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Q.What can an employee do if the employer doesn’t pay required overtime wages?
A.The employee can file a wage claim with the Division of Labor Standards Enforcement (the Labor Commissioner), or file a lawsuit in court against the employer in to recover the unpaid overtime wages owed plus applicable penalties and attorneys fees.
Small Claims Court may in some cases be appropriate for claims under $7,500.
If you no longer work for this employer, you may also demand the waiting time penalty pursuant to Labor Code Section 203.
If you would like assistance with filing a California wage claim with either the California Labor Commissioner or a California Small Claims Court, call 818-849-5206 or email Melissa C. Marsh, Esq. to speak with a licensed California attorney. Mention this article and receive a 30-minute consultation for just $99.
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