What can I do if I’ve been with my employer for 4 years but have only been paid for my overtime for just over 2 years?

UPDATED: Sep 29, 2022

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What can I do if I’ve been with my employer for 4 years but have only been paid for my overtime for just over 2 years?

This is true for the other my co-workers as well. In addition, my time cards’ hour and paystub hours never match. I have requested my back due pay but have yet to receive it.

Asked on September 26, 2015 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you are hourly, you must be paid for all hours worked, and must be paid overtime whenever you work more than 40 hours in one workweek, or in your state more than 8 hours in one workday a failure to pay is a violation of state and federal labor law. If you have not been paid what you should have been paid, you can contact your state department of labor to file a wage-and-hour complaint you could also bring your own lawsuit against the employer, but since contacting the state dept. of labor is free, whereas to bring a lawsuit the right way, you'd have to hire an attorney, you probably should try the labor dept. first.

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