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Job Discrimination and Harassment : Includes discrimination in employment on the basis of race, color, creed, national origin, gender, disability, etc.
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Old 10-16-2003, 12:56 AM
Kellysfv
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collecting overtime


What is the name of your state? CA.I worked for an independent contractor who no longer employs the 25 drivers we had.He paid us hourly straight across with no overtime.The problem is we never had a time clock to punch in. We worked a set schedule so to speak,I worked from 6:45/but no later than 7 a.m. start to at least 5:30 p.m. every night. I have a date/hearing to collect overtime which I ball parked figured it to be $2,000.00,set for December 2003. How do I prove how much he owes me or do I just need to prove there was overtime and it was not paid? Should I just have a few other employees subpoenaed? I worked for him from November-February 2002,and others worked years for him.Thank you!
  #2  
Old 10-16-2003, 07:20 AM
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The Fair Labor Standards Act (and I expect your State wage and hour laws as well) require employers to keep accurate records of hours worked by non-exempt (hourly) employees. I obviously can't say for certain but if your employer has no records of the hours you worked, chances are the State adjudicator will look favorably towards your claim. You should bring whatever records you have about your work hours. I also expect it wouldn't hurt to have one or two witnesses there who can testify about your customary work hours.
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