Could there be a Pot of Gold Waiting for You in the Form of Unclaimed Overtime Pay?
As heavy unemployment takes it toll on California workers, what many employees may not realize is that they may be entitled to substantial sums of unclaimed overtime plus interest from past employers.
This is essentially money an employee worked long hours to earn but through error or oversight was never paid and is still collectible.
The labor laws in California are the most advanced in the country and are frequently misunderstood and misapplied by both large and small companies. It is fair to say that California law is much more protective than other State and Federal labor laws.
For this reason most employees have no idea that they have been grossly underpaid and can recover these lost wages.
It’s not too late to file a claim for back pay or unpaid reimbursable expenses if it occurred anytime during the last 3 years and likely in the last 4 years for claims which are covered under the California Business and Professions Code 17200.
This is very good news for employees who have been deprived of overtime pay from employers, and should provide welcome financial relief in these challenging economic times.
Here are a few simple rules for you to consider as a first step in determining if you may be entitled to overtime pay:
It is not an employee’s title that determines if overtime must be paid. It is the type of work actually done as well as the amount of time spent on the various tasks.
It is the employer who must keep detailed records and who must prove that the employee was paid according to law. If the employer has failed to keep these records, the employee is entitled to be paid his overtime based on reasonable estimates.
There are also numerous special rules that apply, such as for sales persons and brokers as well as highly trained employees. For example, engineers with advanced degrees or skilled investigators are more than likely not entitled to be paid overtime.
You definitely should not assume that you are not entitled to overtime pay because your employer told you that your job is exempt. It pays to get a professional opinion.
Strategy:
1. List all of the jobs you worked at for the past 4 years. Remember, you may be barred from filing a claim if you do not file your case timely.
2. Assemble a pay stub and job description for each job, and performance evaluations, if any.
3. Talk to a California labor law attorney to find out if you are entitled to overtime pay.
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