can I sue if I didn’t receive overtime pay?

UPDATED: Aug 26, 2016

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can I sue if I didn’t receive overtime pay?

My manager specifically said I would get paid for doing overtime. I’m getting salary paid but I worked 14 hours overtime and I did not receive any OT.

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


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

Answered 6 years ago | Contributor

Whether or not you can sue for OT depends  if you are an "exempt" or "non-exempt" employee. In other words, are you a professional (i.e. lawyer, doctor, etc), are you in management or a supervisory psotion, etc. If you are, then you considered exempt from overtime wage laws and so need not be compensated for any hours that you work over 40 in a week (or, in CA, over 8 in a day). If you aren't exempt or "non-exempt", then your employer is required to pay you for your overtime hours at 1 1/2 times your normal pay rate. If you are not being properly compensated, then you can file a wage claim with the Department of Industrial Relations and/or consult directly with a local employment lawyer. In the meantime, here is a link to a site that will help you determine whether or not you are non-exempt:

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