If my employer has not been paying overtime correctly for years, is there anything I can do?

Asked on June 23, 2012 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you can either file a complaint with your state labor department and/or file a lawsuit seeking the unpaid overtime. If you are not exempt from overtime--and essentially all hourly employees are not exempt--you must be paid overtime whenever you worked more than 40 hours in a week, and if not paid when the money was due, you have the right to take legal action to recover it. Because of the statutue of limitations for claims like this, which I believe is two years, you may not be able to recover all the unpaid overtime--you can't recover for overtime which was not paid too long ago--but you can certainly recover more recent amounts.

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