington state, the 2023 minimum salary for exempt employees working for small employers (1-50 employees) is 1.75 times the minimum wage. That means an employee exempt from overtime pay must earn at least $1,101.80 a week ($57,293.60 a year).

For large employers (51 or more employees),...
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2 Answers | Asked in Employment Law, Health Care Law and Medical Malpractice for Washington on
Q: What If I work for a medical facility and find that other employees are committing malpractice and doing illegal things?

If the company that hires me are negligent in their training programs and do not train staff properly, and I notice other employees committing crimes and doing things against policy and procedures, is there legal action I can take against them?

Christopher Kirk Steuart
Christopher Kirk Steuart
answered on Feb 28, 2023

Based on the limited set of facts provided in your question it is difficult to determine how serious or dangerous the situation you are describing is. This is an issue of what are your responsibility to the organization, patients, and the broader community. With knowing more, I would say the first... View More

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2 Answers | Asked in Employment Law, Health Care Law and Medical Malpractice for Washington on
Q: What If I work for a medical facility and find that other employees are committing malpractice and doing illegal things?

If the company that hires me are negligent in their training programs and do not train staff properly, and I notice other employees committing crimes and doing things against policy and procedures, is there legal action I can take against them?

Brad S Kane
Brad S Kane
answered on Feb 28, 2023

You can file a complaint with the appropriate regulatory agency or notify your employer of the activities that you believe in good faith to be illegal. If you do so, your employer is legally prohibited from retaliating against you for whistleblowing.

At the same, you would be wise to seek...
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1 Answer | Asked in Employment Law for Washington on
Q: My former employer payed us with personal checks, upon my request for my hours, pto, why so much was taken out,no w2

A coworker said that we shouldn't even file taxes because the company sank, that shouldn't have mattered considering hebwas allegedly withholding portions of my check for taxes

Brad S Kane
Brad S Kane
answered on Feb 20, 2023

Sounds like you were not getting paystubs showing the deductions. You should report your former employer to the IRS and the Washington Department of Labor and Industries, who may just be keeping your money. You are entitled to credit from the withholding for future social security benefits,... View More

1 Answer | Asked in Employment Law for Washington on
Q: Can my employer make me shorten my regular hours to accommodate working the weekend to avoid paying me overtime?

My normal work schedule is Monday through Friday. Occasionally we do expos and shows that require us to work over the weekend. Normally we would be able to work our regular 80 hours and anything that we worked over the weekend would be considered overtime. This time, we were asked to shorten our... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 31, 2023

Yes, there are no laws that require employers to offer any particular amount of hours or overtime. As long as you're paid overtime for any hours over 40 per workweek that you do work, your employer can reduce your hours to avoid employees accruing overtime hours.

1 Answer | Asked in Employment Law for Washington on
Q: Washington being an at will fire state, if fired can you sue an employer that hasnt fired someone for something greater?

Specifically, an employee has been caught passed out drunk during food service at a retirement home. For whatever reason he was taken off the schedule for two or three days, then returned to work. Im just curious if by not firing this person over a very major offense is there grounds for someone in... View More

Brad S Kane
Brad S Kane
answered on Dec 22, 2022

Unfortunately, each case is fact specific and it is impossible to give meaningful advice without knowing more factual context. In general, if you were let go for being 3 minutes late, while someone else was allowed to stay though they were passed out drunk at work, it would certainly raise... View More

1 Answer | Asked in Employment Law, Immigration Law, Business Formation and Business Law for Washington on
Q: Can I start an LLC on an F1 OPT as a foreigner? If yes, am I allowed to work full-time for my LLC and draw a salary?

I graduated in May 2024 with an MBA degree and I am currently on my F1 OPT. I have been working on a business idea for some time, and would like to start an LLC to formalize my business and use it as my OPT for the first year. I have already spoken to my DSO and while they have not raised any red... View More

James L. Arrasmith
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answered on Aug 16, 2024

You can form an LLC while on F1 OPT, but there are some important limitations to be aware of. While starting the business is allowed, working full-time for your own company can be problematic. The U.S. immigration rules for OPT require that employment be directly related to your field of study, and... View More

1 Answer | Asked in Consumer Law, Employment Law, Education Law and Internet Law for Washington on
Q: What legal implications would need to be considered to create a LinkedIn style platform for minors under the age of 16?

I'm interested in creating an online platform similar to LinkedIn but specifically for individuals under the age of 16 who are looking for internship, mentorship, and volunteer opportunities. Given that LinkedIn currently restricts its users to those over 16, I want to understand the legal... View More

James L. Arrasmith
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answered on Aug 6, 2024

Creating a LinkedIn-style platform for minors under 16 involves navigating several important legal considerations. Firstly, you must comply with child labor laws, which vary by state and regulate the types of work minors can do, the hours they can work, and the conditions under which they can work.... View More

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Civil Rights for Washington on
Q: I was assaulted for stealing 2 soda pops what can I do to get a attorney
James L. Arrasmith
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answered on Apr 3, 2024

I'm so sorry to hear that you were assaulted. That must have been a traumatic experience. Regardless of the circumstances, no one has the right to assault you.

