Unpaid Overtime Settlements
Tensions and disagreements between employees and employers are common in the workplace. Workplace conflict includes discrimination, harassment, and wrongful termination. However, the most frustrating situation for employees is being denied merited remuneration. In this article, you'll learn how to deal with unpaid overtime in California.
Unpaid Overtime in California
California
California non-exempt employees who work overtime with their employer's consent are entitled to overtime pay. A standard workday and workweek include 8 and 40 hours, respectively.
Right to Pay for California Employees
Employees' right to remuneration is protected under the Contract Law, California Labor Code, and the Fair Labor Standards Act of 1938. So, any hours worked, including overtime MUST be compensated. Employers refuse to pay employees for different reasons, including: Disagreement between them and employees; Outright arrogance; Retaliation; Exploiting ignorant employees, and Wrong advice from different sources, among others.
Failure to pay employees is illegal, whether you have a "seemingly" valid reason. Employers should pay employees their dues regardless of any existing differences. The right channels should be used to resolve conflicts, but not denying employees their pay.
Timely Remuneration
The labor law requires employees to be paid promptly. In other words, an employee's payday should be regular to allow them to cater for their bills, personal expenses, and other financial commitments. Payday laws vary by state. In California, wages can be paid two times a month for nonexempt employees. Exempt employees are usually paid once a month. Employees can seek legal recourse if this right is infringed. A good employment lawyer can:
Remedies
Federal Law Requirements
The Federal law protections are defined under the Fair Labor Standards Act—FLSA. California unpaid overtime lawsuits must be filed within two years of the violation date.
For ongoing violations, the plaintiff can only recover unpaid wages for the two years preceding the filing of the claim.
Illustration: Suppose the violation started five months ago and you filed a claim three months later. In this case, you'll lose unpaid dues for one month.
The statute of limitations can be extended to three years if the violation was intentional. A willful violation arises if the employer knows the requirements of the FLSA, but intentionally disregards the law anyway.
State Law Requirements
Most states have versions of wage and hour laws, meaning the time limits for filing an unpaid dues lawsuit can vary. In California, all wage-related violations should be filed within three years of the violation date.
