WAGE AND HOUR DEMAND LETTER
State of Washington
Washington Wage Acts and Fair Labor Standards Act Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Washington ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Washington State Bar Association Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
[and All Similarly Situated Employees - if class action contemplated]
Demand for Unpaid Wages Under Washington Law and FLSA
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO ER 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Washington Minimum Wage Act, RCW 49.46, the Washington Wage Payment Act, RCW 49.48, the Washington Wage Rebate Act, RCW 49.52, and the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq.
Please direct all further communications regarding this matter to our office.
I. WASHINGTON-SPECIFIC LEGAL FRAMEWORK
A. Applicable Wage and Hour Law
Washington has one of the highest minimum wages in the nation and some of the strongest employee protections. The state provides mandatory double damages and potential criminal penalties for wage violations.
Key Legal Framework:
| Category | Washington Requirement | Citation |
|---|---|---|
| Minimum Wage | $16.28/hour (2024) | RCW 49.46.020 |
| Overtime | 1.5x regular rate after 40 hours/week | RCW 49.46.130 |
| Double Damages | Mandatory for wage violations | RCW 49.52.070 |
| Meal Periods | 30-minute meal period for 5+ hours | WAC 296-126-092 |
| Rest Breaks | 10 minutes per 4 hours | WAC 296-126-092 |
IMPORTANT: Washington does NOT allow a tip credit. Full minimum wage must be paid to all employees.
B. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| Washington wage claims | 3 years | RCW 49.48.083 |
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
C. Washington Wage Payment Requirements
Payment Timing Requirements:
| Situation | Requirement | Citation |
|---|---|---|
| Regular wages | At least monthly on regular paydays | RCW 49.48.010 |
| Involuntary termination | Immediately at end of established pay period | RCW 49.48.010 |
| Voluntary resignation | At end of established pay period | RCW 49.48.010 |
| Commissions | Must be paid when determinable | RCW 49.48.150 |
Payroll Deductions:
- Strictly limited under Washington law
- Written authorization required
- Cannot reduce wages below minimum wage
D. Enforcement Mechanisms
Administrative:
- Washington State Department of Labor & Industries (L&I)
- Employment Standards Program
- File complaint at lni.wa.gov
Private Right of Action:
- RCW 49.48.083: Private action for wage claims
- RCW 49.52.070: Double damages mandatory
- RCW 49.52.050: Criminal penalties for willful withholding
- Reasonable attorney's fees and costs mandatory
E. No Tip Credit in Washington
CRITICAL: Washington does NOT allow a tip credit.
| Requirement | Standard | Citation |
|---|---|---|
| Cash wage minimum | Full $16.28/hour | RCW 49.46.020 |
| Tip credit | NOT ALLOWED | RCW 49.46.020 |
| Tips | Belong entirely to employee | RCW 49.46.160 |
| Service charges | Must be disclosed; distribution rules apply | RCW 49.46.160 |
II. INTRODUCTION AND SUMMARY OF CLAIMS
Our client was employed by [Company Short Name] as a [Job Title] from [Start Date] to [End Date / Present], working at [Work Location(s)] in Washington. During this employment, [Company Short Name] violated Washington wage laws by:
[ ] Failing to pay the Washington minimum wage of $16.28 per hour
[ ] Improperly taking a tip credit when Washington law prohibits tip credits
[ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
[ ] Misclassifying our client as exempt from overtime when [he/she/they] should have been classified as non-exempt
[ ] Misclassifying our client as an independent contractor when [he/she/they] was an employee entitled to wage protections
[ ] Failing to provide required meal periods (30 minutes for 5+ hour shifts)
[ ] Failing to provide required rest breaks (10 minutes per 4 hours)
[ ] Failing to pay for all hours worked, including:
[ ] Off-the-clock work before/after shifts
[ ] Uncompensated meal periods during which work was performed
[ ] Time spent on required pre-shift or post-shift activities
[ ] Travel time that should have been compensated
[ ] Training time
[ ] Making unlawful deductions from wages
[ ] Unlawful retention of tips or service charges
Under Washington law, our client is entitled to mandatory double damages under RCW 49.52.070.
III. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es) in Washington] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
Average overtime hours per week not compensated at 1.5x rate: [X hours]
C. Specific Wage Violations
[Detail specific violations as applicable - off-the-clock work, misclassification, tip credit violations, missed breaks, etc.]
IV. LEGAL ANALYSIS
A. Washington Minimum Wage Act Violations (RCW 49.46)
1. Minimum Wage Requirements (RCW 49.46.020)
Washington requires employers to pay at least $16.28 per hour with NO TIP CREDIT. By [describe violation], [Company Short Name] failed to pay our client the minimum wage.
2. Overtime Requirements (RCW 49.46.130)
Washington requires overtime at 1.5 times the regular rate for hours worked over 40 in a workweek.
B. Washington Wage Payment Act Violations (RCW 49.48)
1. Timely Payment (RCW 49.48.010)
Employers must pay wages on regular paydays at least monthly. [Describe any violation.]
C. Washington Wage Rebate Act - Double Damages (RCW 49.52.050, 49.52.070)
1. Willful Withholding (RCW 49.52.050)
Willfully withholding wages is a misdemeanor in Washington, demonstrating the seriousness of wage violations.
