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Fair Employment Lawyers at Kaplan Weiss LLP

How Do I Prove The Amount Of Overtime I Spent Working?

A lot of employers have time clocks or time-keeping software to track all of your hours worked; if not, then you as an employee should keep a good record of the hours you worked through an email or a log or even hand-written notes of the things you did and the times you did them. But again, if your employer doesn’t have a record of your time, then your best estimate of the amount of hours you reasonably worked is going to be evidence of your overtime claim.

Are Salaried Workers Entitled To Overtime Pay?

Salaried workers are oftentimes misclassified as exempt when it comes to overtime pay. Just because you are paid a salary does not mean you don’t get overtime. The employer still needs to show that you got paid an appropriately high salary and that your job duties were such that you were exempt under the law. If you are, for example, a receptionist who was getting paid close to minimum wage but your employer decided to convert that to a salary to avoid having to pay overtime, that wouldn’t work; they would still be required to pay you overtime because either your salary wouldn’t meet the threshold or your actual work would not be the type of work that is considered exempt under the law.

Are Part-Time Employees Entitled To Overtime Pay?

Part-time employees are entitled to overtime pay if they work overtime hours. Let’s say you only work 25 hours a week, but you work ten hours for two days and five hours the next day. You would have two days where you had overtime hours even though you only worked 25 hours.

If I Suspect That I Haven’t Been Paid Overtime Pay For All Of The Hours I’ve Worked, Can I File A Lawsuit Against My Employer?

You can either file a lawsuit in court or you can file a claim with the California Labor Commissioner’s Office. You would be entitled to recover the unpaid overtime plus interest and could potentially receive penalties, as well.

How Long Do I Have To File A Lawsuit For Unpaid Overtime In California?

For the wages that were not paid, you typically have three years to file. That being said, certain penalties expire after one year, so for those, you’d have to file within one year.

Can My Employer Fire Me For Filing A Lawsuit Over Unpaid Overtime In California?

Firing you would be considered retaliation, so they legally cannot do that. If they did, they would not only owe you the unpaid wages and overtime, but they would also be subject to penalties and fines under the law and a potential wrongful termination lawsuit.

If I’m A Manager Or Assistant Manager, Am I Exempt From Earning Overtime In California?

Your exemption status would depend on the specific facts of your job and the amount you are paid. Let’s say you’re a manager who manages more than two employees and spends more than half of your time doing management duties. If you’re paid a minimum of double the minimum wage, then you could be an exempt employee for overtime purposes. An assistant manager is less likely to be exempt, but again, it would depend on the specific facts of the case.

If I’m An Independent Contractor Who Worked More Hours Than Agreed Upon, Am I Entitled To Overtime Pay?

That would depend on whether you are properly classified as an independent contractor. If you are properly classified as an independent contractor, then you would not be entitled to overtime wages. It’s common, however, for employers to misclassify somebody who should be an employee as an independent contractor, and in that scenario, the person who should have been an employee can be short-changed on hours and overtime and would have a claim for misclassification and overtime hours that they worked.

As An Employee, Is It In My Best Interest To Discuss An Issue Involving Unpaid Overtime With My Human Resources Department Or My Manager Before I Contact An Attorney? What Is The Most Peaceful Way To Report It While Also Protecting My Rights?

Your best course of action depends on the particulars of the case. Typically, we would suggest that an employee ask for their wages, as that will help to clarify the employer’s position. The unpaid overtime could have been a mistake; they might have processed the wrong time or the wrong payroll. Many employers actually have a process for submitting a request to review or change the hours on a paystub, and if an employer made an honest mistake, they might correct it in that scenario.

If not, it might give you some insight into whether they did it intentionally. You might be better off proceeding with a lawsuit if it appears the employer is intentionally underpaying you. By asking for your wages, you now have a record that your employer has denied you.

For more information on Employment Law in California, a 30 minute case evaluation is your next best step. Get the information and legal answers you are seeking by calling (213) 257-8999 today.

Fair Employment Lawyers at Kaplan Weiss LLP

Call Now For A 30 Minute Case Evaluation
(213) 257-8999