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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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if a employer ask u to work over and he dont know if u will

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if a employer ask u to work over and he don't know if u will be pay for it,then what do u do, do keep on working or go home.
Good evening and thank you for entrusting me to answer your question. I will do everything I can to assist you.

State and federal law require employer to compensate employees for all time during which they are actively working. Moreover, it can be a criminal offense to willfully deny an employee compensation for time worked.

If your employer fails to pay you for this additional time worked by your next pay period, you would have a wage claim which you can pursue by filing a complaint for free with the Washington Department of Labor & Industries. Please find the page to start such a complaint here:

The employer against whom such complaint is filed will be legally prohibited from retaliating against the employee as a consequence of their complaint. Any deduction in wages, demotion, or termination that might occur as a consequence of the employee asserting their right to be paid will give rise to an entirely separate claim for damages that is actionable in civil court.

It is important to note, however, that these protections and remedies do not apply based merely on the suspicion you won't actually be paid, so it is important to actually do the work--otherwise, no violation has occurred and you will have no recourse. If I were in this position, I would work the requested time and then file a wage claim if I am denied compensation for it.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
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