If I am not paid for overtime, am I able to take legal action against the accountant or does it have to be against the employer?

Hi there. I have been reviewing all of my paystubs and it has come to my attention that I have not been paid overtime ever. Isn’t it the accountant’s responsibility to know the laws? Am I able to take legal action against the accountant or does it have to be against the employer? Thank you.

Asked on October 9, 2018 under Employment Labor Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It is your employer, and not their accountant, who is legally required to pay you. If you are owed overtime then your employer is liable as your legal relationship is with them. This is true whether or not the accountant should have known the law. That having been said, your employer may have a claim against the accountant for not properly filing out employee paystubs.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Whether or not the accountant should know the laws, unless you work for the accountant (i.e. he/she is your boss), the account is not your employer and is not responsible to pay you, whether overtime or otherwise. It is your employer who is legally resonsible to pay you correctly, and so your employer whom you would sue for unpaid overtime.


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