Employee Law Group - Unpaid overtime

How an employment lawyer can help you claim unpaid overtime

In California, you are protected by federal and state labor laws, regardless of your birth country or legal status. These laws kick in the second you are hired and ensure you are compensated for your regular work hours and overtime according to your employment agreement.

If your employer refuses to pay you overtime, they could be breaking the law. And if they are breaking the law, an employment lawyer can help you claim the funds you are legally owed.

First, let’s set the facts straight

Your boss is required to compensate you for overtime work. It doesn’t matter the time of day or day of the week. It doesn’t matter if you stay back 15 minutes or two hours. Your time is valuable and deserves compensation.

For most salaried employees, overtime refers to work you complete outside of your regular work hours. Generally, overtime kicks in when you have worked more than eight hours in a single day or more than 40 hours or six days in a single week.

Is every employee in California entitled to overtime pay? In most cases, yes. Of course, there are unique situations, but labor laws obligate most employers to pay their workers for overtime hours. How much varies, too, but at minimum, overtime pay should be one and one-half (1.5) times your usual hourly rate.

What should you do if your employer hasn’t paid you for overtime work?

You just received your paycheck, but something’s not quite right. You know you worked overtime several days in the previous pay cycle, yet you can’t see any overtime pay on your payslip. Now what?

Before you escalate the situation, speak with your employer. By giving your boss the benefit of the doubt, you might just find your unpaid overtime is a simple mistake or misunderstanding. If your employer then promptly rights their wrong, you get away with little more than a minor inconvenience.

When communicating with your boss about unpaid overtime, be kind, cordial, and professional. Attacks and accusations may put your boss on the defensive. You don’t want this – it could sabotage your chance at a prompt and pain-free resolution while pitting you and your employer against each other. Worse yet, correspondence relating to your unpaid overtime could be read aloud if the case escalates to a courtroom.

Things get a little trickier if your boss refuses to pay you after you approach them. This means they are knowingly denying you pay, an act that could be unlawful. The best way to move forward in this situation is to contact a reputable and experienced employment lawyer.

How can an employment lawyer help your unpaid overtime case?

While navigating employment law can be challenging, the truth is simple: Your boss cannot withhold wages, nor can they delay paying them. If you are owed payment for overtime hours under the law, an employment lawyer can help you get your hands on those funds. Here’s how:

• An employment attorney can ensure you avoid common pitfalls and landmines that many employees fall into when filing a claim on their own. With years of experience, a lawyer has seen it all before. They know what works, what doesn’t, and the tactics your employer will likely use to defend their side of the story.
• They can uncover and collect evidence and information relevant to your case. This might include things like emails between you and your boss, your contract, and even conversations you’ve had about your unpaid overtime with others.
• A lawyer can determine whether your experience is a one-off or if other employees are being denied their overtime pay.
• They can then apply the law to your unique circumstances, even if the evidence collected leaves room for interpretation.
• An employment attorney can build a high-powered strategy that increases your likelihood of success. In some cases, this strategy may include raising the damages you are owed, which means more funds in your pocket.

How can you protect yourself from being denied overtime pay again?

Having pay withheld is not a positive experience. It can lead to confusion, distrust, and anger. If you rely on your paycheck to meet financial obligations, unpaid overtime can lead to significant inconveniences.

While unpaid overtime is not your fault, you can take steps to protect yourself. Here are a few tips to help you avoid this situation in the future:

• During the negotiation process, ensure that your payment terms are detailed accurately and explicitly. Ambiguous terms give employers leeway to twist the narrative and defend themselves in the courtroom. If you are unsure whether a proposed employment contract is detailed enough to protect your interest, have a lawyer look over it before you sign. This can give you the peace of mind needed to move forward.
• If you are already employed, revisit your contract. Do you understand the compensation you are entitled to? Are there any special terms that may enable your employer to avoid paying you without penalty?
• Save any communications with your employer relating to your pay and overtime. If discussions occur via email, forward them to your personal email account. If they happen over the phone or in person, send a follow-up email reiterating the main points of the discussion. This ‘paper trail’ can make or break your case – remember, if you are filing a claim against your employer, the burden of proof rests on your shoulders.

Let’s win back the overtime pay you are owed

The law is the law. As an employee, you are protected. Overtime pay is not optional. Your boss can’t ask you to come in early or stay late without compensation. Contact the Employee Law Group today if you believe you are owed overtime pay.

We leverage decades of experience to get you the money you are legally entitled to. We know employment law inside and out, and we have helped countless employees win the overtime pay they are owed. Schedule your confidential consultation today, and let’s hold your boss responsible.