Unpaid Contract Wages (WA State)

Unpaid Contract Wages (WA State)


Under Washington State labor regulations, what are employee remedies for unpaid contract wages? Here’s my point of view.

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UNPAID CONTRACT WAGES — BLACK LETTER LAW

The applicable law is found under both RCW 49.52.050 and .070Rebates of Wages and Civil Liability for Double Damages, respectively. The relevant portions of RCW 49.52.050 state as follows:

[RCW 49.52.050 – Rebates of wages–False records–Penalty.]

Any employer or officer, vice principal or agent of any employer, whether said employer be in private business or an elected public official, who

(1) Shall collect or receive from any employee a rebate of any part of wages theretofore paid by such employer to such employee; or

(2) Willfully and with intent to deprive the employee of any part of his or her wages, shall pay any employee a lower wage than the wage such employer is obligated to pay such employee by any statute, ordinance, or contract[ ] …

Shall be guilty of a misdemeanor.

Id. (emphasis and paragraph formatting added). The relevant portions of RCW 49.52.070 state as follows:

[RCW 49.52.070 – Civil liability for double damages.]

Any employer and any officer, vice principal or agent of any employer who shall violate any of the provisions of RCW 49.52.050(1) and (2) shall be liable in a civil action by the aggrieved employee or his or her assignee to judgment for twice the amount of the wages unlawfully rebated or withheld by way of exemplary damages, together with costs of suit and a reasonable sum for attorney’s fees: PROVIDED, HOWEVER, That the benefits of this section shall not be available to any employee who has knowingly submitted to such violations.

RCW 49.52.070 (emphasis and hyperlink added).

UNPAID CONTRACT WAGES — CASE LAW

The court in Clipse v. Commercial Driver Services, Inc., 189 Wn.App. 776, 358 P.3d 464 (Wash.App. Div. 2 2015), found that RCW 49.52.050(2) prohibits an employer from paying an employee a lower wage than the wage such employer is obligated to pay such employee by any statute, ordinance, or contract. Clipse, 189 Wn.App. at 776 (internal citation and quotation marks omitted) (emphasis added).

The court further determined that RCW 49.52.070 creates civil liability, including double damages, costs, and attorney fees, for violations of RCW 49.52.050. Id.

CONCLUSION

Under Washington State labor regulations, employee remedies for unpaid contract wages can include double damages, costs, and attorney fees.



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