Legal Question in Employment Law in California

Re: overtime and electronic time recorded

If I understand your email correctly, you are being paid one check for the first 40 hours and a second check for the overtime hours, paid at straight time which, of course, if illegal. An experienced labor law attorney in your area should be able to help you ferret out what evidence you have to prove the overtime violations and what your legal options are, i.e. Labor Commission vs. Court. A new law, referred to as the private Attorney General Act, adds to the tools attorneys have to go after employers who cheat employees out of wages and other rights.

As for the EDD appeal, you should only be denied benefits if you were fired for misconduct or quit without good cause. If you believe you are entitled to benefits, you may have an attorney go with you to the hearing.

Re: overtime and electronic time recorded

Retain an attorney. Overtime is to be paid on time worked in excess of 40 (at least time and a half) Employer will be required to PROVE the time actually worked. If they did not keep that time and you can have a witness, ie., possibly other employee/former-employee, take them with you to the hearing. Retention of counsel would be wise, depending on loss.

Re: overtime and electronic time recorded

You can file a claim for unpaid wages with the Labor Commissioner. You have the burden of proof as to how many hours you worked. You can do that through written records or witnesses. You can hire an attorney to help you.