There isn’t anything more frustrating than working hard and not having your work and your time valued. Being paid the correct amount of money for their hours worked, including overtime pay, is how the average person comes up with a budget they can live with. For many people, this is the way they’re able to feed their family or keep a roof over their heads. When an employer then fails to pay the overtime an employee is entitled to, it can be absolutely devastating.
If you believe you’re entitled to overtime and your employer isn’t paying you the money you have clearly earned, contact the lawyers of Sessions & Kimball today. You can use our online contact form or call us at (949) 380-0900 for a free consultation.
What Should I Do If My Riverside Employer Isn’t Paying Me Overtime?
If you’ve determined that you are eligible for overtime and your employer isn’t paying you for it, it may be necessary to contact a Riverside employment law attorney right away. If you and your overtime lawyer aren’t able to sort out the payment issue with your employer amicably, it’s probably time to file a wage claim.
How To File A Wage Claim in Riverside
In California, if you are entitled to overtime or other wages that your employer isn’t paying you, you can file a wage claim with the Labor Commissioner’s Office. You can file the claim via email, regular mail, or in person. The claim forms and instructions can be downloaded directly to your computer and they are available in multiple languages. Once you file a wage claim, it starts the process for you to collect any unpaid wages.
When you file a wage claim, you may need to submit the following documents, when applicable:
- Time records supporting the number of hours you worked and why you’re entitled to overtime pay.
- Paychecks and pay stubs showing that you didn’t receive the money you’re entitled to.
- Bounced paychecks. If your employer attempted to pay you but either accidentally or intentionally gave you a check that bounced, you should provide this as evidence of your unpaid wages.
- A collective bargaining agreement, if applicable.
After You File Your Claim
Once you file your claim, the Labor Commissioner’s Office will investigate and determine if and what you are owed. Usually, the office will then set up a conference with you and your employer in an attempt to settle the dispute about what wages you are owed. If an agreement cannot be reached, a hearing will be scheduled
At the hearing, testimony and evidence will be presented by both parties. If you fail to show up for this hearing, your claim will be dismissed. If your employer fails to show up, the hearing officer will decide the matter on the evidence and testimony you present. Your employer will obviously not have a chance to respond to your evidence or claims. If you have witnesses, you want to make sure you bring them to the hearing so they can testify on your behalf.
After The Hearing
After the hearing, the officer will make a decision within 15 days. Both you and your employer have the right to appeal the decision. If the decision is appealed, the case moves to the local county Superior Court and is no longer under the jurisdiction of the Labor Commissioner’s Office. You may have a Riverside attorney represent you at any point in the wage claim process.
Sessions & Kimball Will Help You Get The Payment You Earned
At Sessions & Kimball, we have made it our job to get you the compensation and justice you deserve. If you’re entitled to overtime, and your employer is withholding your wages, don’t hesitate to reach out to us for help. Contact our Riverside overtime attorneys by using our easy-to-use contact form or call us at (949) 380-0900 for a free consultation.