In terms of getting legal assistance, here are some steps you can take:

1. Contact the police and file a report about...
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1 Answer | Asked in Employment Law for Washington on
Q: What are employer responsibilities when a terminated employee returns and continues working?

Employee was laid off and a week later returned to work to wrap up loose ends. Direct manager was aware and permitted this. HR already terminated employee.

Brad S Kane
Brad S Kane
answered on Mar 25, 2024

If a former employee returns to work, the employer must pay for all hours worked.

1 Answer | Asked in Employment Law for Washington on
Q: My deductions were taken but not deposited into FSAs by employer. They didn't reply to email inquiry. What should I do?
Brad S Kane
Brad S Kane
answered on Jan 14, 2024

I would file a online complaint with the Washington State Department of Labor and Industries.

1 Answer | Asked in Employment Law and Foreclosure for Washington on
Q: a case of wrongful termination and or retaliation at work. i am now in foreclosure . as a result , what can i do
Brad S Kane
Brad S Kane
answered on Jan 6, 2024

Given the lack of detail in your post, the only potential advice that anyone can give you is:

You should consult an employment lawyer about your wrongful termination and retaliation claims.

You should consult a foreclosure about how to handle the foreclosure.

1 Answer | Asked in Civil Litigation and Employment Law for Washington on
Q: I work as an independent driver. Do I need to pay an insurance deductible when get on an accident?

I work as an independent driver, delivering trucks from point A to point B for other companies. While recently doing the trips I accidentally put a wrong fuel in a new truck causing to be towed to the dealer repair facility to remove, by giving to the company I serve a $3778.00 insurance... View More

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2023

A Washington attorney could advise best, but your question remains open for two weeks. An employment law attorney could have insight into this, as they are familiar with practices governing employees' obligations for paying for damaged property. You could repost and add the category, and if... View More

1 Answer | Asked in Employment Law for Washington on
Q: Can employers disqualify candidates for requesting experience outside a posted job description?

I applied for a position that states 8 years of experience is required (I have a degree), I received an email stating that I need double the years of posted experience per hiring manager, and will not be looked at interviewing for this reason. Can employers do this ?

T. Augustus Claus
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answered on Oct 16, 2023

Yes, employers in Washington can disqualify candidates for requesting experience outside a posted job description. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

1 Answer | Asked in Employment Law for Washington on
Q: My employer in WA state has never payed any sick leave to her employees. What do I do?

It is a small restaurant/bar and music venue. This is my second time working here, this time has been just over a year no sick leave. Last time was just before and during the covid outbreak, no sick leave to any employees. What do I do I feel like we should be compensated, I believe she is taking... View More

Brad S Kane
Brad S Kane
answered on Aug 24, 2023

Your employer should be providing paid sick leave after 90 days of employment.

See the fact sheet from the Department of Labor and Industries...
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1 Answer | Asked in Employment Law for Washington on
Q: Is it legal to write up a worker for opting to not take one of their legally mandated breaks?

My work got in some legal trouble recently about people not getting their legally mandated breaks. Their response to this was for anybody that did not take their break they'd get written up. Even more recently they've put out schedules with strange out times that put them right under the... View More

Brad S Kane
Brad S Kane
answered on Aug 15, 2023

An employer can discipline employees for not taking their legally mandated breaks, even if the timing is not your preferred timing.

1 Answer | Asked in Employment Law and Workers' Compensation for Washington on
Q: found out my manager has been getting his pay docked whenever the owner decides too many people called out. That Legal?

I work at a glassblowing studio where everyone works 40 hours a week of constant physical labor, it regularly gets above 100 degrees and many safety precautions are often not put as top priority. Needless to say call outs happen occasionally.

I recently found out that my wonderful manager... View More

Brad S Kane
Brad S Kane
answered on Jul 22, 2023

An employer may not discipline an employee by "docking" their earned pay. The manager should speak with an employment attorney about their rights.

2 Answers | Asked in Employment Law, Personal Injury and Civil Litigation for Washington on
Q: if your employer searches your cell phone illegally, what kind of lawyer should i retain?
Brad S Kane
Brad S Kane
answered on Jul 16, 2023

Without knowing more about how the search took place, whether it was the employer's phone or your phone and what harm you suffered, you should start with an employment lawyer.

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1 Answer | Asked in Health Care Law and Employment Law for Washington on
Q: Can my partner's work penalize him for going to my prenatal appointments?

My partner has been writing down the days of my appointments in which he will either need to leave work early or arrive just a little bit late. His employers told him that it needs to be written down when they are, however they are trying to punish him for attending the appointments.

Tim Akpinar
Tim Akpinar
answered on Jul 6, 2023

A Washington attorney could advise best, but your question remains open for four weeks. The question may have gone unnoticed under the Health Care Law heading - it's something that an employment law attorney would have insight into. Some questions go unanswered, but you could try reposting... View More

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