Overtime disputes are not uncommon. They happen in every state for various reasons, including California. It can be uncomfortable and infuriating to find out your employer is willfully withholding your overtime pay and refusing to give you what you are owed. Resolving this situation should be a top priority for you, and hiring an employment lawyer can be a good first step. Knowing how to resolve overtime disputes in California can help you if you find yourself in this situation.
Regardless of where you work or who you work for, the last thing you want to deal with is an employer who chooses to commit wage theft as a way to control you or even possibly extort you for unpaid labor. Such actions are considered illegal under the state’s comprehensive and helpful labor laws. You are going to want someone on your side who understands what’s at stake for you. The legal team at English Lloyd & Armenta can provide you with the proper resources.
Overtime Disputes in California
These types of employment disputes are fairly common throughout the country. In 2024, the Wage and Hour Division of the U.S. Department of Labor was able to reclaim over $273 million in repayments due to employment disputes, many of which were overtime disputes. Nationwide, over 152,000 workers were taken advantage of by their employers in some sort of labor dispute. Never forget that your case is not the exception. It’s far more normal than you may think.
If you are not being paid the money that you are owed, it can cause serious strife and stress in your daily life. You may be counting on that money to care for your family. You may want to consider reaching out to a local financial support group, such as CalWORKs. Talking to someone about your struggles can be very beneficial.
California’s extensive labor laws require employers to pay overtime to any qualifying employee who works more than eight hours in a single workday or more than 40 hours in a single workweek. There may be certain exceptions to this rule, such as some healthcare or agricultural workers, but most California employees should qualify. If you aren’t sure if you are owed overtime pay, bring your documentation to an employment lawyer and find out.
How Can You Resolve Overtime Disputes in California?
The most effective way to resolve an overtime dispute in California is to report the dispute to the proper authority. In this case, it would be the California Labor Commissioner. Before moving forward with an overtime dispute claim, it is important that you prepare yourself with evidence, a strategy, and an experienced overtime dispute lawyer who can help you figure out what you should do next. Here is a rundown of an effective way to resolve your overtime dispute:
- File a Wage Claim: After you have discussed your dispute with your employer and they have done nothing to resolve it, you should file a wage claim with the Labor Commissioner through the California Department of Industrial Relations. You can file this claim by mail, in person, or online. Make sure you have gathered as much evidence as you can find and that your claim is within the statute of limitations.
- Investigation: Once the Labor Commissioner’s Office receives your claim, it will be investigated thoroughly. The office will contact you and your employer to get the details. The office may schedule a conference to try and resolve the dispute before it turns into a legal matter.
- Hearing: If the overtime dispute cannot be resolved through a conference, the Labor Commissioner will likely hold a hearing to make a final determination. Both you and your employer will be given the chance to state your case. You may want to consider hiring a skilled overtime dispute lawyer to help you develop your strategy and build a case.
FAQs
Q: How Do You Handle Unauthorized Overtime as an Employee?
A: As an employee, it is generally recommended that you do not accept unauthorized overtime. Avoid working unauthorized hours as much as possible. It may be possible that your employer is trying to guilt or intimidate you into working unlogged hours, and they know they won’t have to pay you since there may not be any trail. Make sure you always get approval for any overtime hours, so there is a paper trail.
Q: How Long Does an Employer Have to Fix a Payroll Error in California?
A: In California, an employer generally has 30 calendar days to correct a payroll error. If they fail to correct the error before 30 days have passed, the employees affected by the error are entitled to a waiting time penalty of one day’s wages at their regular rate of pay for every day the error persists, with a maximum of 30 days.
Q: How Can an Employment Lawyer Help Me With an Overtime Dispute?
A: There are many different ways that an employment lawyer can help you with an overtime dispute. First and foremost, they can protect your interests from an employer who may be trying to take advantage of you. Your lawyer can advise you of your workers’ rights, help you gather evidence that proves your case, and help you negotiate with your employer.
Q: Is It Hard to Win an Employment Case?
A: Yes, it can be hard to win an employment case, but it’s not impossible. As long as you have an experienced employment lawyer and an effective strategy with a lot of evidence, there’s no reason your case shouldn’t have a strong chance of succeeding. Many employment cases are settled out of court, largely because the employer doesn’t want to risk reputational damage with a trial loss.
Contact a Lawyer Today
An experienced overtime dispute lawyer can confidently help you determine a way to resolve your overtime dispute. At English Lloyd & Armenta, we can help you build a strong case and gather the right kind of evidence you will need. Contact us to speak to a valued team member about your case.