Bartz Law Group

Employee Rights Advocates

How to Bring a Lawsuit for Unpaid Overtime in California

Unpaid Overtime in California

If you work overtime hours without proper compensation, you have a reason to worry about your rights and how to take legal action. This article aims to guide you through bringing a lawsuit for unpaid overtime in California. Here you learn whether you are entitled to overtime pay in California.

Getting Overtime Pay as a Non-Exempt Employee In California

In California, employees are entitled to overtime pay when they work more than 8 hours a day or 40 hours a week. However, there are exceptions for certain occupations and job classifications. To determine whether you are eligible for overtime pay, research the California labor laws or seek legal advice from an experienced attorney.

How Much Overtime Pay Doe a Non-Exempt Employee Get?

The amount of overtime pay you receive depends on various factors. Generally, overtime pay is calculated as one and a half times your regular hourly rate. For example, if your regular rate is $20 per hour, you would receive $30 per hour for each overtime hour worked. Note that some employees may be entitled to double-time pay for working more than 12 hours in a day or for hours worked beyond a certain threshold in a week.

Can I sue my employer for unpaid Overtime in California?

You can sue your employer if they failed to pay you for the overtime you worked. For a successful claim, gather evidence to support your claims, such as timesheets, pay stubs, or any other relevant documents that prove the extra hours you worked without proper compensation. Before proceeding with a lawsuit, consulting with an employment attorney who understands overtime laws in California for non-exempt employees is advisable.

Is Filing A Lawsuit For Only A Little Overtime Pay Worth It?

Even if the amount of unpaid overtime seems insignificant, it is still worth pursuing legal action. Employers must adhere to labor laws, and even a small amount of unpaid overtime can add up. By bringing a lawsuit, you not only seek fair compensation for the hours you worked but also send a message that employees’ rights should be respected.

How Long Must I File A Lawsuit For Unpaid Overtime In California?

California’s statute of limitations for filing an unpaid overtime lawsuit is typically three years from when the overtime wages were due. However, consulting with an attorney as soon as possible is crucial since certain circumstances, such as willful violations or government employees, may have different deadlines. Acting promptly will ensure you don’t miss the opportunity to seek the compensation you deserve.

How Much Money Will I Get For An Unpaid Overtime Lawsuit In California?

The amount of money you may receive from an unpaid overtime lawsuit varies based on several factors. These factors include the number of unpaid hours, your regular rate of pay, whether your employer’s violation was willful, and potential penalties.

In successful cases, you may be entitled to backpay for the unpaid overtime and liquidated damages equal to the unpaid wages, interest, and attorney’s fees. Consulting an attorney will give you a better understanding of the potential compensation you may receive.

Can My Boss Fire Me For Filing An Unpaid Overtime Lawsuit?

California law prohibits employers from retaliating against employees for exercising their rights to file wage and hour lawsuits. If your employer terminates your employment or takes adverse action against you due to your lawsuit, they may be liable for retaliation. However, it’s important to consult a top California whistleblower lawyer to understand your situation and protect your rights.

Bringing a lawsuit for unpaid overtime in California involves standing up for your rights as an employee. If you believe you have a valid claim, consult with an experienced employment attorney to assess the strength of your case, and guide you through the legal proceedings. When you take legal action, you seek fair compensation and contribute to a fair and just working environment.