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Q: I work 10 to 12 hours a day but my employer pays me a fixed salary of $1,500 a month. Am I entitled to overtime payment for work done beyond 8 hours? Can I make this claim on my own or do I need an attorney to do it for me?A: You are entitled to overtime payment even if you are a salaried employee. Depending on the circumstances of the claim, an employee may or may not need an attorney to file a wage claim.
What is a Wage Claim?
A wage claim is a claim that an employee may file against an employer to recover unpaid wages (including overtime compensation, commissions and bonuses); wages paid by check issued with insufficient funds; final paycheck not received; unused vacation hours that were not paid upon termination of the employment; unauthorized deductions from paychecks; unpaid or non-reimbursed business expenses; and compensation due for the employer’s failure to provide a meal and/or rest periods.
What is the Time Period for Filing A Wage Claim?
A claim based on an oral agreement must be filed within two years from the date the claim arose.
A claim based on a written agreement must be filed within four years from the date the claim arose.
A claim for minimum wage, unpaid overtime, and other statutory claims must be filed within three years from the date the claim arose.
Where and How to File A Wage Claim?
An employee may file a wage claim in court, in which case attorney assistance is important. In the alternative, the employee may file the claim with the Division of Labor Standards Enforcement (DLSE). The employee can fill out an Initial Report or Claim Form available at www.dir.ca.gov/dlse/DLSE-Forms-Wage.htm. The filing should include as much information and documentation as possible, including the name, location, method of doing business of the employer, and any documents to support the claim. Additional information on filing a wage claim is available at http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm.
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