If you think that your employer hasn't been paying you the overtime wages that you're owed, then you need to take action. Many employees don't realize they're entitled to overtime pay, or they don't know how to go about getting it. In this blog post from the Law Office of James Hawkins APLC in Orange County, we will discuss the steps that you need to take if you want to get the overtime pay that you deserve.
Steps to Take If You Think Your Employer Hasn't Paid You the Overtime You're Due
Learn More With Our Experienced Attorneys
Steps to Take If You Think Your Employer Hasn't Paid You the Overtime You're Due
Step 1: Speak to Your Employer
The first step that you need to take is to talk to your employer. Many times, employers will mistakenly withhold overtime pay because they don't know the rules or they're trying to save money. If you have a good relationship with your employer, then they may be willing to rectify the situation without any further action on your part.
Step 2: File a Claim
If talking to your employer doesn't result in you getting paid the overtime you're owed, then you need to file a claim with the California Division of Labor Standards Enforcement (DLSE). The DLSE will investigate your claim and if they find that your employer has violated the law, they will order them to pay you the overtime wages you're owed plus interest.
Step 3: Gather Documentation
When you file a claim with the DLSE, they will ask for documentation that supports your case. This may include pay stubs, timesheets, or emails/text messages between you and your employer. The more documentation you have, the stronger your case will be.
Step Four: Wait for a Decision
After you've filed your claim and submitted all of the necessary documentation, all you can do is wait for a decision to be made. The DLSE will investigate and make a determination about whether or not your employer owes you overtime wages. If they find in your favor, then you will receive the money that you're owed plus interest. If not, then you may choose to file a private lawsuit against your employer or take no further action.
Work With an Experienced Employment Lawyer
If you haven’t been paid the overtime wages you’ve earned after speaking with your employer about it, your first step should always be to reach out to an experienced employment lawyer. While you can file a claim on your own, the process can be complex, so it’s a wise decision to have an experienced team of California overtime attorneys on your side to ensure you receive the compensation you’re entitled to. Contact the Law Firm of James Hawkins APLC today to inquire about our employment legal services.