Los Angeles, CA asked in Employment Law for California

Q: Years back I got written up for working off the clock but they didn’t give me retroactive pay like they did recently

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2 Lawyer Answers
James L. Arrasmith
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A: If you were written up for working off the clock, your employer should have paid you for all hours worked, even if it was outside of your scheduled time. California labor law requires that employees be paid for all the time they are performing work duties, regardless of whether it's on or off the clock. If you weren’t compensated for that time, it may be a violation of wage and hour laws.

You can bring this issue to your employer’s attention, especially since they have recently provided retroactive pay to others. Point out the inconsistency in their actions, and ask to be compensated for the hours you worked off the clock in the past. Sometimes, companies may overlook past errors, but it's within your rights to request payment for any unpaid wages.

If your employer refuses to correct the situation, you may want to explore further steps. This could include filing a wage claim with the California Labor Commissioner or seeking legal advice to ensure you are paid fairly for your time.

A: You say this happened "years back." There is a statute of limitations that might bar your attempt your attempt to recover that money. You can only go back three years to get that money if you pursue your rights in the Labor Commissioner's Office, or four years if you go the lawsuit route. It the money should have been paid before those deadlines, you have lost your right to pursue the money. Good luck to you.

Maurice Mandel II agrees with this answer

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