Maybe you’re a California government employee who’s on the verge of foreclosure, and you and your spouse are desperately crunching your budget numbers to see whether you’re “missing” any income. Or maybe you’re an abused or harassed employee, and you have the strong intuition that your employer has been violating California’s work and hour laws – perhaps in a major way. Continue reading
What can I do if my employer doesn’t pay me my overtime wages?
You can either file a wage claim eve with the Division of Labor Standards Enforcement (the Labor Commissioner’s Office), or you can file a lawsuit in court against your employer in to recover the lost wages. Additionally, if you no longer work for this employer, you can make a claim for the waiting time penalty pursuant to Labor Code Section 203.
Overtime wages must be paid no later than the payday for the next regular payroll period after which the overtime wages were earned. Labor Code Section 204 Only the payment of overtime wages may be delayed to the payday of the next following payroll period as the straight time wages must still be paid within the time set forth in the applicable Labor Code section in the pay period in which they were earned; or, in the case of employees who are paid on a weekly, biweekly, or semi-monthly basis, not more than seven calendar days following the close of the payroll period.