If I worked over 40 hours per week am I entitled to overtime?

Question Details:

I worked for a company as a as home health aid; 24 hour shifts; over 40 hours a week. I was not paid overtime wages. I was denied unemployment by a false statement and I have gone to the Labor Commission. What is my legal rights about my pay?

Asked 11/19/2009 under Employment and Labor | 285 View(s) | More Legal Topics

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Employment and Labor Law Answers

Assuming that you are a nonexempt employee (i.e. eligible for overtime), which a home health aid normally would be, you must be paid overtime for hours over 40 worked during a week. The labor dept. may be able to help  you; your other option to recover the money would be to bring a lawsuit (if it would be economically worth it).

Note that if the company made a false statement publically (including to one other person or company) which caused you injury (such as not gaining employment), you may have been defamed and you might have a lawsuit for that, too.

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