Overtime wages compensate employees for hours worked beyond the set standard. Under both Federal and California law, employers must pay overtime wages to employees that work more than eight hours in a day or a 40-hour work week. Failure to pay overtime wages is unlawful. If you are not compensated for your overtime hours, you may be entitled to compensation.
If you believe you were not paid for your overtime hours, consult with Blackstone Law. We provide exceptional representation and go the extra mile to hold your employer accountable through an unpaid overtime lawsuit. Schedule a consultation today for an assessment of your claim.
Suing for Unpaid Overtime in California
You may be eligible to seek unpaid overtime wages and other damages by submitting a labor board claim or lawsuit against your employer for violating California’s wage and hour laws. Some examples of lawsuits filed against employers for failure to pay overtime include:
- Failing to provide overtime wages for working more than 8 hours per day
- Failing to pay employees for working more than 40 hours per week
- Failing to compensate employees for working six consecutive days
- Requiring an employee work outside of regular working hours
- Requiring an employee work during their unpaid lunch break
- Misclassifying employees as exempt workers
- Misclassifying employees as independent contractors
Even if your employer owes you a small amount of overtime pay, retaining an experienced employment lawyer promptly to assess your case is essential. In addition to recovering unpaid overtime pay, you may also be entitled to interest or attorney fees.
How to Initiate an Unpaid Overtime Lawsuit Against Your Employer in California
If your employer failed to pay you overtime hours in California, you may file a compensation claim through the California Labor Commissioner’s Office’s Division of Labor Standards Enforcement. Upon receiving your claim, the DLSE may decide the following:
- Rebut the allegation.
- Direct the case to a settlement meeting, in which the entities can resolve the claim without going to court.
- Set a hearing where the parties, as well as witnesses, may present their case in front of a judge, who will provide a decision and award.
At Blackstone Law, we will handle all aspects of your claim before filing them in court, including filing grievances against your employer. The employer’s response to the grievances requires a description of possible defenses and whether they acknowledge or dispute the claims against them.
The experienced attorneys at Blackstone Law go above and beyond to gather the best evidence for your claim. We will review and analyze all of the information from you and your employer such as your payroll records and personnel file to anticipate the employer’s defenses and create a strong litigation strategy. Further, your attorney will gather all relevant information from witnesses to strengthen your claim.
Retain the Service of an Experienced California Employment Lawyer at Blackstone Law
If you are a victim of unpaid overtime or wage theft in California, retain an experienced employment lawyer for a comprehensive assessment of your claim. You may be entitled to seek compensation in the form of an unpaid overtime lawsuit.
At Blackstone Law, we are committed to fighting for the legal rights of employees. We handle a variety of complex cases and employment disputes, advocating for the hard-earned compensation you deserve. As an award-winning trial attorney, Jonathan M. Genish has been continually honored as a Southern California Rising Star by Super Lawyers, placing him in the top 2.5% of attorneys in Southern California. Schedule a consultation today at (310) 956-4054, or fill out our contact form.