Legal Question in Employment Law in California

I recently worked for a company for 9 years in California. For the past 3 years I have been doing end of day/month billing. I would usually come home from work off the clock and when the shipping dept. was done they would call me to bill for the end of day. When I would take vacation and sick days they would call me to bill as well since I was the only one in the office that knew how. All this was done without compensation. My question is do I have any legal recourse to take action for work without pay?


Asked on 9/26/12, 6:32 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

If you are an non-exempt (hourly) employee, as defined by law, and were required or expected to work off the clock, you can seek compensation for those hours worked, going back as far as three years. Even though it is the employer's responsibility to keep track of the hours worked, if they deny you worked the hours claimed, it will be your burden to prove that you actually worked the hours claimed. If you believe you can do this, you can file a claim with the California Division of Labor Standards Enforcement in the county in which you worked.

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Answered on 9/27/12, 2:24 pm


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