When something feels wrong it usually is. Employers forcing off the clock work from their employees, feels wrong and it definitely is! If you can spare 90 seconds to read this article, you may be able to put several thousand dollars in your pocket and recapture your off the clock overtime pay! Your labor attorney can help you.
What should you do if you are owed overtime pay but did not keep record of your hours worked? Call your labor attorney! According to the California Overtime Laws, an employer is responsible for maintaining their own records of the time worked by their employees. However, not all companies have a organized system to track their employees hours.
Secret 1: If an employer does not keep accurate record of their employees hours or does not have a system to keep track of hours worked, such as a time clock, the employee is entitled to receive overtime pay based on “good faith, reasonable and realistic estimates."
Secret 2: The California Overtime Laws requires that every individual or company hiring workers must maintain payroll records that accurately show hours worked daily by and wages paid to all employees. The overtime pay records must be kept in accordance with the overtime law for two years. Unfortunately, not all employers abide by the overtime laws and regulations. If your employer does not keep them, he is out of luck!
For example, a food chain retailer hired seasonal employees to work overtime during major holidays such as Christmas and the 4th of July. However, this particular employer refused to pay overtime to employees who were classified as ‘part-time’ workers or temporary employees. Upon being refused overtime pay, a part-time worker filed a claim against their employer for refusing to pay overtime and won. The employee kept accurate records of hours worked even though they did not use a time clock. The employer was required to pay back pay of all hours worked during the previous holiday season.
Secret 3: Keep Your Own Records
Employees are advised to always keep record of their hours worked, even if their place of employment does not have a time clock. Employees are also advised to keep record of all pay stubs. If an employer happens to refuse to pay an employee full overtime pay, the employee has proof of hours worked. It is imperative that employees keep their own record of hours worked, including overtime, in the case there are no witnesses to hours worked.
If you are a California employee and believe you are owed Overtime or your employer has violated your rights, take action now and talk to an Experienced California Labor Attorney.
