If you are working more than 40 hours per week and not receiving the overtime pay you’re entitled to, your employer may be violating labor laws. Both federal and California state laws protect employees by ensuring fair compensation for overtime work. This blog will guide you through the steps to take if your employer is withholding overtime pay and how to protect your rights.
Understanding Your Right to Overtime Pay
The Fair Labor Standards Act (FLSA) and California labor laws regulate overtime pay. Under these laws:
- Federal law (FLSA): Non-exempt employees are entitled to 1.5 times their regular pay for any hours worked over 40 hours in a workweek.
- California law: Non-exempt employees are entitled to 1.5 times their regular pay for hours worked over 8 hours in a day or 40 hours in a week. For hours worked over 12 in a day, the rate increases to double time.
Certain exemptions apply based on job roles and responsibilities, but in most cases, hourly workers are entitled to overtime pay.
Step 1: Review Your Work Hours and Pay
If you suspect that your employer is withholding overtime pay, the first step is to carefully review your work hours and paycheck. Check your time records for:
- The number of hours worked each day.
- Total hours worked for the week.
- Any overtime hours that should have been compensated at the higher rate.
Compare these records with your paycheck to see if you received the proper overtime rate. Make sure to keep copies of your pay stubs and time sheets to support your claim.
Step 2: Talk to Your Employer
In some cases, overtime pay issues may be due to clerical errors or misunderstandings. Before escalating the issue, consider discussing it with your employer or HR department. Be polite but firm when explaining the discrepancy:
- Point out the specific hours where overtime pay was not provided.
- Ask for a review of your time records and paycheck.
- Request that the issue be corrected on your next paycheck.
Document all communications with your employer in writing, including emails or any written responses you receive.
Step 3: File a Complaint with the Labor Commissioner
If your employer does not resolve the issue or refuses to provide overtime pay, you can file a complaint with the California Labor Commissioner’s Office or the U.S. Department of Labor (DOL). These agencies enforce labor laws and investigate wage theft claims.
- California Labor Commissioner: Handles state wage and hour violations, including overtime pay disputes. You can file a complaint online or in person.
- U.S. Department of Labor (DOL): Handles federal wage and hour complaints under the FLSA. You have up to two years to file a complaint, but the sooner you act, the better.
Filing a complaint initiates an investigation, and if the agency determines that your employer violated labor laws, they can order your employer to pay back wages owed.
Step 4: Seek Legal Assistance
If you’re not receiving the overtime pay you’re entitled to, seeking legal assistance can help you navigate the process and ensure you get the compensation you deserve. An employment attorney can:
- Help you gather evidence of unpaid overtime.
- Represent you in negotiations or during legal proceedings.
- Ensure your rights are fully protected.
PLBH is experienced in handling wage and hour disputes, including unpaid overtime claims. Our team can assist you in filing a complaint, negotiating with your employer, or taking legal action if necessary. Contact (800) 435-7542 to discuss your case and find out how we can help you recover the wages you are owed.
Step 5: Protect Yourself from Retaliation
Unfortunately, some employees fear retaliation after filing a complaint or speaking up about unpaid wages. It’s important to know that both federal and state laws protect employees from retaliation. This means your employer cannot fire, demote, or harass you for asserting your right to overtime pay. If you experience any form of retaliation, it’s crucial to report it immediately and seek legal help.
Standing up for your right to overtime pay is important, and taking the right steps can help you recover the compensation you are owed without facing negative consequences.