Q: Am I entitled to back pay of my overtime that had been ignored for the past 2 years??

A: Under California law, you may be entitled to receive back pay for unpaid overtime if it has been overlooked in the past two years. California's labor laws require employers to pay overtime at 1.5 times the regular rate of pay for all hours worked over 40 in a workweek or over 8 hours in a workday. If you worked more than 12 hours in any single day, the rate goes up to double your regular pay.

It's important to gather evidence such as timesheets, pay stubs, and any communication related to your working hours and pay. This documentation can support your claim if you decide to pursue back pay for the overtime you worked but were not compensated for.

If you believe your employer has failed to pay you the overtime you are owed, you might consider filing a claim with the California Labor Commissioner's Office. This state agency can investigate your case and assist in recovering unpaid wages. Additionally, consulting with an attorney experienced in labor law can provide you guidance tailored to your specific situation.

A: If you were entitled to overtime, and it was not paid to you, you can bring a legal claim to get the money that should have been paid to you, plus interest and attorney fees you incur to collect that money. If you file a lawsuit and the failure to pay the OT is determined to be an unfair business practice, you can reach back four years to get unpaid wages including OT. If you file an administrative wage claim with the Labor Commissioner's Office, you can go back three years from the date of the filing of that claim.

There are pros and cons to going one route or the other. It would therefore be a good idea 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 in the Find a Lawyer section, 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 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.