What Do I Do if I Didn't Get Paid for Overtime?
Corey Hanrahan
Unpaid Wage Lawyer
What do I do if I didn’t get paid for overtime? If you find yourself in a situation where you’re not being paid overtime, it’s important to take action to protect your rights and secure the compensation you’re entitled to. As an unpaid wage lawyer who sues employers for unpaid overtime, here are my tips on what steps to take:
Understand Your Rights
California law and federal law are very different when it comes to overtime. Federal law only provides that employees are entitled to overtime pay when they work more than 40 hours in a workweek. However, California requires employers to pay overtime to employees who work in excess of eight hours in a single workday or more than 40 hours in a workweek.
Also, federal law sets an employee’s overtime rate at 1.5 times the employee’s regular rate of pay.
California, though, has several overtime rates depending on how much overtime you have worked. California requires your employer to pay you 1.5 times your regular rate of pay for all hours you work in excess of eight hours, up to twelve hours, in a workday. Here is where California law differs again from federal law: if you work more than twelve hours in a single day, those hours must be compensated at two times your regular rate of pay. California also requires your employer to pay you two times your regular rate of pay for the first eight hours of work on any seventh consecutive day of work.
Document Everything
I say this time and time again to people… “Document, document, document!” Having evidence is crucial for building a strong case for any claim, but this is especially true of unpaid overtime claims. Here are a few things you can, and should, do:
Keep detailed records of your work hours, including start and end times.
Save all pay stubs, work schedules, and job descriptions.
Document any communication with your employer regarding overtime pay.
Communicate with Your Employer
Often, the first step you should take is to address the issue directly with your employer. That could look like a couple different scenarios:
Schedule a meeting with your supervisor or HR representative.
Explain your concerns calmly and professionally.
Provide evidence of your overtime hours and unpaid wages.
Give your employer an opportunity to rectify the situation by paying you for the overtime that you worked.
Contact an Unpaid Wages Lawyer
If addressing the issue with your employer does not work, an experienced unpaid wages lawyer can provide valuable guidance:
Consult with an attorney experienced in wage and hour laws.
They can help you understand your rights and the best course of action.
An attorney can represent you in negotiations or legal proceedings if necessary.
Conclusion
I often see employers not realize that California provides greater overtime pay rights than federal law, and employers will sometimes follow federal law. This can result in you not being paid all overtime compensation that you are entitled to. And to be honest, sometimes employers knowingly refuse to pay employees overtime wages because of the cost. This type of wage theft is really despicable conduct, and you should not tolerate it. If you find yourself working overtime without receiving overtime pay, reach out to unpaid wages attorney Corey Hanrahan for a free, confidential consultation.