Legal Question in Employment Law in California
I am paid hourly but do not receive OT. I never complained because I knew I'd be fired. Our S-Corp is about to be bought by a large corp.Is it too late to go to the labor board with this?
3 Answers from Attorneys
you can make a claim for the last three years of compensation.
I didn't check the books but it may be four years. It's at least three.
The statute of limitations for wage claims, including unpaid overtime is 3 years and 4 if your attorney raises an additional claim for unfair business practices. This can be done if there are facts to support the additional claim. As such, it is not too late if the statute of limitations has not expired. Act quickly and retain legal counsel to send a demand letter to your employer and negotiate a settlement. Filing a claim with the Labor Commissioner is only 1 option and may delay a settlement. If you retain legal counsel and don't file a claim with the Labor Commissioner, the law states that your employer "shall" pay your attorney. Many of us offer a free initial phone consultation and may be able to help you at no cost to you.
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