Legal Question in Employment Law in California

Claiming 2.5 years of back-over time pay.

Two months ago I was asked by my employer to fill out a form describing in detail my job responsibilities. My title and job was under question in terms of whether or not I was exempt from receiving overtime. Yesterday I was told that I am being switched from salary to hourly. I have been classified wrong for 2.5 years. I have worked, on average, 2 hours a day overtime since I was given my current administrator title. Can I claim the $45,000.00 in over-time pay that I did not receive?


Asked on 10/22/04, 2:19 am

4 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Claiming 2.5 years of back-over time pay.

If you job was only managerial in title, State and Federal Laws provide for overtime pay. Call me directly at (619) 222-3504.

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Answered on 12/11/04, 7:37 pm
Terry A. Nelson Nelson & Lawless

Re: Claiming 2.5 years of back-over time pay.

You can file a claim of unpaid OT with the Labor Commissioner. You will likely need help from experienced counsel to pursue this, as the employer is most certainly going to fight it at the hearings and trial of the matter. Contact me if interested.

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Answered on 12/08/04, 1:54 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Claiming 2.5 years of back-over time pay.

In California, the Labor Commissioner will allow you to go back three years to collect overtime. Need to review much to consider whether claim reasonable. Call if you wish.

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Answered on 12/06/04, 4:31 pm
Scott Cole Scott Cole & Associates, APC

Re: Claiming 2.5 years of back-over time pay.

Although a determination of your entitlement to overtime wages depends on the nature of your work duties, I strongly suspect that you are entitled to overtime if your employer asked you to fill out a form describing your job responsibilities and then reclassified you.

Determining your eligibility for overtime for the past several years requires analysis of your specific tasks and the time spent performing them. Our website at www.scalaw.com discusses this in detail. Since we focus on overtime litigation, we'd also be in a position to answer any questions you have about your case. Feel free to contact us at (510) 891-9800.

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Answered on 12/06/04, 5:27 pm


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