If you work in California, you deserve to be paid fairly and treated with respect. Unfortunately, many employees are not paid for their work or overtime hours.
Wage and hour laws in California require companies to pay their employees overtime when they work more than 8 hours in a day or more than 40 hours in a week. Most employees work these hours and are eligible for overtime pay at 1.5 times their hourly wage.
Some employers intentionally classify an employee as exempt, meaning they are not entitled to overtime, even if they are. This act is a violation of California labor law.
If your employer has violated California wage and hour laws, you may be able to recover unpaid overtime pay by filing a complaint with the labor board or filing a lawsuit against your employer.
Lawsuits against employers for overtime violations in California can include:
- Failure to pay compensation for overtime hours of more than 8 hours in a day
- Failure to pay compensation for overtime hours of more than 40 hours in a week
- Failure to pay compensation for overtime for working more than six days in a row
- Requiring an employee to work after hours
- Requiring an employee to work during a lunch break without pay
Many employees don’t think it’s worth filing a lawsuit if they’re only owed a little money. However, if you decide to file a lawsuit, you may be able to collect:
- The amount corresponding to unpaid wages
- Interest on unpaid wages
- Lawyer expsenses
- Court costs
Just because your unpaid overtime isn’t a lot of money doesn’t mean you should avoid filing a lawsuit. An employer must be held accountable for any violation of California labor laws.
When filing an unpaid overtime claim in California, the statute of limitations is three years from the date of the most recent violation.