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Do You Have The 2 Secrets On How To Double Your Overtime Pay Claim Under The Overtime Law?
By Tymon Hytem
If someone told you that you could safely and easily double your overtime claim would you do it? Sure you would. Take the next two minutes, if you will, to read this article about damages and the law when it comes to overtime. You will be happy you did and it could but thousands of dollars more into your pocket!
The U.S. Department and the California Overtime Law uses different ways and means to implement the requirements of the Labor Act. Not only are they responsible for enforcing and administering laws which establish minimally acceptable standards for wages, overtime and working conditions in California regardless of the status of the employee.
California Overtime Law requires the payment of extra compensation to workers who have delivered more than 8 hours during a working day. This apparently is providing they are not covered under the exemptions. California Labor Law Overtime was enacted to provide security to employees. Thus, the presumption in California Overtime is towards the coverage of all employees under the Overtime Law in California.
Secret #1 Rules for Claiming Damages under the Federal Law
There are methods which California Labor Law Overtime provides for recovering unpaid minimum and/or overtime wages: Wage-hour department may supervise payment of back wages; the Secretary of Labor may bring suit for back wages (overtime pay) and an equal amount as liquidated damages; an employee may file a private suit for back pay (overtime pay) and an equal amount as liquidated damages, plus attorney's fees and court costs; the Secretary of Labor may obtain an injunction to restrain any person from violating California Overtime Law, including the unlawful withholding of appropriate minimum wage and overtime pay; an employee may not bring suit if he or she has been paid back wages under the supervision of California Labor Law Overtime or if the Secretary of Labor has already filed suit to recover the wages; and a two-year statute of limitations applies to the recovery of back pay (overtime pay), except in the case of obstinate violation, in which case a 3-year statute applies. Be sure to speak
to an attorney to see if state of federal law is more favorable to your case.
Secret #2 Filing a California Overtime complaint
Under California Overtime Law, if the employer fails to pay wages and overtime, an employee may file a complaint with the Industrial Commission of California or even file a complaint in the judicial court. If you file a court claim, you can request for treble damages, which is normally three times the amount of wages owed (including overtime). However, the judge decides whether the salary damages will be given to you or not. An employee can’t be awarded outside of court under Overtime Law in California, although it may take less time (depending on the court chosen).
When an employee has overtime and/ or wage violations—especially minimum wage—that individual can file a claim with the Wage and Hour Division of the Department of Labor. The overtime laws in California are designated to protect employees. The judicial courts naturally construe the overtime laws to offer employees the maximum protection. Under California Labor Law Overtime, not the employee, but the employer has burden of proof to show evidence that the employee is suitably paid.
Overtime Law’s Wage and Hour Division in California manages complaints regarding violations of assorted laws and regulations it administers. In California, you can file a wage claim with the DLSE (Division of Labor Standards Enforcement, The Labor Commissioner’s Office) or you can even file a lawsuit against the employer to recover the lost wages (overtime pay). If you feel you are owed back overtime, be sure to talk to a California overtime pay attorney as soon as possible.
By: Kathleen Armitage
Kathleen Armitage is a freelance journalist who frequently contributes and comments on California labor issues. Learn more by visiting web sites such as || Overtime and California Labor Law||||
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