Whats should we do regarding hours worked but not paid?

UPDATED: Oct 2, 2022

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Whats should we do regarding hours worked but not paid?

My husband is with a new company that has been good to us but he recently had to work a 30 hour shift straight. They told him he could not leave until his site was up and running. When he got his tee-sheet which explains his pay week breakdown, they chopped up those 30 hours into auto lunches and clocked him out of 15 hours and then clocked him back in for the remainder to make it look legal I guess. We don’t really want to go to court over this but we do want our pay. What do you suggest we do and what are the laws surrounding this situation?

Asked on August 26, 2019 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If an hourly employee, he must be paid for all hours worked and in your state (CA) must be paid overtime for all hours worked past 8 hours in a single 24-hour day. That's the law. If he was underpaid as you indicate, you can file a complaint with the state department of labor or else sue (e.g. in small claims court) for the money--that is the only way to get it, if they won't pay the full amount voluntarily. You and your husband need to decide if the pay shortfall is worth taking those actions for.

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