I bet you did not know how much the deck is stacked in your favor when it comes to the California Overtime Law. It is as easy as 1, 2, 3. If you can spend the next 3 minutes taking the time to read this article you will find out just how easy recovering your overtime really is.



California Overtime Law and the U.S. Department of Labor’s Wage and Hour Division (WHD) are responsible for administering and enforcing laws in California that establish minimally acceptable standards for wages and working conditions, regardless of the immigration status of the employee—this includes overtime pay.

Under California Overtime Law, a worker can not file suit if he or she has been paid back wages under the supervision of Wage-Hour or if the Secretary of Labor has already filed suit to recover the wages.

A 2-year statute of limitations applies to the recovery of back pay, except in the case of willful violation, in which case a 3-year statute applies—even with the California Labor Law Overtime. Also, in California many do not know that a 4th year of overtime can be claimed under California Business and Professions Code 17200.

Step 1: Taking Litigation Action for Overtime Pay

Step 1: You can file a lawsuit through an attorney against the employer to recover the lost wages—under the California Labor Law Overtime .

California Overtime dictates wage claims, investigates discrimination and public work complaints, and enforces Labor Code statutes and Industrial Welfare Commission orders, especially when it pertains to overtime.

Employees and former employees can file a wage claim to recover past overtime pay:

•Unpaid wages-- this includes overtime pay, commissions and bonuses.

•Wages (overtime pay) paid by check issued with insufficient funds.

•If an employees last paycheck is not received.

•Unauthorized deductions from employee’s paychecks.

•Failure to provide a meal and/or rest period or overtime in accordance with the applicable Industrial Welfare Commission Order (overtime law).

To be certain of all the various claims you can make, it is best to speak to an overtime pay attorney.

Step 2: When can you file an California Overtime Pay Claim?

Under Overtime Law, an overtime claim based on an oral agreement must be filed within two years from the date the claim arose. An overtime claim based on a written agreement must be filed within four years from the date the overtime claim arose.

Under California Labor Law Overtime, an overtime claim is generally filed against an employer for violations that are applicable to all or a group of employees.

It is always best to bring in other plaintiffs with you. They are in effect built in witnesses to your claim and pressurize the case for the earliest settlement. To be certain about which witnesses to bring in, talk with a California overtime law attorney before proceeding.

Step 3 California Overtime Law Litigation Process

Businesses can prosper and grow with the proper litigation of California attorneys. The California Overtime Law protects business owners, commercial entrepreneurs and employees in general. The services and advice of California Labor Law Overtime is provided. This is designed to protect clients’ interests as well as foster productive employment environments. The most suitable Overtime Law attorneys should have extensive experience in every aspect of California Labor Law Overtime.

When it comes to litigation, sound advice should be provided to clients to help establish and administer constant Overtime Law policies designed to be fair to employees. This properly classifies employees according to the California Overtime Law policies—as well as federal wage and hour laws. Potential unpaid wages, penalties, lack of overtime pay, interest and attorney’s fees should be confronted when facing litigation under the rights of California Labor Law Overtime. To protect your rights, consult an overtime pay attorney before proceding.

By: Kathleen Armitage