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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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i have an employee that is taking me to labor court saying

Resolved Question:

i have an employee that is taking me to labor court saying that i owe him over time for the 9 month that he worked for me.he was getting $130.00 a shift of 12 hours a day that includes the over time.this my agreement that we made. on the pay stub it shows only day that he worked multiply by 130$. is it ok or not.
why he waited so long to complaint?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question.

Unfortunately, employers must generally designate overtime wages as "overtime" and cannot simply pay employees a lump sum that encompasses overtime. If that were the case, every employer who failed to say overtime would simply argue that the overtime was included in the amount they already paid and there would be no way to refute this kind of assertion.

The requirements for what paychecks must include are set forth in Labor Code section 226. That section states:

Every employer shall, semimonthly or at the time of each
payment of wages, furnish each of his or her employees, either as a
detachable part of the check, draft, or voucher paying the employee's
wages, or separately when wages are paid by personal check or cash,
an accurate itemized statement in writing showing (1) gross wages
earned, (2) total hours worked by the employee, except for any
employee whose compensation is solely based on a salary and who is
exempt from payment of overtime under subdivision (a) of Section 515
or any applicable order of the Industrial Welfare Commission, (3) the
number of piece-rate units earned and any applicable piece rate if
the employee is paid on a piece-rate basis, (4) all deductions,
provided that all deductions made on written orders of the employee
may be aggregated and shown as one item, (5) net wages earned, (6)
the inclusive dates of the period for which the employee is paid, (7)
the name of the employee and the last four digits of his or her
social security number or an employee identification number other
than a social security number, (8) the name and address of the legal
entity that is the employer and, if the employer is a farm labor
contractor, as defined in subdivision (b) of Section 1682, the name
and address of the legal entity that secured the services of the
employer, and (9) all applicable hourly rates in effect during the
pay period and the corresponding number of hours worked at each
hourly rate by the employee. The deductions made from payment of
wages shall be recorded in ink or other indelible form, properly
dated, showing the month, day, and year, and a copy of the statement
and the record of the deductions shall be kept on file by the
employer for at least three years at the place of employment or at a
central location within the State of California.

The statute of limitations for claims of unpaid overtime can be as long as four years, if the contract upon which overtime was based was in writing. If the contract was oral, the statute of limitations is 2 years or 3 years if the employee can show that the violation was "willful."

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

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