If your employer is not paying you for overtime hours worked, the first step is to document your hours and any communications related to your pay. California law requires employers to pay overtime to eligible employees who work more than 8 hours in a day or 40 hours in a week. You can file a complaint with the California Labor Commissioner, or you can contact the Law Offices of David J. Gallo for a free consultation to explore your legal options for recovering unpaid wages.

Misclassification occurs when an employer incorrectly categorizes an employee as an independent contractor to avoid providing benefits like overtime pay. The key factors that determine whether you’re an employee or independent contractor include how much control the employer has over your work, the type of work you do, and the nature of your employment relationship. If you suspect you’ve been misclassified, we can help you evaluate your situation and determine if you’re entitled to employee benefits.

In California, employees typically have up to three years to file a claim for unpaid wages, overtime, or meal and rest break violations. However, in some cases, claims can be extended up to four years if the violation also breaches a written contract. It’s important to act quickly to preserve your right to file a claim. Contact the Law Offices of David J. Gallo to get advice on your specific case and ensure your claim is filed within the required time frame.