Legal Question in Employment Law in California
unpaid overtime
I worked for a small company for about four years and I was getting pay straight time. I used to work a minnimum of 60 to 100 hours per week.On Agoust of 2004 I filed a complaint with the department of Labor Wage Hour Division
and I have not recieved any letters or any information regarding the case. recently I made contact with my ex employer who advised me about the case and told me that I was supossed to get 24,000.00 for what is called back wages. I contacted the investigator in the dept of labor and asked him abot the case, but he anwsered that he was not a collection agency and his job was just to do an investigation which he said he did. my question is what can I do to get some info or to get the money that my ex employer owned me?? Can some one advise me please. Thank you.
4 Answers from Attorneys
Re: unpaid overtime
File suit in Superior of Federal Court. Call me directly at 16192223504.
Re: unpaid overtime
The investigator's comments seem rather silly to me. I would first contact the investigator or his supervisor to see if you can get any documentation of the result of the investigation. If they ordered the ex-employer to pay you the back wages, they should provide you with a copy of the order or other documentation of the amount to be paid.
If your former employer agreed to pay that amount, why not call and just ask for it? They can have you sign a release agreement and resolve all claims. If you need further assistance, call me toll free at the number listed on my website.
Re: unpaid overtime
The Labor Commissioner rarely gets employees everything they are owed - and in the end, the employer has to write a check -- if you sue in state court you can go back four years for an overtime claim; if you file in federal court you can also sue for double damages (on three of those years. . . ) feel free to contact me 4155225200 Good luck.
Re: unpaid overtime
You can get copies of the investigator's report and then demand the company pay or be sued. If you filed a Labor Commission claim, the agency should have set up hearings, so if they didn't, you could request they do so now. You could also sue in court, rather than pursue through the Labor Commissioner. Either way, you may want to get an attorney to help you deal with the situation, to make sure you get everything you are entitled to. Feel free to contact me for help if interested.
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