This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case.
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Employment · Washington

Can I sue for unpaid overtime in Washington?

the short answer

Time and a half past 40 hours in a workweek. Washington sets no daily overtime, so a fourteen-hour Tuesday inside a 38-hour week is not overtime here. The reason to bring the state claim is the exemplary damages: a withholding that was wilful and meant to deprive you is worth double.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.
plain englishPast 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.source ↗Not yet checked against the statute.
penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.
limit2 yearssource ↗Not yet checked against the statute.
alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Which overtime law applies in Washington?

governing statute

RCW 49.46.130

source ↗Not yet checked against the statute.

What can you recover for unpaid overtime in Washington?

penalty

Twice the amount of the wages unlawfully withheld, by way of exemplary damages, together with costs of suit and a reasonable sum for attorney's fees (RCW 49.52.070).

source ↗Not yet checked against the statute.

Where do you report unpaid overtime in Washington?

free route

Labor and Industries takes a Workplace Rights Complaint online. Its own guidance is worth reading before you file: hours you worked without permission still have to be paid, even if you can be disciplined for working them, and any agreed wage above the minimum has to be used in the overtime calculation rather than the minimum wage.

source ↗Not yet checked against the statute.

Which court hears a case like this in Washington?

which court

District Court, small claims department

source ↗Not yet checked against the statute.

How much can you sue for in Washington small claims court?

small claims limit

$10,000

source ↗Not yet checked against the statute.

exceptions: $5,000 where the person bringing the claim is not a natural person.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

Everything above is the law as it reaches everyone in Washington. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.

This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case. Terms · Privacy

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