Working overtime, long after your stipulated office hours are over, is a tedious and immensely draining affair. So, when you get cheated or robbed of your deserved wages, the horror and anguish one feels is beyond any words.
But there is no need to despair. In California, the law requires employers to pay eligible employees twice the rate of their wages when they have worked more than 12 hours in one workday or more than eight hours on their seventh consecutive day of work. According to this law, those employees who qualify for overtime are normally paid 1.5 times their usual rate when they work more than eight hours a day or more than 40 hours in a single week.
Here are some tips on unpaidwages.com for winning the unpaid overtime claim you deserve. Read on to know more:
What Can You Do To Win Back Your Wages?
Make Sure To Record Your Working Days
It is imperative to record the number of hours you worked. Your employer may not have maintained the total number of hours you actually worked. You may have been misclassified as an employee who is “exempt” or “salaried.” Sometimes, this can also be deliberate. Employers can also list employees as “independent contractors” to deprive them of the perks they deserve, including sick leave.
But you need not worry. If you can just provide an accurate record of the total number of hours you’ve worked for (along with the dates and a work log to back it up), your claim can be strengthened. You can track your hours using a computer, mobile, tablet, or even a notebook.
Do Not Be Bothered by Any Classifications
Here, we come back to the earlier point about employers listing their workers differently to avoid paying them. You should understand that any kind of label does not bind you. Many employers mislead their employees by telling them they are ‘exempt’ from the Fair Labor Standards Act. This might be because they are already being paid a certain salary level, or maybe they work as independent contractors. In the majority of cases, employers misclassify an employee as a manager or supervisor. In case of any doubt, speak to an experienced lawyer to determine whether you are entitled to compensation for your overtime.
You Should Make an Honest Assessment of Job Duties
You should try to make an honest assessment of all your duties. If you’re mainly working under a supervisor, then you do not have a lot of discretion regarding the specifics of doing your job. But if you spend all your time in manual labor, you should be considered “non-exempt,” meaning you are eligible to receive overtime wages.
If your duties are not supervisory by nature, you should be paid by the hour. As mentioned earlier, you’d be entitled to compensation for all the hours you worked over 40 per week.
Speak to Others in Your Company
Likely, many other people in your company are not getting wages that they deserve. You can take them into confidence and chart out an action plan together. If you fear being singled out and made a target for retaliation if you’re alone, having others beside you will strengthen your position and confidence.
Do Not Make Any Social Media Posts While Your Claim Is Ongoing
Do not post anything about a pending pay claim on social media or anywhere else. There’s no true privacy on social media, and anything you say or post online can be used against you. In fact, refrain from posting photos or videos about anything in your life until the payment is settled.
Contact a Lawyer
Last but not least, contact a lawyer as soon as you can. You should keep the two-year statute of limitations in mind; you won’t be able to claim anything after the limitations period has expired. It is essential to act on time so your right to the claim does not expire.
Wrapping Up
Overtime wage settlement is a sensitive issue, and fighting for it can be daunting. But do not fear. You have nothing to worry about if your claims are correct and the law is on your side. Follow all these tips and get a good lawyer as soon as you are ready to stake your claim.