Legal Question in Employment Law in California
Overtime pay to 45 hour weekly employees never paid and payroll procedure change
My unique situation involves pay issues covered by a bargaining agreement. Payroll did not honor the differential and overtime pay. The Local AFL-CIO union quit, the employer eventually changed the payroll procedure hours to comply with state and federal overtime wage law but, the employer did not reimburse all the employees that were entitled to time and one-half for hours worked in excess of 40 weekly.
Can an investigation be initiated to validate the changes in the payroll procedure during the company's existence? Can't the employer be made to reimburse past employees for improper payment of wages prior to the payroll change? Is there a time limitation?
1 Answer from Attorneys
Re: Overtime pay to 45 hour weekly employees never paid and payroll procedure ch
If the employer is not a government entity (city, county, state university, etc.), the time limitation goes back three years. If the entity is a private employer the time limitation is 4 years. Yes you can sue to force the employer to reimburse all employees. You can initiate a claim with the Labor Commissioner or through the courts. These days it is better to file a lawsuit, as the Labor Commissioner is understaffed and has put a dollar limitation on the cases they accept. If you have further questions, feel free to email or call my office at 415-522-5200. Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
