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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I recently received a settlement from my former employer after

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I recently received a settlement from my former employer after an investigation from the federal labor board for over time. It was for over 40 hours a work week.

I have filed with the state because I was misclassified as an exempt employee and worked 10 hours a day, so I filed for the over time on this issue.

My question is: on the WH-58 form I received it states that I "have gicen up the right you have to bring suit on your own behalf for the payment of such unpaid minimum wages or unpaid overtime compensation for the period of time indicated above and an equal amount in liquidated damages, plus attorney's fees and court costs under section 16(b) of the FLSA"

Does this mean if I accept the settlment from the federal labor board that I can not then claim the misclassification and over 8 hours a day for CA??

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

You intend to pursue a separate complaint against the employer with the state labor board for overtime since CA law requires overtime for hours exceeding 8 per day?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.
Yes, that is the intent with the CA state labor board- it is a separate issue that what the Federal labor board investigated.
Hello again, Christy, and thank you for clarifying that for me.

The language you cited above would typically release the employer from liability only pursuant to the federal statute and not state statutes since it specifically refers to Section 16(b) of the FLSA. So it specifically releases the employer for any further obligation under that statute, but since CA has a separate overtime statute which is not referred to in the release language you provided, you would typically be able to pursue a claim against the employer under that state statute even if you accept this settlement.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!


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