Legal Question in Employment Law in California

OT Pay/hostile work enviroment

I worked for a company for 2 1/2 years, for the last year I was working 10-13 hours a day six days a week. I was not paid overtime, I was either given my normal wage in cash or a check from his other business so he wouldnt have to pay me overtime. I was also not aloud to take lunch or breaks. Due to fincial dificulties I couldnt risk losing my job persuing my OT. I recently gave two weeks notice because I found a better job, then quit after a week because of being harassed.Do I have any recourse to collect OT. Or at least have the employer investigated so he can't do it to anyone else?


Asked on 7/20/00, 2:41 am

2 Answers from Attorneys
Stuart Kaye Law Offices of Stuart M. Kaye

Re: OT Pay/hostile work enviroment

The statute of limitations for overtime pay in California is three years. Your time period fits within that period. You may also have a claim for wrongful termination.

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Answered on 9/11/00, 8:52 pm
Thomas Pavone Pavone & Cohen

Re: OT Pay/hostile work enviroment

You have a claim for the unpaid overtime. In addition, Section 202 and 203 of the California Labor Code provides for a penalty of up to 30 days additional pay for failure to pay an employee for all wages due upon separation of employment. If you require any assistance, feel free to contact my office.

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Answered on 9/12/00, 5:36 pm


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