Does my former employer have to pay unpaid overtime after I quit and is there a penalty for not doing so?
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Does my former employer have to pay unpaid overtime after I quit and is there a penalty for not doing so?
After quitting my job, I requested from the accounting department a complete record of my work hours. After reviewing the records I discovered that I was not paid for 208 hours of overtime. Does the company still have to pay me even though I quit? And is there a penalty for them not paying me these overtime hours while I was employed or in my final paycheck?
Asked on July 10, 2016 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
In CA, for a non-exempt employee, employers are required to pay overtime (authorized or not) at the rate of 1 1/2 times the employee's regular rate of pay for hours worked in excess of 8-12 hours in any workday, and for the first 8 hours of work on the 7th consecutive day of work in a workweek, and at 2x the employee's regular rate of pay for hours worked in excess of 12 in any workday and for all hours worked in excess of 8 on the 7th consecutive day of work in a workweek. If you have not been paid for your overtime hours (whether or notyou qiut) you can file a wage claim with the Division of Labor Standards Enforcement or file a lawsuit in small claims court against your ex-employer in to recover your lost wages. Further, since you no longer work for this employer, you can make a claim for the waiting time penalty. If necessary, you can consult directly with an employment law attorney.
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