Under Washington and federal labor laws, a non-exempt employee who is misclassified as exempt may be able to sue their employer for unpaid wages, interest, damages, and attorney’s fees. The difference between an exempt employee and non-exempt employee is that some employees are not subject to state and federal labor laws, including overtime, rest breaks, and meal breaks.

Exempt employees can include executive, administrative, and professional employees. This is known as the so-called “white-collar” or “executive” exemption. Other exempt workers may include independent contractors and outside salespersons.

Exemption status is not based on job title alone. A job title with “executive” or “administrative” or “professional” does not necessarily mean that the job qualifies for an exemption. Similarly, just because an employee is paid a regular salary does not automatically make them exempt from Washington labor laws.

SGB attorneys have skill and experience in determining whether a worker has been misclassified as exempt. This is often a fact-intensive inquiry—meet with one of SGB’s knowledgeable attorneys to make the right determination. SGB lawyers are committed to ensuring that employers pay employees everything they are owed.

Let us help.

There is no charge for us to review your potential claim. If we take the case, we do so on a contingency basis and we advance all the costs of the litigation. Class action plaintiffs are not responsible for fees or costs, and we only recover our fees and costs if we are successful in obtaining relief for the class through judgment or settlement. Contact us for a free, confidential case review at (800) 809-2234 or (206) 622-8000.