If you’ve worked extra hours but haven’t been paid overtime, you’re not alone. Wage theft is a common issue, but as an employee, you have rights under both federal and California labor laws. Here’s what you should do if your employer refuses to pay you for your overtime work.
Understand Your Overtime Rights
Under the Fair Labor Standards Act (FLSA) and California labor laws, most non-exempt employees must receive 1.5 times their regular pay for hours worked beyond 40 hours per week (federal law) or 8 hours per day and 40 hours per week (California law). Some cases even qualify for double time.
If your employer classifies you as “exempt” from overtime, make sure the classification is correct. Employers sometimes misclassify workers to avoid paying overtime wages.
Keep Detailed Records
To support your claim, document:
- Your work schedule and total hours worked each day.
- Pay stubs and any records of missing overtime pay.
- Emails or messages discussing overtime requests or approvals.
If your employer alters records or refuses to track hours properly, your documentation can serve as proof.
Talk to Your Employer
Sometimes, wage issues result from payroll errors or misunderstandings. Bring up the missing overtime with HR or your manager, and provide documentation. If they refuse to correct the issue, you may need to take further action.
File a Wage Claim
If your employer still won’t pay, you have the option to:
- File a wage claim with the California Labor Commissioner’s Office or the U.S. Department of Labor.
- Consider legal action if the unpaid wages are significant or if retaliation occurs.
Consult an Employment Lawyer
A wage and hour lawyer will help you recover unpaid overtime and hold your employer accountable. You may also be entitled to additional compensation for damages.
If your employer is denying you the pay you’ve earned, don’t wait. Contact our firm today for a consultation, and let us fight for your rights.