Legal Question in Employment Law in California
I live in CA and last January i signed a contract stating that i would get a differential pay for my overnight shift. 7 paychecks wern't paid with my differential pay and i noticed this in december after going through all my pay stubs. I told the payroll deparment at the end of december and still havn't gotten paid for the retro pay. Do i have a claim or what kind of regulations is my employer held to?
2 Answers from Attorneys
You have a right to be paid any overtime that you are owed. You would have to enforce that right either through small claims court or in a proceeding before the CA Labor Commission.
It is always difficult to sue your former employer. I would probably continue pushing the payroll department to fix this error, and pursue your claims before either the court or the commission only as a last resort. Technically, your employer cannot fire you for pursuing the claim, but some do and risk being sued.
If you can prove you were promised and due the pay as a condition of taking the new shift [your contract should be that proof], you can file a claim with the Labor Commissioner for the unpaid amount, plus interest and penalties. If you win, you are entitled to your attorney fees as well. If this involves enough money to justify getting counsel, and if serious about hiring counsel to help in this, feel free to contact me.
Related Questions & Answers
-
Can an employer be sued if they lay off their only Black employee? Asked 2/26/13, 8:48 pm in United States California Labor and Employment Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
