What can I do if my boss disregards the overtime law?

UPDATED: Sep 30, 2022

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What can I do if my boss disregards the overtime law?

My boss believes that he only needs to pay me overtime if I work 80 hours in 2

weeks. I know my state law is anything more than 8 hours a day, and 40 a

week. I have tried multiple times to inform him of the law, only for him to

dismiss it. I do not work overtime every week but I have worked nearly 14 hours

in 1 day without any additional compensation for it. We clock in electronically, so all my hours are there but he does not count any overtime when he calculates our pay. I

actually do payroll, and he’s told me to just add up the hours, without any regard for how much was worked in one specific day. I recently was promoted, and don’t really wish to quit, but its becoming a more prominent issue as they expect me to work over 8 hours a day. What should I do?

Asked on March 3, 2016 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

In CA, if your employer disregards the law regarding overtime, you can file a wage claim with the Division of Labor Standards Enforcement and/or you can file a lawsuit against your employer to recover your lost wages. At this point, you should consult directly with an employment law attorney in your area. In the meantime, here is a link to a site that you will find to be of help:

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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