Legal Question in Employment Law in California

Re: Employer Demands But Refuses to Pay for Overtime

1.You should ask your employer to be paid the

overtime that you are owed. However, given that

you have already been refused, it is likely that

your boss will react in a hostile manner and will

retaliate. You should put your request in

writing and if possible have a witness who would

be willing to testify later on, if that should

prove necessary. If you are concerned about

losing your job, you may want to keep a detailed

record of the hours you work and then make a

demand when you are ready to move to another job.

You can go back three years on this kind of a

claim.

2. See above.

3. You can file with the Labor Commissioner.

4. Yes, and your employer would be liable for not

only lost wages, but also emotional distress and

punitive damages. However, if your employer is a

small business person your case may not be worth

that much because your employer does not have the

ability to pay, even if you get a big judgment.

Re: Employer Demands But Refuses to Pay for Overtime

Requesting your overtime pay should not jeopardize your job. If it does, then as you have asked, an employee has a claim for wrongful termination, when terminated as a result of requesting overtime pay. First make a written request to your employer showing the overtime hours you worked and requesting the appropriate compensation. If that fails, file a claim with the Labor Commissioner.