How do I address unpaid overtime wages?

If you go to work and complete your job, you expect to be paid in a timely manner. If you are an hourly employee and work more than 40 hours a week, you should receive overtime pay. Salaried employees are generally not entitled to receive overtime pay.

Overtime is paid at a rate of 1.5 times your normal rate of pay. This may include your hourly rate plus other forms of compensation.

If your employer has not paid you overtime wages, there are options to address it.

Discussion with your employer

First, it’s important to keep detailed records of your work hours, both regular hours and overtime work. You may be able to access this information online, through your printed pay statements or through your company’s human resources department.

You may also want to review your company’s policies and procedures to understand the rules and requirements for overtime.

If you feel comfortable discussing the issue directly with your employer, they may help determine whether it was an unintentional payroll error or a miscommunication and then fix the issue.

It is against the law for your employer to retaliate against you for claiming the right to overtime pay.

Filing a complaint

If the communication with your employer is not successful, you may file a wage complaint with the Division of Labor Standards Enforcement (DLSE).

DLSE will investigate the claim and determine whether your employer owes you the overtime pay. They may contact your employer for more information.

There may be time limits to submit the claim.