El Sobrante Unpaid Overtime Wages

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El Sobrante Unpaid Overtime Wages

My Employer Has Not Paid My

El Sobrante Unpaid Overtime Wages

It’s payday and you know that you worked more roughly 50 hours that week.  However, when you get your paycheck and paystub, you quickly notice that you were not paid for any hours above 40.  Looks like your employer has tried to pull a fast one on you.  Luckily, you caught it!

According to California law, if you’re a non-exempt employee (more on that here) you’re supposed to receive, at least, time and a half for all hours worked in excess of 8/day and 40/week.

Typically, if an employer requires or permits an employee to work The Department of Labor states, "[t]he overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked."

How much could your

El Sobrante Wage Claim

be worth?

Successful plaintiffs in an action to recover unpaid overtime wages could expect to receive an amount equal to the unpaid overtime, liquidated damages (minimum wage * number of overtime hours worked), waiting time penalties (assuming the employee is no longer employed), wage statement penalties, and if you prevail, reasonable attorneys’ fees and costs.

Steps To Take if Your Employer Has Not Paid Your

El Sobrante Unpaid Overtime Wages

1.     Double Check to Ensure You’re Eligible

Only hourly and non-exempt employees are eligible to receive overtime pay in California.  If you’re unsure whether you’re properly classified, review this blog article. In short, you’ll need to review your job descriptions, your duties, and your salary.  If you are an hourly employee, a non-exempt employee, or have been improperly classified, then your employer should be paying you at an overtime rate. 

2.     Document Your Unpaid Overtime Hours

So, you’ve determined that you’re owed overtime – time to prove it!  To do this, you’ll need to collect as much information as possible. You will want to go through your wage statements and time-sheets to document any discrepancies. Once discrepancies are annotated, you’ll need to gather any documents that prove you were working for times not indicated on your time-sheets. 

(TIP: When you start a new job, it will be an exciting feeling. However, new employees should start a logbook to input hours worked, overtime worked, and missed rest/meal breaks – this will ensure you’re getting paid properly!)

3.     Notify Your Employer or HR Department of Any Unpaid Overtime Wages

We are all human and, sometimes, mistakes happen.  It’s entirely possible that HR is unaware that your overtime wages were not paid.  The first step in getting paid would be to notify them of the discrepancy and ask to have it fixed.  However, in most cases, the employer knows what it has done and will continue to not pay you.  When this happens, the next step is to contact the Labor Commissioner OR consult with an experienced unpaid overtime attorney.

4.     Hire an Experienced Unpaid Overtime Attorney

So, now that you know you are owed unpaid overtime wages and have documents to prove it, you should contact an Experienced Unpaid Overtime Attorney.  Once you contact an attorney, they’ll conduct an intake to determine if they can help you.  REMEMBER – While California protects employee rights, claims for unpaid wages have strict deadlines, so don’t delay seeking legal advice.


Experienced Unpaid Overtime Attorney  Serving

El Sobrante

Lansdown law is an experienced employment law firm who provides employees with a free consultation to determine whether or not you may qualify for unpaid overtime compensation.

If your employer has failed to pay your

El Sobrante Unpaid Overtime Wages