Misclassifications & Exemptions

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.