Legal Question in Civil Litigation in California

Re: Non-payment of overtime

Address it with your boss first. If you get no satisfaction, then make a claim with the payroll department. Finally, make a claim with the CA Department of Labor (EDD). Make sure to document all the overtime that you worked for which you are making a claim.

Re: Non-payment of overtime

You generally have two routes to recover unpaid overtime. The first route involves the Labor Commissioner. In that situation, the Labor Commissioner goes after your employer, with an administrative lawsuit. In the event that your employer loses, this can become a judgment against the employer in a court of law, enforceable as any other money judgment.

The second route is to hire an attorney, who would file a lawsuit against your employer, seeking the unpaid overtime, attorneys fees, and statutory penalties.

The problem with both of these scenarios, is that the employer tends to retaliate against the employee. Althought this is also illegal, it becomes uncomfortable for the employee to continue working.

Please be advised that unpaid overtime has a special set of rules that governs the statute of limitations. The statute of limitations accrues for each pay period, and is deemed a separate violation. This means that if you wait too long, you will lose the right to recover the earliest unpaid overtime, and your eventual recovery will diminish.

Very truly yours,

Re: Non-payment of overtime

either resolve it with the company, or file a claim with the Labor Commissioner. If it is a substantial amount, or if there are numerous employees being shorted as if by scheme, consider hiring counsel to represent you in the legal action. Feel free to contact me if interested in doing this right.

Re: Non-payment of overtime

If you and others have been cheated, feel free to call or email for a free consultation. You have several options.