Employee Duped, Not Paid California Overtime

Sacramento, CAIf you are promised California overtime, wage and hour attorneys advise that you get it in writing. Not paying overtime is one of the most common California labor law violations.

William started working for Yolo Sportsmen's Association "Y.S.A." in August 2008 as Office Manager. During 2008 and 2009, the Association had an additional part-time cashier to help out in the office and work longer during spring and summer, when the club closes a few hours later than the winter months.

"In 2010 the club manager, Gary, and I decided not to hire a new employee again for the extra hours because it was such a pain to train someone," says William. "I told Gary that I didn't mind working overtime and he agreed to pay me time-and-a-half over eight hours a day.

"So we came up with a plan to keep track of my hours and that I could take them as 'Comp Time' at my regular rate when I needed time off for my knee surgery or whatever time off I needed and still get a full paycheck. I agreed to take five hours max in overtime and bank the rest.

"At the June 15th Board Meeting, I was made Manager and put on salary instead of hourly wages, to be reviewed at the end of the year.

"I had knee surgery in July and came back to work in August, but I was handed a check for one week of work and terminated. I asked about my 'comp time' and Gary replied something to the effect that I wasn't going to get that, and he said it in front of a witness. During all the months that I worked this comp time, I have plenty of witnesses that will attest to the hours I worked. I opened around 7 am, went on the clock officially at 8 am and worked until closing time.

"My wages started out at $15.00 an hour in 2008, and the Board voted on a five percent increase per year back in 2009. So I calculated that I am owed about $5,000 in overtime pay."

William has made an appointment with the Labor Board in Sacramento, but he isn't optimistic that they can help as they appear to have a "backlog" of claims, and William is having problems accessing his payroll records. He will likely have better results with an experienced California overtime attorney.