What should I do if I think that I should be being paid overtime but am not?

I’ve been working for a long time and they pay me once a week – 1 week they pay me cash and the next week they pay me with a check. I am being over worked; I work 6 days a week and only have 1 day off; we come in at 9 in the morning and get out at 8:30 at night. I believe I should be getting paid overtime. Which I don’t because on my check it only reports that I’m working 40 hours. What can I do about this?

Asked on August 7, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unless you are an exempt employee--and if you are paid on an hourly basis, you are definitely NOT exempt (for a more complete test about who is and is not exempt, you can find information at the U.S. Dept. of Labor website, though the short answer is, generally only management and certain highly paid professional are exempt)--then you MUST be paid for all hours worked and paid overtime if you work more than 40 hours in a week, which certanly appear to. You could contact your state department of labor to file a wage and hour complaint; they may look into this and force the employer to pay you the back wages you missed and to pay you for all hours and overtime going forward. You could also contact an employment law attorney and bring a lawsuit for your wages. Contacting the department of labor is free; having your own attorney handle the case is likely faster, since he or she will be more focused on the matter.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unless you are an exempt employee--and if you are paid on an hourly basis, you are definitely NOT exempt (for a more complete test about who is and is not exempt, you can find information at the U.S. Dept. of Labor website, though the short answer is, generally only management and certain highly paid professional are exempt)--then you MUST be paid for all hours worked and paid overtime if you work more than 40 hours in a week, which certanly appear to. You could contact your state department of labor to file a wage and hour complaint; they may look into this and force the employer to pay you the back wages you missed and to pay you for all hours and overtime going forward. You could also contact an employment law attorney and bring a lawsuit for your wages. Contacting the department of labor is free; having your own attorney handle the case is likely faster, since he or she will be more focused on the matter.


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