Legal Question in Employment Law in California
Not Getting Paid for Worked Overtime
Hello, My wife works at a medical office as a medical administrative assistant in greater Sacramento area and works anywhere from 2 to 3 hours of overtime everyday of which she is not getting paid. She puts in OT to keep the office running properly and her boss tells her that the OT is not authorized and she will not be paid for it. Is this illegal and do we have avenue to get her the OT that she has worked for the last four and a half years? Also, her office is Union and it seems that they are not doing anything to help her. My wife tells me that she is putting every hour that she works on her time card so it appears that her boss must be altering her time card.
3 Answers from Attorneys
Re: Not Getting Paid for Worked Overtime
Whether or not she should be compensated for overtime will depend largely upon if she is a non-exempt employee. Exempt vs. Non-Exempt status is very contentious and I advise you to contact an attorney or go to the Labor Commissioner near you.
Re: Not Getting Paid for Worked Overtime
That time is compensable -- she can only go back four years -- so every day you wait to file suit, another day of pay is lost. .. there is a sacramento area attorney named david mallen who you might contact -- or contact me by private email. good luck
Re: Not Getting Paid for Worked Overtime
Well, it is unauthorized work? She is told to go home? If they ask her to pay and they don't pay her for the overtime, that is a violation. I would inform the union and demand they represent. You may contact me.
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