Washington Employee Rights: Comprehensive Guide for Workers
Employees have numerous rights and protections in their workplace. It is vital for employees to understand their rights and seek legal help when experiencing workplace violations. Washington Employee rights are governed by the state and federal laws, and the Employee Rights Division at the Department of Labor and Industries (L&I) enforces these laws.
In this article, we will outline Washington employee rights by highlighting some of the essential rights and protections that employees have in their workplace. We will also explore what to do when an employer violates an employee’s rights and some of the available resources for employees.
Washington State Minimum Wage
The Washington state minimum wage is $13.69 per hour as of January 2021, making it one of the highest minimum wages in the country. However, some cities in Washington, such as Seattle, have their minimum wage requirements that exceed the state minimum wage. Employees in those cities are entitled to the higher wage.
Additionally, employers must ensure that their employees’ wages comply with the Washington Minimum Wage Act and pay overtime when applicable. Employees in Washington State are entitled to overtime pay of 1.5 times the employee’s regular rate of pay when working more than 40 hours in a workweek.
Discrimination in the Workplace
Washington law prohibits discrimination in the workplace based on race, color, national origin, age, gender, religion, sexual orientation, marital status, and physical and mental disabilities. Employers are prohibited from engaging in discriminatory practices, including harassment, hostile work environments, and prejudice in matters such as hiring, promotion, and termination.
If you suspect that you have been the target of discrimination, you should contact an experienced attorney. The Department of Labor and Industries’ employment standards administration is responsible for enforcing anti-discrimination laws.
Health Benefits
Washington employees who work more than 20 hours per week are eligible for employer-sponsored health benefits. The Washington State legislature passed a law the Washington State Health Care Authority (HCA) in 1993. The program is called the Washington State Health Benefits Exchange. The goal of this program is to ensure that Washington residents have access to affordable health care.
Employees should take advantage of their employer-sponsored health insurance, as it is a valuable benefit. Employers must provide their employees with notice of the health insurance available and explain how to enroll in the insurance plan they offer. Employees who have questions about their coverage or believe that their rights have been violated can contact the Washington State Health Care Authority.
Paid Time Off and Family Leave
Washington employees have a right to paid vacation time, sick leave, and other forms of paid time off. Paid time off accrues over time, and employers must provide their employees with this time off within the first four months of their employment.
Washington State also has a Paid Family and Medical Leave program, which allows eligible employees to take up to 12 weeks of paid leave per year for family care and up to 12 weeks for their medical issue. Employers must offer these benefits to their employees, and employees can request leave when they have a qualifying event such as the birth of a child, adoption, or serious health condition.
Child Labor Laws
Washington State has laws to protect minors in the workforce, and employers must follow these laws. A minor is anyone under 18 years old.
Employers may not hire minors to work during school hours or over 40 hours per week during summer break. Additionally, minors must receive a wage that is not less than the state minimum wage.
Employers must also comply with all safety standards when hiring minors. For example, minors under the age of 16 cannot operate power-driven machinery or work in hazardous environments.
Workers’ Compensation
In Washington State, employers must provide their employees with workers’ compensation insurance. This insurance covers employees who are injured while working. Workers’ compensation insurance provides medical benefits and wage replacement benefits to help employees recover from their injuries and get back to work.
If an employee is injured on the job, they should contact their employer and seek medical attention immediately. Employers must report work-related injuries to the Washington Department of Labor and Industries. Employees can file a claim with the department if they need workers’ compensation benefits.
Retaliation Protection
Employees in Washington State are protected from retaliation by their employers. Employers cannot fire or demote employees for engaging in legally protected activities such as filing a workers’ compensation claim, filing a complaint against their employer, or joining a union.
If an employer retaliates against an employee, they could face significant legal and financial consequences. Employees who experience retaliation should contact an attorney to review their case.
Conclusion
In conclusion, Washington Employee Rights are designed to protect workers from abuse or unfair treatment in the workplace. Employees should be aware of their rights and understand how to assert them when necessary. If an employee believes that their employer has violated their rights, they should contact an attorney to explore their options.
Fortunately, Washington State offers a variety of resources to assist employees with their rights. The Department of Labor and Industries, the State Health Care Authority, and other organizations offer services to help employees navigate their rights and protections in the workplace. By staying informed and taking advantage of available resources, employees can feel confident and secure in their workplace.
This article will highlight some of the most important Washington Employee Rights
Washington Employee Rights: Minimum Wage
Washington’s minimum wage laws apply to workers in both agricultural and non-agricultural positions. Those under the age of the majority may be paid 85% of the Washington minimum wage level. As of 2012, the Washington minimum wage is $9.04. This level is the highest in the United States. The majority of states hover around the federal minimum wage level, which is $7.25
Washington Employee Rights: Overtime & Exemptions
The majority of Washington workers who earn an hourly wage and work beyond 40 hours in a 7-day work week are required—by Washington Employee Rights—must be paid overtime. When providing overtime, a business is required to pay at least one and one-half times the employee’s regularly hourly rate. Washington employee rights declare that businesses are required to pay this rate. A business may not have to pay overtime to some workers who, by Washington employee rights, are deemed exempt. To observe a list of exempt workers please visit here.
