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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1949
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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If an former employee claims number of overtime hours we owed

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If an former employee claims number of overtime hours we owed him(her) from Labor Commissioner, and they send letter to us, but we acutally paid, and do not owe any to the former employee, what should we handle this case? please advise.

If you paid for the overtime hours being claimed then you can simply provide the labor commissioner with this persons w2 showing payment and they will dismiss the claim. However, if this person is claiming overtime hours which they did not work, which they were not paid for, then you should highly consider getting an employment law attorney involved to help defend you. This is because a failure to could result in a waiting time penalty and possibly even liquidated damages. Of course, this is entirely dependent on the amount being claimed. Otherwise, you will need to try and prove that this person was not in fact working during the times that they claim.

If you decide to hire an attorney a great resource is This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.

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 do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.

Have a wonderful rest of your day.

Brandon, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Now, the former empoyee does not provide any working hours detail yet, should we ask Labor Commissioner to provide us? then we will know how defend us, please advise.




Hi Rey,

That would definitely be a good start. You can definitely inform them that you are not aware of any hours worked in which this person was not paid, but that you would like any information they are willing to provide.

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