An Employees Guide to Overtime Wage Claims in CA

Numerous employers do not pay staff members correctly. In a lot of years, the Department of Labor gets roughly 35,000 grievances from staff members about unsettled salaries or advantages. These are some ideas to make sure you are being paid properly.

Keep a record of your hours independent of those that your company may keep. Lots of companies cannot have adequate record keeping systems so it is often your word versus the employer’s word; and you are provided the advantage of the doubt.

If the Company has a policy and procedure manual, review it and keep it in a safe place at your office or home. Read what it says about hours and overtime pay. If your Company is not following its own policy, talk to someone at HR about it. For example, some companies have a policy that overtime must be licensed by a supervisor. If you are working overtime without permission, you might not have the ability to enforce your claim.

If your Company regularly assigns overtime work and you want it but do not get it really typically, make notes about who gets the overtime. This could be the basis for a discrimination grievance if, for example, overtime is only given to white males and the workforce is more varied.

If you are paid more than $455 weekly and not paid overtime for work over 40 hours weekly, your task duties might not qualify your employer to excuse you from overtime. There are a variety of exemptions to overtime laws for executives, administrators, or professionals, however it makes good sense to find out if you have been properly classified. For instance, if you have no hiring or firing authority, if you do not monitor two or more employees or if you have no authority to make independent choices that impact the management of the company you are working for, you might not be exempt no matter what title your employer gives you. “Executive Administrative Assistant” does not suggest you are an exempt employee if your task responsibilities are limited to responding to phones, typing letters and ordering office supplies.

Do not wait to make a claim once you believe you are not being paid properly. In most cases, overtime salaries can be recovered for 2 years. In cases where the company can be revealed to have understood he was not paying his staff members properly and was doing it anyway, you might have the ability to return 3 years. But do not wait more than 2 years because your claim may be lost. As quickly as you realise that you are not being appropriately paid you ought to inform your employer. If he does not treat the problem or if he gives you a description that you do not believe is accurate you should talk to a lawyer.

If you grumble, do it in writing. Write an email or a memo or a letter to your employer and date it. If it is dated or time stamped there is no way the company can later declare he was not knowledgeable about the claim.

Do not be arrogant or confrontational or make threats about filing a claim if you make a claim. If the employer is advanced he will typically understand what will happen if he fails to remedy the problem. If the company genuinely thinks, for instance, that you are exempt, he ought to check out your claim, consult his legal representative and get back to you with an explanation. If you are not pleased with his explanation, seek advice from your very own legal representative. Not all cases of exempt employees are black and white.

If your company changes your task responsibilities to include supervision of two or more workers or otherwise tries to make you an exempt staff member after you have complained, you need to let him understand that you are still entitled to past overtime salaries for the period you were misclassified.

If all else fails, sue your company if he chooses not to pay you correctly or if he ends you. Retaliation is unlawful and will entitle you to a variety of damages in addition to your overtime incomes. You do not need to bring your claim to the Department of Labor or to the EEOC. You can go straight to court.

Prior to you speak with a lawyer, gather all your papers and made a breakdown of the hours worked in each week in which you declare you are entitled to overtime pay.
If you wish to understand more about unpaid wages lawsuits or overtime pay you can go to for additional information.