Anonymous asked in Politics & GovernmentLaw & Ethics · 1 month ago

Can i sue my boss for not paying me overtime for 2 years?

I been working at this company for 2 years, i work every weekend from home for about 2-4 hours every weekend for the last two years.

Supposidly i am fix salary, but i still have to clock in, and if i miss work for a few hours etc it gets marked down on my paycheck.

I plan on quitting my job within the next month, bosses are pushing me harder and want me to do more overtime, without getting paid.

How can i claim these hours? I have proof that i work weekends, i have all the emails i send, and i write down my hours every time.

I live in California, can i legally request these hours to be paid? or do i need to sue? I would rather not sue, but that is a lot of unpaid time.

No contracts signed, but they claim im exempt, and on salary, but any hour i miss work gets deducted. However, my pay is based on my sales as well... so.. yeah its weird.

What can i do here?

12 Answers

  • L
    Lv 4
    1 month ago

    An employee, on Salary, can NOT sue for overtime unless it is in their contract.

  • Josa
    Lv 6
    1 month ago

    Yes, it is weird.  A salaried position doesn't usually have overtime however, if they're docking you for hours missed then they should pay your extra hours.  Unless it's a weekend or two a year.

    'Report widespread cases of wage theft to the Labor Commissioner's Office. 

    You can report any employer committing wage theft, even if you do not work there. 

    The LABOR COMISSIONER'S OFFICE cannot investigate every report and prioritizes those that involve widespread wage theft affecting large groups of workers. 

    After an investigation, the Labor Commissioner's Office can issue citations, attempt to collect wages due to workers, and work with the employer to correct any violations. 

    If you are a victim of wage theft, you should file a wage claim in order to recover your unpaid wages.'

  • Anonymous
    1 month ago

    If you are on salary, you don't get paid for overtime. End of. Other than leave and find a better job, there is nothing you can do

  • 1 month ago

    If you are LEGITIMATELY on salary, you ARE NOT paid by the hour and it IS NOT overtime.

  • How do you think about the answers? You can sign in to vote the answer.
  • Anonymous
    1 month ago

    If you really plan to pursue it.  Speak to a lawyer.  If they dock you for hours you miss, then you are not exempt.  By pay based on sales do you mean bonus or commission type situation?  You also need to consider what proof you have that you worked those hours.  A lawyer should be able to tell you if it is worth it without spending much money, some might even do an initial consult for free.

  • Anonymous
    1 month ago

    Talk to HR before you call a lawyer.  You likely signed something when hired agreeing to your exempt status with the company.  If you sue the company they will just show that paper work to get the case dismissed, or worse choose to countersue you for the company's legal expenses.

    Even if you were an hourly employee you can't claim overtime pay for work performed when not on the clock (i.e. employers choose when you work, not the hourly employee)

  • 1 month ago

    In CA a salaried person must be in a supervisory capacity so that might be a factor(?) It does appear that you have a case and you should consult an attorney. You would be suing the company, probably not your boss unless he/she owns the company. It will, however, most likely end your employment by the company.

  • 1 month ago

    sure you can and you need to

  • 1 month ago

    U can sue anyone for anything.  Get documentation on what u stated and work it 

  • Rick B
    Lv 7
    1 month ago

    You are "fix salary"?  If that means you are an exempt employee, then you are not eligible for overtime.

    BUT, It sounds like you are not being treated as an exempt employee.  You would need to get an employment lawyer to talk to you about your chances of winning.  They may be able to simply write a letter of demand and get results without the need to go through any legal proceedings.

Still have questions? Get your answers by asking now.