We get calls about this kind of situation from time to time. “I’ve been checking my records, and I don’t think I’m getting paid for all the time I worked. We don’t get paper statements anymore. But when I try to get my records, going back the last few years, my boss says they no longer exist.”
In California, employers have to keep such records for up to three years after an employee has stopped working at the company. So if you’ve been working there 4 years, they should have those records.
Suppose, for example, you worked 9 hours in a day, but were only paid for 8. That would be 1 hour of overtime you were owed for that day, and every day it happened. In a 5-day week, that would be 5 hours of overtime unpaid. Overtime pay accrues at 1.5 times the regular rate. At time and a half – the equivalent of 7.5 hours in a 5-day week -that would almost be the equivalent of missing a full day’s work.
Said somewhat differently, if that went on for a year, you would be shorted about 350 hours’ time – over two month’s time!
Have you been watching your time? Do you think some time is missing and hasn’t been paid, and you’ve asked for records, but they never show up? Maybe you should give us a call at either 818-547-5200 or 626-795-0205. Or you can email us at tom@falveylaw.com.
Thanks for reading. Thanks for working.
Tom the Lawyer 