Yuba City, CA asked in Employment Discrimination for California

Q: I worked 96hours and wasn’t paid over time? I worked my normal 40hrs a week and picked up another 8 hour shift each week

Asked my boss he said he would apply it to my next check.i got it and I only seen an extra 4hours on my check at regular pay!? Is this correct?

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2 Lawyer Answers

Neil Pedersen

Answered
  • Employment Law Lawyer
  • Irvine, CA
  • Licensed in California

A: It sounds like you have been underpaid.

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.

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.

Louis George Fazzi

Answered
  • Employment Law Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: I suggest you go to the California Department of Industrial Relations and file a claim for unpaid overtime wages.

Cut and paste this link to take you to their website:

https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

The folks at the Labor Commissioner's Office (which is where I am referring you) are the real professionals at dealing with these kinds of issues. That is their job: to make sure you get paid everything you are owed. In addition to doing that, you can contact any lawyer who is a member of CELA (California Employment Lawyers Association) and ask someone if they would help you. By law, any lawyer who on your behalf helps you recover wages or overtime money you are owed is entitled to recover the attorney's fees you incur in your efforts to get paid what you are due, so you should not have to go out of pocket to get the assistance of a good lawyer. Most such lawyers know the law in this field and know what has to be done to get you the maximum amount that is due you.

Good luck to you.

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