Legal Question in Employment Law in California

My employer is being sued by a former employee. She has recently created a form she wants us to sign absolving her of any overtime due. She brought out all time cards for 2013 only and wanted us to tell her what overtime she owes us. She says all other years time cards are "lost" .


Asked on 12/19/13, 12:03 pm

1 Answer from Attorneys

Kristine Karila Law Office of Kristine S. Karila

Your employer has a legal duty to keep time records for at least 3 years. If you believe that you worked over 8 hours in a workday or over 40 in a workweek, and you did not get paid overtime, don't sign the form. If you worked 7 consecutive days in a workweek, you should have gotten time and one-half for the first 8 hours and double time after that. Overtime is paid to nonexempt employees. If you believe you may be owed overtime, don't sign the form and if she retaliates against you for it, you may have a good case for unlawful retaliation/wrongful termination. Call an employment law attorney to discuss if you believe you are owed overtime or if you want the form analyzed as to your rights. Also, overtime claims go back 3 years and in some cases, four years. So, if you were owed overtime in the past 4 years and wee not paid, you can pursue getting all of it. If you were employed over 4 years, you can only go back 4 years from the date your lawsuit is filed.

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Answered on 12/19/13, 2:06 pm


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