unpaid OT & DT

[astig1215]

What is the name of your state? CA.

I started working with this company in 1999. They've just started paying me doubletime for the hours I've worked over 12 hours in 2004. I was wondering if I can still get my unpaid doubletime and 7th consecutive workday overtime for the first 8 hours and doubletime pay for the succeeding hours from 1999 to 2003? And also if i quit, would I still be able to get my paid 2 weeks vacation for this year?

Thanks.........

 

[cbg]

Probably not all the way back to 1999. For one thing, as far as I know the doubletime requirement only started in 2000. I'm not sure about California, but in most states, they'll only go back two years, three if the violation is determined to be willful.

If you quit, you must be paid whatever vacation you have accrued but not used. Depending on how your employer accrues vacation, that does not necessarily mean the entire two weeks you would have earned in 2005 - in fact, it probably doesn't.

 

[pattytx]

I agree with cbg, you probably have waited too long for the older years. Contact the Division of Labor Standards Enforcement to file a claim. And BTW, the daily overtime and double time provisions have been in the law for many, many years in California. There was one year, about two or three years ago, I think, where they reversed the double time requirement, but they had so many complaints, the law was added back.

 

[cbg]

I think what I'm talking about is when they put it back.

 

[pattytx]

Guy at DLSE office I called couldn't tell me either, but it's irrelevant because he also told me the statute of limitations for filing a claim is one year after the occurence, and I know it's been back "the old way" for at least that long.

 

[cbg]

Yep, I would definitely agree with that!