2. Mandatory Double Damages (RCW 49.52.070)
Any employee whose wages are withheld in violation of RCW 49.52.050 is entitled to recover twice the amount of wages withheld. This is mandatory; the court has no discretion.
D. FLSA Violations
1. Enterprise Coverage
[Company Short Name] is subject to the FLSA because it is an enterprise engaged in commerce with annual gross sales of at least $500,000. 29 U.S.C. Section 203(s)(1)(A).
V. DAMAGES CALCULATION
A. Washington and FLSA Damages
Relevant Period: [Start Date - 3 years prior to anticipated filing] to [End Date / Present]
Total Weeks in Period: [X weeks]
1. Unpaid Overtime
| Period | Avg. OT Hours/Week | Regular Rate | OT Rate (1.5x) | Unpaid OT/Week | Weeks | Total |
|---|---|---|---|---|---|---|
| [Period 1] | [X] | $[X.XX] | $[X.XX] | $[X.XX] | [X] | $[Amount] |
| Unpaid Overtime Subtotal | $[Amount] |
2. Unpaid Minimum Wage / Tip Credit Violations
| Period | Hours Below MW | Shortfall/Hour | Weeks | Total |
|---|---|---|---|---|
| [Period] | [X] | $[X.XX] | [X] | $[Amount] |
| Minimum Wage Subtotal | $[Amount] |
3. Missed Rest Breaks
| Missed Breaks/Week | Premium Rate | Weeks | Total |
|---|---|---|---|
| [X] | $[X.XX] | [X] | $[Amount] |
B. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| Washington Double Damages (RCW 49.52.070) | $[Amount] |
| Pre-Judgment Interest | $[Amount] |
| Attorney's Fees (mandatory) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL INDIVIDUAL DAMAGES | $[Amount] |
C. Class Action Exposure
If this case proceeds as a class action:
| Category | Individual | Estimated Class Size | Total Exposure |
|---|---|---|---|
| Unpaid Wages | $[Amount] | [X employees] | $[Amount] |
| Double Damages | $[Amount] | [X employees] | $[Amount] |
| Class Exposure | $[Amount] |
VI. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name].
This demand includes:
- Unpaid wages
- Double damages as mandated by RCW 49.52.070
- Pre-judgment interest
- Attorney's fees and costs incurred to date
This demand will remain open for twenty-one (21) days from the date of this letter, expiring on [Response Deadline Date].
VII. RESPONSE AND LITIGATION
If we do not receive a satisfactory response by the deadline, we will file suit in:
[ ] Washington Superior Court, [County] County
[ ] United States District Court for the Western District of Washington
[ ] United States District Court for the Eastern District of Washington
The Complaint will seek:
1. Unpaid wages under RCW 49.46 and RCW 49.48
2. Unpaid overtime under RCW 49.46.130
3. Mandatory double damages under RCW 49.52.070
4. FLSA liquidated damages under 29 U.S.C. Section 216(b)
5. Mandatory attorney's fees and costs under RCW 49.48.030
6. Class certification under CR 23
VIII. DOCUMENT PRESERVATION
LITIGATION HOLD NOTICE
[Company Short Name] must immediately preserve all documents and ESI relevant to these claims, including:
[ ] Time and attendance records
[ ] Payroll records and pay stubs
[ ] Personnel files and job descriptions
[ ] Employee handbooks and policies
[ ] Scheduling records
[ ] Communications regarding pay practices
[ ] Training materials
[ ] Prior L&I investigations
[ ] Tip and service charge records
[ ] Break records
Spoliation of evidence will result in severe sanctions.
IX. CONFIDENTIALITY
This letter is a confidential settlement communication protected under Washington Evidence Rule 408 and applicable evidentiary privileges.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[WSBA No.]
Enclosures:
[ ] Authorization to Represent
[ ] Pay stubs / wage statements (sample)
[ ] Time records (if available)
cc: [Client Name] (via email)
WASHINGTON-SPECIFIC PRACTICE NOTES
[ ] No Tip Credit: Washington does NOT allow tip credits; full $16.28/hour minimum must be paid
[ ] Mandatory Double Damages: RCW 49.52.070 requires double damages; court has no discretion
[ ] Criminal Penalties: Willful wage withholding is a misdemeanor under RCW 49.52.050
[ ] High Minimum Wage: $16.28/hour (2024); tied to CPI and increases annually
[ ] Mandatory Breaks: 30-minute meal period for 5+ hours; 10-minute rest break per 4 hours
[ ] Seattle/SeaTac: Higher local minimum wages may apply
- Seattle: $19.97/hour (large employers, 2024)
- SeaTac: $19.71/hour (hospitality/transportation)
[ ] Department of Labor & Industries: L&I handles wage claims
- Website: lni.wa.gov
- Phone: (866) 219-7321
[ ] Agricultural Workers: Special overtime rules under RCW 49.46.130(2)
[ ] Court Venue:
- Superior Court: Primary venue for state claims
- Western District (Seattle, Tacoma): Western Washington
- Eastern District (Spokane, Yakima): Eastern Washington
[ ] Service Charges: RCW 49.46.160 requires disclosure of service charge distribution