Legal Question in Employment Law in California

How far back do employer have to pay for retropay of botched overtime hours?

How far back does an employer have to pay for retroactive pay for overtimes hours worked? If the employer has not complied with the state laws of overtime pay and is forced to pay out how far do they go back to pay? In my present sitiuation it seems as if they should go back to when it first started up until the present which would be 11-12 yrs. They said the payments should be set up one way and it wasn't and now it seems as if the overtime pay has been wrong all along.


Asked on 6/16/04, 7:21 pm

2 Answers from Attorneys

Thomas Pavone Pavone & Cohen

Re: How far back do employer have to pay for retropay of botched overtime hours?

Generally the statute of limitations for overtime claims is 3 years. In some circumstances, a 4 year statute may apply. Call or email me if you would like to discuss your claim in more detail

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Answered on 7/02/04, 7:05 pm
Terry A. Nelson Nelson & Lawless

Re: How far back do employer have to pay for retropay of botched overtime hours?

max lookback is three years at the Labor Commissioner. If you need counsel to assist and represent you in the hearings and trial, feel free to contact this office.

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Answered on 7/02/04, 7:34 pm


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