What are my rights as an employee in California if my employer doesn't pay me for overtime worked?
As an employee in California, you have the right to receive overtime pay for any hours worked over 8 hours in a day or 40 hours in a week, as required by state law. The overtime pay rate is typically one and a half times your regular hourly rate. If your employer has failed to pay you for overtime worked, you may have the right to file a wage and hour claim against them under the California Labor Code.
First, you should try to resolve the matter informally by speaking directly with your employer and requesting the unpaid overtime wages. You should document your requests and keep copies of any written communication or records of your conversations.
If your employer does not address the issue, you may need to take further legal action. You can file a complaint with the California Labor Commissioner's Office, which may investigate your complaint and order your employer to pay any unpaid wages or penalties.
Alternatively, you can file a wage and hour lawsuit in court against your employer. In addition to any unpaid wages, you may be entitled to additional damages such as interest, liquidated damages, and attorney's fees.
It is important to note that there may be time limits for filing a wage and hour claim, so it is best to take action as soon as possible. Additionally, there may be exceptions or limitations to overtime pay requirements for certain types of employees or industries, so it is important to seek legal advice from an experienced employment law attorney to fully understand your rights and options.