Washington Employee Rights: Breaks & Schedules
What are the meal and break period requirements for workers over the age of 18?
• WA employee Rights: A worker must be given a paid rest period of at least 10 minutes for each 4-hour shift worked
• WA employee Rights: The rest period must be provided no later than the end of the third hour of the shift
• WA employee Rights: Rest periods allow a worker to take a break from his/her job function; during this time, the worker can do whatever they wish, so long as it complies with the policies the business has established within the employment contract
• If the worker takes part in a 5-hour shift:
o WA employee Rights: The worker must be given at least a 30 minute meal period
o WA employee Rights: The worker must be at least two hours into the shift before the meal period is allowed to start
o WA employee Rights: The meal time cannot start beyond 5 hours after the start of the shift
• WA employee Rights: Businesses—based on Washington employee rights—are not required to pay for meal periods if their employees are free from any duties for the duration of their meal period
• WA employee Rights: Employees must be compensated during their meal period when:
o They are allowed or required to remain on duty
o They are on-call at the designated worksite
o They are called back to duty during their meal break even though they typically are not on call during said time
• WA employee Rights: There are no restrictions regarding how and when workers are schedules. A company has the right to alter a worker’s schedule at any time, without notice. Companies are not required—according to Washington employee rights—holidays or weekends off
• WA employee Rights: A company may add or alter duties performed by employees at any time
• WA employee Rights: “hours worked” refers to all hours during which the employee is authorized by the company to be on the job site or at a prescribed area of work. This may include travel, meeting and training time or on-call, waiting and time for putting on and removing uniforms.
Washington Employee Rights: Pay Requirements
Washington Employee Rights Regarding Getting Paid:
• WA employee Rights: A business must compensate workers on regular established paydays at least once a month
• WA employee Rights: If a worker is not paid based on a schedule the individual may file a wage complaint. A worker may also file a complaint if the business denies other workplace rights that are governed by the Department of Labor & Industries, such as rest and meal breaks, family care, overtime etc.
• WA employee Rights: A business is not required to give raises, except if the worker is paid by minimum wage. According to Washington employee rights, the state’s minimum wage must be adjusted for inflation each New Year.
Washington Employee Rights: Filing Workplace Complaints
If an employee believes his/her Washington Employee Rights have been violated he/she should:
1. For overtime pay, wage, child labor or meal and break complains: please download and complete Worker Rights Complaint Form
2. If you need to file a complaint regarding leave from work: please download and complete the Protected leave Complaint Form
3. For complaints concerning prevailing wages: download and complete the Prevailing wage complaint forms
4. If you do not have access to the Internet or cannot download the complaint forms, call or visit your nearest Washington State Department of Labor & Industries.
5. In the majority of cases, the Labor & Industries department will provide your employer with your name and a copy of your complaint when the L&I notifies the employer of your complaint
What Happens after the Worker Rights Complaint Form is filed?
The workplace rights complaint—once filed—is reviewed by L&I staff for finality and to make that the appropriate department possesses jurisdiction. The employee may be asked to offer additional information and/or evidence for support of the complaint. Washington employee rights require—for wage complaints—that the L&I cannot guarantee collection. Specific to the complaint, the L&I will work with the worker and the business to resolve the wage complaint. If the complaint is unsuccessful, the L&I will ask the employer to pay the wages or fix the issue by issuing a formal citation.
Washington Employee Rights: Termination
Washington employee rights state that a worker may not be fired for filing a:
• A worker may not be fired, according to WA employee rights, for filing a Safety Complaint
• A worker may not be fired, according to WA employee rights, for filing an Injured Worker Claim
• A worker may not be fired, according to WA employee rights, for filing a Workplace Rights Complaint
Washington employee rights do not require companies to provide a worker notice before terminating their job. Washington employee rights also do not state that an employee be provided notice before he/she is terminated.
Washington is an “at will” state. This means that a business may fire an employee “at will”; Washington employee rights declare that an employer does not need a reason to fire an employee. If the worker believes that he/she was fired as a result of their race, religion, gender or for any other discriminatory measure, it is suggested that the individual seek the advice of an employment attorney. Fired workers may also contact the Human Rights Commission at 1-800-233-3247 if there is a concern about a discriminatory termination based on race, sex, age (40+), national origin, religion, marital status or physical, mental or sensory handicap.
Human Rights Commission may be contacted at:
Western/Olympia Washington: 1-800-233-3247
Seattle/Western Washington: 1-800-605-7324
Yakima/Eastern Washington: 1-800-233-3247
You may also contact the United States Equal Employment Opportunity Commission. To contact this office please call 1-800-669-4000
