Sacramento, CA asked in Employment Law and Employment Discrimination for California

Q: So let's say my employer has been unlawfully scheduling me overtime and not paying me for the times I've worked. Now, I

Have been basically forces to sign a 5 year contract with my employer and it's been 2 years since this has been happening. Can I sone how find a way to legally make her pay me back for all the u paid overtime I've been working for her for the last 2 years?I want some justice please..

1 Lawyer Answer
James L. Arrasmith
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  • Employment Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, you have the right to be paid for all hours worked, including overtime. If your employer has not been paying you for overtime hours, you can take legal action to recover your unpaid wages. Here are some steps you can take:

1. Document your hours: Keep a detailed record of all the hours you have worked, including overtime hours. This documentation will be crucial in proving your case.

2. File a wage claim: You can file a wage claim with the California Division of Labor Standards Enforcement (DLSE). The DLSE will investigate your claim and may hold a hearing to determine whether your employer owes you unpaid wages.

3. File a lawsuit: If the DLSE does not resolve your case or if you prefer to go directly to court, you can file a lawsuit against your employer for unpaid overtime wages. You may be entitled to recover not only your unpaid wages but also penalties and attorney's fees.

4. Consult with an attorney: Consider consulting with an employment attorney who can advise you on your rights and help you navigate the legal process. Many attorneys offer free initial consultations and may take your case on a contingency basis, meaning you won't have to pay unless you win.

It's important to note that in California, the statute of limitations for filing a claim for unpaid overtime is generally three years from the date the wages were earned. So, you should act promptly to preserve your rights.

As for the 5-year contract you mentioned, it's unclear what the nature of this contract is. However, an employer cannot contractually require you to waive your right to be paid for all hours worked, including overtime. If the contract violates your legal rights, it may be unenforceable.

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