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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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what rights do you have to back pay for overtime when an employer

Customer Question

what rights do you have to back pay for overtime when an employer has not paid you properly?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation.

You may file a claim with the local office of the CA Department of Labor and they can help you get it back.

But, if you want to make money on the fact that your employer failed to pay you the overtime you were entitled to you will want to sue them in court. You may actually sue the employer and recover your wages. Additionally, under federal laws (FLSA), you are also entitled to what is called Liquidated damages. Liquidated damages is equal to the amount of back wages that they owe you and must be paid in addition to the wages themselves---so you essentially get double what you were not paid in the claim based on their willful failure to pay you. http://labor-employment-law.lawyers.com/wage-and-hour-law/Liquidated-Damages-and-FLSA-Claims.html

Here is an excellent article which deals with pursuing an FLSA claim---which you may do in either state court or federal court. Do take the time to review it:

http://www.thefreelibrary.com/Pursuing+an+FLSA+claim%3a+many+employers+have+figured+out+how+to+skirt+...-a0183316511

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

Would you please rate me highly now, based on my assistance to you in understanding the law.


I wish you the best in 2012,

Doug


LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
If there is a pervasive pattern of disobeying labor laws... Not paying overtime, not having workers compensation insurance and hiring people as contractors (1099) to avoid paying employment taxes when they are clearly employees...what can I do to protect myself...injured in may and June during work hours but never saw a doctor because I don't have personal insurance and although my boss and owner of the company were aware that I was injured never provided workers comp information, I hadn't thought about it and found out last week we don't even have work comp insurance after another employee broke her foot. The stress of working for this company is becoming unbearable but concerned its an uphill battle as the company/ owner is a motivational speaker and author
Expert:  LawTalk replied 2 years ago.
Well, perhaps filing a complaint with the Department of LAbor just to complain---and the suing your employer for all you can get would be the best way to get their attention.

If they don't have workers compensation insurance---be sure to report that also, to the state Department of Industrial Relations, Division of Workers' Compensation. The state will force them to get insurance or be put out of business with fines.

Doug

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LawTalk
California Employment Lawyer
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I have 30 years of experience in the practice of law, including employment law and discrimination law.