Legal Question in Employment Law in California

Re: Backpay of Unpaid Overtime

Yes, you should be paid for your overtime, provided that you were a non-exempt employee. The difficulty will be explaining your decision to sign the agreement. You will need either actual records of your hours worked, or testimony from other employees establishing your hours. Please feel free to see our website our call me with any questions.

J.E.B. Pickett

Righetti Wynne

(800) 447-5549

Re: Backpay of Unpaid Overtime

You need to select an attorney with substantial experiance in Wage & Hour Law. The release will be void as to your unpaid overtime (although the employer may be entitled to credit for the severence pay depending on the language of the release). California law does not recognize the validity of a release for unpaid wages unless ALL wages due the employee are paid IN FULL. If you were not paid in full for all wages, including the unpaid overtime, upon termination you may also be entitled to a penalty of up to 30 days pay. If you are in Southern California, my firm can help you.

Re: Backpay of Unpaid Overtime

If your agreement covered overtime and compensation issues, you probably waived your right to make this claim. If the agreement didn't, then you MAY have the right to bring a a claim.