In most cases, your boss cannot ask you to stay at work late without pay, as it is illegal. Generally, federal and California law require that you be paid for any extra hours that you work, whether that means starting earlier or staying later.
If you are unsure about your rights and legal options after working late or early without pay, a Los Angeles overtime violation lawyer can help you understand what legal steps you may have and whether your employee rights were violated.
Below, we’ll help you understand some of the ins and outs of overtime work, including when there may be violations on a national and California-specific level.
What the Federal Law Says About Working Late Without Pay
Federal law, specifically the Fair Labor Standards Act (FLSA), requires employers to pay their workers for all hours worked, unless they are considered exempt employees.
To determine whether you are exempt or non-exempt, you should consider your pay structure, salary level, and job responsibilities.
Because employee classification rules can be complex, consulting a Los Angeles employment lawyer may be the best way to determine whether you are entitled to wages or overtime pay for additional hours worked.
What Are Some Examples of Work That I Should Be Compensated for?
If you are a non-exempt employee, any kind of work that is performed for the benefit or profit of the employer in any way will need to be compensated. This can happen before, in between, or after your scheduled work shift.
Here are some common types of work that must be compensated:
- Coming in early to set things up for work, including equipment, stations, table settings, tech, or anything else that is needed for the workday. On the opposite end, this can include staying late to clean or organize these assets.
- Answering work emails, texts, phone calls, or similar administrative work after hours
- Attending mandatory meetings, trainings, or conferences outside scheduled work hours
- Performing job duties during meal or rest breaks
Employers are generally responsible for maintaining accurate time records and ensuring employees are paid for all compensable work time.
Can Your Employer Threaten You for Refusing to Stay Late Without Pay?
Your employer is not legally allowed to threaten you for refusing to work extra hours without proper compensation. This goes beyond a threat, too, as the FLSA protects employees from retaliation (if you refuse to work overtime without pay). It also applies to reporting.
It’s important to understand the different types of retaliation, such as reduced hours, lost opportunity, demotions, disciplinary actions following the incident, and termination.
If you faced any of these or similar actions because you refused to work overtime without pay, you may have grounds for a retaliation or wrongful termination claim, based on the details of your case.
What Should I Do if I Worked Overtime Without Pay?
If you believe you are facing unpaid overtime work, there are important steps you can take to protect your rights and your legal options:
Keep Track of Everything You Can About Your Work
It’s important to keep track of the details of your work. Keep track of your scheduled hours, the extra hours you worked, and all the tasks you performed. Save any form of communication like texts, emails, and Teams or Slack messages. The more detail you can get, the better.
Carefully Review Your Pay Details
Next, it will be essential to take a look at your pay stubs, specifically the hours you were paid and the hours that were recorded. Compare this to the actual hours you worked and ensure there are no discrepancies.
Report the Issue Internally
Consider reporting the problem to human resources, payroll, or a supervisor higher in the chain of command. In some cases, wage discrepancies result from administrative errors that can be corrected quickly.
File a Complaint With the Correct Agencies
If the issue is not resolved, you may file a complaint with the Wage and Hour Division of the U.S. Department of Labor or the California Labor Commissioner’s Office. These agencies investigate wage theft and unpaid wage claims.
Reach Out to an Employment Law Firm
Get in touch with an employment law firm. An experienced employment lawyer can evaluate your situation, determine whether wage and hour violations occurred, and explain your legal options.
What Kind of Compensation May Be Available?
Here are some of the most common types of compensation that are associated with these kinds of claims:
- Back pay for all unpaid hours worked
- Overtime wages for eligible hours worked beyond legal limits
- Liquidated damages under the FLSA, which may double the amount of unpaid wages
- Interest and statutory penalties under California law
- Attorneys’ fees and litigation costs in certain cases
Generally, FLSA claims must be filed within two years of the violation, although the deadline may extend to three years for willful violations.
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Wage theft can take many forms, including a boss requiring you to stay at work late without pay.
Both federal and California laws provide protections designed to ensure workers receive the pay they have earned. If your employer has asked you to work late without pay, you may be entitled to recover unpaid wages, overtime compensation, penalties, and other damages.
At Omega Law Group Accident & Injury Attorneys, we put our clients first, always. Contact Omega Law Group today for a free consultation to discuss your situation and learn more about your legal options.
