You work hard and you are willing to walk the extra mile for your employer. You’ve worked overtime a lot, but now your employer does not want to pay you for the extra hours. What to do?
If you are a non-exempt worker in California, your employer is required by law to pay you for the overtime you’ve worked. Some dishonest employers may purposefully classify an employee as exempt in order to avoid paying overtime.
You are eligible for overtime pay if you:
- Work in a creative, managerial or intellectual setting for more than half of your time at work
- Work independently and are able to exercise discretion in performing your own work duties
- Earn a monthly salary of at least twice the California minimum wage for working full-time
What can I sue my employer for?
You can recover unpaid overtime pay from your employer by filing a wage claim or a lawsuit. You may sue your employer for:
- Failure to pay overtime after an 8-hour work day or for failure to compensate you for working over 40 hours per week
- Requiring you to work ‘off the clock’ and during lunch breaks
- Misclassification – for saying you are ‘exempt’ or ‘an independent contractor’ when it is untrue
Is it worth it?
You may think a whole rigmarole is not necessary for only a few hundred dollars.
But, think about this: your employer should be held accountable. He is taking advantage of you, and most probably, others too.
And no, your boss cannot fire you for filing an unpaid overtime lawsuit. If he does, he’d be wrongfully terminating you.
Use us as your go-to for any questions about California wage laws and your issues over unpaid overtime. We will keep all information confidential. Contact one of our skilled attorneys at the KJT Law Group today.
Reach out to schedule a free consultation with us today. (818)507-8525; info@KJTLawGroup.com.