Legal Question in Employment Law in California
Statement and earnings / overtime pay
I had asked my employer for my pay statements for the past year as far as the deductions. I have not yet received any imformation from them. see i filed a workmens comp claim because i was injured and my employer said right off the bat where going to have to let you go. well i've sent her a letter asking for the information. aren't employers suppost to pay overtime. I put in a good 100+ hrs no wonder i ended up hurt. but she still has not given me that information.
1 Answer from Attorneys
Re: Statement and earnings / overtime pay
Employers are legally required to provide a statement of earnings and deductions with each paycheck issued. Failure to do so could result in a penalty for each paycheck that does not show the deductions.
It is unlawful for an employer to fire an employee because they got hurt on the job.
If you are an hourly employee, of course you should have been paid overtime for all hours worked over 8 hours a day or 40 hours a week.
You should go to the nearest Labor Commissioner's office and file a claim, or seek the help of a labor law attorney near you.
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