Legal Question in Employment Law in California

Re: Umpaid overtime pay for past 3 years

You are entitled to OT for over 8 per day and 40 per week. If you request all the past due unpaid pay and they refuse, contact me to discuss pursuing an unpaid OT claim. You get to 'look back' for three years of unpaid compensation, so this could be a large amount owed.

Re: Umpaid overtime pay for past 3 years

If you are properly classified as an hourly, non-exempt employee, you may be entitled to OT for any work that is more than 8 hours per day or more than 40 per week (this assumes that you are not subject to a Union or Collective Bargaining Agreement.)

If your employer refuses to pay you, you may proceed with an action either through the DLSE (Dept. of Labor Std. Enforcement) or directly through the Court system.

You can contact either your local DLSE office or your local bar association for a referral to an attorney with experience in this area. If you would like to speak with me regarding this question, please feel free to call

(800) 447-5549

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Re: Umpaid overtime pay for past 3 years

one more point -- you are entitled to overtime for four years prior to filing the lawsuit, plus interest on a yearly basis, plus penalties. You can get that through filing a claim with the Labor Commissioner or by proceeding with a lawsuit. You may not be able to resolve it before you leave the employer, but you should begin something now, since you are hitting your four year time limit -- every day you wait, is, potentially, another day of lost overtime. Feel free to contact me at below email or at 415-522-5200. Good luck.

Re: Umpaid overtime pay for past 3 years

My colleagues make very good points. Another issue is to try to access your time records for the period in question, if they exist. If there are no time records, to bring an effective case either before the Labor Board or in court, you will have to show that you worked the hours. A calendar that you maintained to show the hours would be appropriate, or even a reconstruction if the time records don't otherwise exist. Good luck to you.