The holiday season often brings a surge in business across many industries—retail, delivery, warehouse, hospitality, and more. To meet the demands of the holiday rush, employers often ask workers to take on more extended hours, work extra shifts, or be on call. While this can be an opportunity to earn more money, it also raises an important question: Are you being paid the overtime you’re owed?
At Palace Law, we’ve worked with countless Washington workers who weren’t paid fairly for their time. If you're working extra hours this holiday season, here’s what you need to know about your rights and what to do if your employer isn’t following the law.
What Counts as Overtime in Washington?
Under federal and Washington state laws, most hourly workers are entitled to overtime pay when they work more than 40 hours in a single workweek. The minimum overtime rate is 1.5 times your regular hourly rate—“time and a half.”
For example, if you make $20 per hour and work 45 hours in a week, you should be paid:
- $20/hour for the first 40 hours = $800
- $30/hour for the extra 5 hours = $150
- Total: $950 for the week
It doesn’t matter if your employer says they have a different “pay period” or expects you to be flexible during the holidays. You may be legally owed overtime if you’re over 40 hours in a single week.
Washington state also provides stronger protections than federal law in some areas, including which salaried workers qualify for overtime. If you’re in a supervisory or administrative role, don’t assume you’re exempt—Washington law might say otherwise.
Common Holiday Overtime Violations
Unfortunately, many workers aren’t paid correctly during the busy season. Here are some common violations we see:
- Misclassifying employees as salaried to avoid paying overtime.
- Expecting off-the-clock work, like answering texts or emails after your shift.
- Not tracking all hours worked, especially for remote or hybrid roles.
- Failing to include bonuses or shift differentials in the overtime rate.
- Offering "comp time" instead of paying overtime (which is usually not allowed in the private sector).
Some employers may genuinely misunderstand the law. Others may knowingly cut corners. Either way, it’s your paycheck—and your rights—that are on the line.
What You Can Do If You’re Not Being Paid Fairly
Start by tracking your hours. Use a notebook, app, or calendar—anything that helps you document when you worked and how much you were paid. Pay stubs, schedules, and communication from your employer can also help support your claim.
If you suspect something’s wrong, talk to an employment law attorney. You may be entitled to recover unpaid wages, interest, penalties, and legal fees. And you’re not required to confront your employer directly before seeking legal help.
At Palace Law, we’ve helped workers across Washington recover the wages they were denied—whether from missed overtime, unlawful deductions, or wage theft. We understand how employers try to avoid their responsibilities, and we know how to fight back.
Washington and Oregon Workers’ Compensation Attorneys
If you’re working extra hours this holiday season, don’t leave money on the table. Know your rights, track your time, and make sure you’re getting paid what you’ve earned.
Palace Law is here to help. Our experienced employment law team offers free consultations, and we don’t get paid unless you do. If you think your employer isn’t paying overtime correctly or want answers, call us or visit www.palacelaw.com today.
