How canI resolve a no paid overtime issue?

When I first brought up my overtime hours she told me that she’d pay me in cash but it never happened. I have a copy of my timecard and my check stub and it’s clear that I haven’t been paid the amount I was suppose to be given. Also, there was no contract I had to sign before I got hired. I’ve been working for this restaurant for a year under 2 different owners. To be clear, the 2nd owner is the one I’m having this issue with.

Asked on November 30, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have not been paid overtime you are owed, you have two choices to seek it:

1) Contact the department of labor (you'd likely have better luck with your state's department of labor than the federal one) and file a complaint; they may look into it and take action on your behalf. The advantage is, this is free; the disadvantage is, it's not under your control, the department of labor may not prioritize your matter.

2) Sue your employer yourself for the money owed you. For smaller amounts (say, $1,500 or less), you might sue in small claims court and represent yourself (no attorney fees), while for larger amounts, you'd retain an attorney. This is under your control, but takes some time and may cost you something to pursue.

In either event, you are entitled to the money, if you worked overtime and were not paid.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have not been paid overtime you are owed, you have two choices to seek it:

1) Contact the department of labor (you'd likely have better luck with your state's department of labor than the federal one) and file a complaint; they may look into it and take action on your behalf. The advantage is, this is free; the disadvantage is, it's not under your control, the department of labor may not prioritize your matter.

2) Sue your employer yourself for the money owed you. For smaller amounts (say, $1,500 or less), you might sue in small claims court and represent yourself (no attorney fees), while for larger amounts, you'd retain an attorney. This is under your control, but takes some time and may cost you something to pursue.

In either event, you are entitled to the money, if you worked overtime and were not paid.


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