Below are some of the common questions workers and businesses ask L&I.

Getting paid

• How often must workers be paid?

  Businesses must pay workers on regular established paydays at least once a month.

• Can workers file complaints if they are not paid or do not get other workplace rights?

• Is a business required to give pay raises?

  No, except if the worker is paid minimum wage. By law, Washington’s minimum wage must be adjusted for inflation each January 1.

• Can a business require workers to sign up for direct deposit of their pay?

  Yes, as long as there is no cost to the workers.

• What does "hours worked" mean?

  "Hours worked" means all hours during which the worker is authorized or required by the business to be on the premises or at a prescribed work place. This could include travel time, training and meeting time, wait time, on-call time, and time for putting on and taking off uniforms, and also may include meal periods.

Overpayments

• The business may make adjustments for overpayment of wages on a worker’s paycheck ...

  ...but only if the overpayment is for the wrong wage or the wrong number of hours worked. For example: If the worker’s agreed wage was $10 per hour, but the worker was paid $11 per hour, the business could adjust the worker’s next paycheck to repay the $1 per hour overpayment. Or if the worker worked 72 hours but was paid for 80 hours, the business could adjust the worker’s next paycheck to compensate for the eight hour overpayment.

• The business must find and correct an overpayment within 90 days of the first occurrence.

  Those overpayments not detected within 90 days of the first occurrence may not be adjusted from future wages.

• Before any adjustment is made on a paycheck...

  ...the business must provide advance written notice to the worker, documentation showing the overpayment, and the terms of the overpayment adjustment (i.e., one adjustment, or a series of adjustments in future pay periods). No written authorization from the worker is required.

• Overpayments from public employee wages ...

  ...are governed by a separate law: RCW 49.48.200-220.

Show-up pay

• Is a worker entitled to "show-up pay" if the business asks them to show up for work, but then sends them home?

  A business is not required to pay workers if they report for their shift but are told they are not needed that day. Only actual hours worked must be paid.

On-call pay

• Is a worker entitled to "on-call pay" if the business requires workers to be available to a phone, if needed, to return to work on an emergency basis?

  Generally on-call pay does not have to be paid unless the worker is actually called back or receives a phone call at home that will fix the problem, which would be considered hours worked.

Shift differential

• Is a worker entitled to an additional wage (for example an extra 25 cents per hour) for working a specific shift or difficult task (like working the night shift or drivinga hazardous chemicals truck)?

  If a business chooses to offer employees a shift differential for certain shifts or for hazardous duty, it becomes part of the agreed-upon wage and must be included in any overtime calculation when employees work more than 40 hours per week. Businesses also may add to or change duties performed by workers any time.

Per diem or other expenses

• Does a business have to pay for meals, lodging, fuel, toll fees, etc., for a worker while on the job?

  Meals, lodging, fuel, toll fees, purchases for the business by the worker are benefits given by the business at its own discretion.

 

For more detail, see L&I Administrative Policies and WACs:
Definition of Wage (ES.A.2). (11 KB PDF)
Adjustments for overpayments - WAC 296-126-030