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For most people, a paycheck is more than a number on paper. It pays the mortgage or rent, puts food on the table, supports your family, and gives you the ability to plan for the future. When an employer does not pay you everything you have earned, the impact can go far beyond one missing line on a pay stub.
Washington’s wage and hour laws protect employees from being underpaid for their work. These laws address everything from minimum wage and overtime to meal and rest breaks, deductions, commissions, tips, final pay, and other aspects of how employees are compensated.
The problem is that wage and hour violations are not always obvious. You may receive a paycheck every two weeks and still be paid less than the law requires. Your employer may have a timekeeping system that does not capture all of your work, classify you as exempt when you are actually entitled to overtime, automatically deduct breaks you did not take, or use a compensation system that does not properly account for all of your wages. If something about your pay does not seem right, it is worth asking questions.
The James Hawkins Firm represents employees in Bellevue and throughout the surrounding area in wage and hour disputes. We take the time to understand how you work, how you are paid, and what your employer’s policies require, then investigate whether those practices comply with the law. If they don’t, we are ready to take action and get you the justice you deserve.
“Wage and hour” is a broad area of employment law covering the rules governing how employees are paid and how their working time is treated. Some cases are straightforward, such as when an employee works 50 hours but receives pay for only 40. Other cases require a much closer look, for example, when an employee is paid a salary and told that they are not entitled to overtime, even though their actual job duties may not satisfy an exemption. Another example is a company that automatically deducts 30 minutes for lunch even though employees regularly work through the break. Washington L&I identifies a range of wage issues that can lead to workplace complaints, including minimum wage, overtime, agreed wages, final pay, tips and service charges, and unauthorized deductions. The legal answer often depends on the details of your job, not simply what your employer calls your position or how its payroll system is set up.
Employees in Bellevue work across an unusually broad range of industries, from technology and professional services to healthcare, hospitality, construction, retail, and other growing businesses throughout the Eastside. The way employees are paid can be just as varied. That means there is no single type of wage and hour case.
You may be paid hourly, by salary, by commission, by piece rate, or through a combination of compensation methods. Regardless, Washington requires employers to pay employees for all work performed. “Hours worked” can include time employees may not think of as compensable, such as required training or meetings and, in some circumstances, travel, waiting, on-call time, or time spent putting on and taking off required equipment. Other employees may have problems involving:
Sometimes a single manager creates the problem. Other times, it comes from a company-wide policy or payroll system that affects an entire group of employees. That distinction can matter when determining what legal options are available, which is why we fully investigate each claim.
Sometimes an employee contacts us because something doesn’t add up on their paycheck. During our investigation, we may discover the same thing happened to coworkers. When a common policy or practice affects a larger group, the case may raise broader issues that could support a class action or other group-based claim, depending on the circumstances. That is why we don’t look at one paycheck and stop there. We ask how the employer’s compensation and timekeeping systems work, whether other employees were treated the same way, and whether the issue is isolated or part of a broader practice.
Choosing an employment lawyer is not just about finding someone who knows the law. You need an attorney who will actually take the time to understand what happened to you. At the James Hawkins Firm, we represent employees, not employers. We focus on employment law, and we understand that wage disputes can be stressful and personal. You may be worried about your paycheck, your job, your relationship with your employer, or what pursuing a claim could mean for your future. We do not expect you to walk into our office already knowing which law your employer may have violated. That is our job. We start by listening. We take the time to understand your position, your compensation, your schedule, how your employer tracks your time, what you were told about your pay, and what you experienced day to day. We encourage you to ask questions and take the time to walk you through the legal issues that apply to your situation.
From there, we investigate. That may mean reviewing paystubs, time records, schedules, employment agreements, company policies, communications, compensation plans, job duties, and other records. We may compare what your employer’s records show with how you actually worked. We may also look at whether other employees experienced the same problem.
Most importantly, we do not assume the answer based on your job title or one piece of information. Wage and hour laws can be complicated, particularly when an employee is salaried, receives multiple forms of compensation, works irregular hours, or has been classified as exempt. We look at the circumstances as a whole because our goal is to give you a clear understanding of what we find and your options. If there is a viable claim, we will explain the potential path forward. If we need more information, we will tell you what we need and why. You should never feel left wondering what is happening with your case.
One of the first questions employees understandably ask is: If I was underpaid, what can I actually recover? The answer depends on the type of violation, the amount of unpaid wages, how long the practice continued, and the specific laws that apply.
At a basic level, a successful wage claim may allow an employee to recover the wages they should have received in the first place. For example, this could include unpaid overtime, unpaid regular wages, compensation for qualifying work time, or other amounts improperly withheld.
In some circumstances, Washington law provides additional damages beyond the unpaid wages themselves. For certain unlawful wage withholding or rebate violations covered by RCW 49.52, an employee may be able to recover twice the amount of wages unlawfully withheld, along with costs and reasonable attorney’s fees, if the statutory requirements are met.
Other wage and hour laws can provide different remedies, so no single formula applies to every case. We look at the specific circumstances of your employment to determine what you may be entitled to pursue. That includes how much you were paid, how many hours you worked, how long the practice continued, what the employer’s policies required, and whether additional damages or remedies are available.
It is understandable to worry about what could happen if you question your employer about your paycheck. You may need the job. You may work closely with the person who controls your schedule. You may be concerned that speaking up will affect your hours, opportunities, or employment. The good news is, Washington law prohibits employers from retaliating against employees for exercising certain protected wage and hour rights, including discussing potential violations and filing certain complaints. Retaliation can include termination, demotion, reduced hours, schedule changes, reduced pay, discipline, or other adverse actions.
If you believe your employer treated you differently after you raised a wage concern, please tell us about that as well. The circumstances surrounding your complaint and what happened afterward may be important to your case.
You do not need to confront your employer or figure out the entire legal issue before speaking with an attorney. Start by keeping the information you already have. Pay stubs, time records, schedules, employment agreements, emails, text messages, and written instructions about your hours or compensation can help establish what happened. It can also be useful to make notes about how you actually worked. If your time records do not reflect the hours you regularly worked, write down your typical schedule and the tasks you were expected to complete outside your recorded hours. If you are no longer working for the employer, you can still have a wage claim. Washington L&I allows employees to file worker-rights complaints even after leaving the employer. You don’t have to know exactly what evidence you need. During a consultation, we can help identify the information that may be important to your situation.
Wage and hour claims can involve records that become harder to locate over time. Memories fade, employees leave, policies change, and electronic records may not be available indefinitely. Deadlines also apply to different types of wage claims. The applicable time period depends on the law and the circumstances, so don’t assume you can wait indefinitely. If you believe something is wrong with your pay, getting legal advice sooner can help you understand what information to preserve and what options may be available.
You should not have to become an employment-law expert to understand whether you are being paid correctly. If you have questions about your wages, hours, overtime, breaks, deductions, classification, or another workplace pay issue, The James Hawkins Firm can help you understand where you stand and what options may be available.
For more than two decades, we have focused on employment law and represented employees. We take the time to listen, investigate the facts, and clearly explain your legal options. We offer free consultations, and qualifying employment cases are handled on a contingency-fee basis, meaning you do not pay attorney’s fees upfront or out of pocket for covered representation.
Tell us what happened. We will listen, answer your questions, and help you determine whether you may have a claim and what steps you can take next. Contact The James Hawkins Firm today to schedule your free consultation.
Call Us Today (949) 387 – 7200
Yeah they’re great 
Nice people and they found things apart from wrongful termination