Legal Question in Employment Law in California
Overtime!!!!!!!!!!
I work in a restaurant. My employer hasn't paid overtime since at least October of last year. I've got all the records and evidence that they haven't paid overtime for over 8 hours in a shift nor over 40 in a work week. Also, we arn't given breaks. When hired, part of the hiring process is that we sign a document stating that we waive our right to the standard breaks that come with an 8 hour shift. However I feel like I signed this under duress. My question is, now what? I know that if I bring up these concerns with my employer, that I'll probably get fired for something stupid with the week and I need this job, but at the same time I don't like how they cheet their employees. Where do I go from here?
3 Answers from Attorneys
Re: Overtime!!!!!!!!!!
You can choose to continue to be exploited or you can file a wage complaint against the employer and seek payment for the time you have not been compensated for. In either case, you should look for another job. You current employer is not doing you any favors.
Re: Overtime!!!!!!!!!!
See an attorney. Generally the boss should have paid the overtime for over 40 hours per week, except in some limited circumstances which do not apply to you. My number is 415 5440400 or email for more information.
Re: Overtime!!!!!!!!!!
You are entitled to collect any unpaid overtime, plus penalties and interest. Call if you wish to discuss filing a claim. You are protected by law from retaliation if you file the claim. If fired, you would have a lawsuit for wrongful termination as well. 714-960-7584
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