Q: How to find out if I have a case? For unpaid overtime

A: Whether you are entitled to overtime or not will depend on how many hours you worked in each workday, and how many hours you worked in each workweek of the pay period.

Most employees are entitled to overtime whenever they work more than 8 hours in any single workday, or more than 40 hours in a single workweek, or the first 8 hours if working seven consecutive days in the same workweek. Double time overtime is earned when they work more than 12 hours in a single workday or after the first 8 hours of the seventh consecutive workday of a workweek.

Note, these rules talk about workdays, not shifts.

If you believe you should have been paid overtime and the employer is not paying you properly, you should start by talking to your employer to determine if it was simply a mistake. If that does not resolve the issue, then it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.