Law Office of Jeffrey D. Fulton

What happens if you've been denied overtime payment?

As a worker in California, you have certain overtime rights. This is true even if you're a salaried employee, which many people may not know. There are laws that dictate how overtime works in any particular state or job, and knowing how they apply to your situation can help you from losing out on overtime payment.

PayScale points out that there are a lot of fallacies floating around regarding overtime pay. How it works, what it covers, and aspects of authorization may all be things that you question. For example, employers may say they don't need to pay you overtime because it wasn't authorized. While it may be against company policy, they are still not legally allowed to withhold payment from you if you do happen to work unauthorized overtime.

After determining whether or not you have been denied overtime payment wrongfully, your next steps should involve carefully documenting the incident and reporting it. If your employer has misclassified you, such as stating that you're an independent contractor when you aren't, you should report it to the Department of Labor after determining that you have really been misclassified. This is another tactic that employers sometimes use to cheat you out of the overtime pay you have earned.

It might be difficult in some cases to determine if you really are losing out on overtime pay. However, if you have an idea that you're being intentionally cheated out of money you deserve, it might be in your best interest to follow up on it and see if you can get that lost payment back.

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