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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 5 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:
https://www.dol.gov/whd/overtime/fs17a_overview.htm


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Related Links

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption