Is it worth fighting?

I’m 46 and I’ve been working at restaurant for
15/h but I work 60 hours a week without
overtime pay for 15 years. I’m scared to fight it
because i dont know if I would win or how
much I would get

Asked on February 26, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In your state, you can recover unpaid overtime for the past three years (i.e. there is a three-year "statute of limitations" on any claims). If you have worked 60/hours per week at a base rate of $15/hour, then your overtime should have been an extra $7.50 per hour for 20 hours each week (the hours over 40), or an exta $150 per week, or $7,500/year. Over 3 years, that's around $22,500.00. For that amount, it's probably worthwhile speaking to your state labor department about bringing a wage-and-hour claim--after all, at $15/hour for 60 hours/week, you earn around $900/week, or around $45,000 per year. You're talking about 6 months pay.


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