What can I do if my boss disregards the overtime law?
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What can I do if my boss disregards the overtime law?
My boss believes that he only needs to pay me overtime if I work 80 hours in 2
weeks. I know my state law is anything more than 8 hours a day, and 40 a
week. I have tried multiple times to inform him of the law, only for him to
dismiss it. I do not work overtime every week but I have worked nearly 14 hours
in 1 day without any additional compensation for it. We clock in electronically, so all my hours are there but he does not count any overtime when he calculates our pay. I
actually do payroll, and he’s told me to just add up the hours, without any regard for how much was worked in one specific day. I recently was promoted, and don’t really wish to quit, but its becoming a more prominent issue as they expect me to work over 8 hours a day. What should I do?
Asked on March 3, 2016 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
In CA, if your employer disregards the law regarding overtime, you can file a wage claim with the Division of Labor Standards Enforcement and/or you can file a lawsuit against your employer to recover your lost wages. At this point, you should consult directly with an employment law attorney in your area. In the meantime, here is a link to a site that you will find to be of help:
http://www.dir.ca.gov/dlse/faq_overtime.htm
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