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UNPAID WAGES & OVERTIME

Trusted Resource for Overtime & Wage Issues in California

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Were you paid all wages due to you at the time you were terminated? If you quit your job, did you receive all of your final pay within 72 hours? Note that, ordinarily, you are also entitled to compensation for any accrued but unused vacation pay. Did your boss force you to work off the clock or make you falsify time records to avoid overtime payments? Just like meal and rest periods, you may be eligible for overtime compensation even if you are a salaried employee, or misclassified as an independent contractor.

 

As an employee, you are entitled to all of your earned compensation. This includes not only your hourly or salary wages but also overtime, commission, bonuses, off-the-clock work, and vacation time that is unused upon termination of employment. Employers must pay you at least twice during a calendar month, on days designated as regular paydays. If you think that your employer erred in the calculation of your wages or that you are being denied all of your wages, you have a right to see your payroll records after making a reasonable request to your employer. If your employer fails to provide you access to your records, he or she can be fined and subject to a civil action

 

An employee who is discharged must be paid all of his or her wages immediately at the time of termination.  This includes accrued vacation days not taken during employment. Many people are not aware that direct deposits of wages terminate immediately when an employee quits or is fired.  Thus, another manner of receiving your last check must be determined based on whether you quit or were fired and on how much notice was given.  An employer who willfully fails to pay any of the wages owed to a terminated employee within a designated time frame can be assessed penalties.

 

In addition to unpaid wages, employees in California may be entitled to additional compensation such as interest or penalties when pay issues occur.

If you believe you have not been paid fairly for your work, including wages or overtime, SueMyCompany.com can help you understand your situation and explore your options.

We provide guidance to workers throughout California, including Santa Ana, Ventura, San Diego, Riverside, San Bernardino, Orange County, and Los Angeles. Start your free, no-obligation review anytime—24 hours a day—to see what steps may be available for your situation.

 

How the Claim Process Works

Recovering unpaid wages or overtime doesn’t have to be overwhelming. Our employment attorneys guide you through each step, handle the legal heavy lifting, and fight to recover every dollar you’re owed.
 

Step 1: Document Your Work and Pay
 

Step 2: Get a Free Case Evaluation
 

Step 3: Calculate What You’re Owed
 

Step 4: Take Legal Action
 

Step 5: Recover Your Compensation
 

Ready to take the first step? 

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Common Mistakes That Can Hurt Your Wage Claim

  • Waiting too long to act, which can limit how much unpaid wages you can recover.

  • Relying on your employer’s records alone, even when they may be inaccurate or incomplete.

  • Assuming your job title makes you ineligible for overtime when the law may say otherwise.

  • Confronting your employer without legal guidance, which can lead to retaliation or lost evidence

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Frequently Asked Questions

Who is legally entitled to overtime pay in California?
Most non-exempt employees in California are entitled to overtime pay for working more than 8 hours in a day or 40 hours in a week, regardless of job title or how they are paid.


What should I do if my employer refuses to pay overtime or unpaid wages?
You should document your hours worked, keep pay stubs or records, and speak with an employment attorney to understand your legal options for recovering unpaid wages, penalties, and interest.


How far back can I recover unpaid wages or overtime?
In California, employees may be able to recover unpaid wages and overtime going back up to three or four years, depending on the type of claim and how it is filed.

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