Q: I noticed an error on my recent paystub where my OT hours were paid to me as Regular rate. Reported that to my employer
I noticed an error on my recent paystub where my OT hours were paid to me at my Regular pay rate. Reported that to my employer immediately and I was told he would send me a check for the amount that was missing. Its been a week and I haven't received any checks and no additional update from their side.
A:
If you've already notified your employer about the paystub error and haven't received the owed amount, the next step is to follow up with them. It's advisable to send a written reminder, such as an email or letter, clearly stating the issue and the expectation for the correction. Documenting your communications is important in case further action is required.
In California, employers are required to promptly correct any payroll errors. If your employer continues to delay or fails to pay the additional amount owed for overtime, you may consider escalating the issue. You have the option to file a wage claim with the California Labor Commissioner's Office or seek legal advice to understand your rights and potential remedies under California employment law.
Remember, it's important to act within the statutory time limits for wage claims. Keeping detailed records of your overtime hours, paystubs, and any correspondence with your employer regarding this issue will be beneficial if you need to take further action.
A:
Mistakes happen and California law allows employers to make unintentional pay mistakes without consequences. As long as the employer fixes the mistake before or on the next pay period. there is likely no legal case.
If you can determine that this action was not a mistake, then penalties can likely be available.
Wait to see of the money shows up on the next pay check after you informed them. It not, locate and consult with an experienced employment law attorney 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 offer a free or low-charge consultation and then if the matter has merit and sufficient value, they 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.
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