Wage issues, no overtime pay, wage theft

[Ana Mares]

Jurisdiction

California

First thing: On A weekly basis I work over 40 hours a week since I have been employed where I am now. I get paid weekly with no overtime what so ever. Have been told "we dont pay overtime here. Only unions pay overtime" On my pay stubs it shows only 40 hours and my boss writes be a separate check for the remainder of hours. about a month ago or 3 weeks ago I worked 8 or 9 day in a row like 83hrs with NO DAY off, no overtime pay, and all my pay showed was 40 hours and my boss wrote me a seperate check for the other 43 or so hrs. She does the same thing to my co-worker who is her favorite. is this considered wage theft? what should I do? and How do I quit this job and still be eligible for unemployment.

I also forgot to mention that two days a week. usually tuesday and thursdays I work roughly 12+hr days/13 hr days.

 

[cbg]

I've got news for your boss. He doesn't get to decide if he pays overtime or not.

I can't promise you that you'll get unemployment if you quit. That's always a toss-up. But you've got a better chance than most under the circumstances. However, I'm not sure that's your best option. Before you do so, I STRONGLY recommend that you contact the CA DLSE and discuss your situation with them. You can file a wage claim for unpaid overtime with them, and CA takes it VERY seriously. You cannot legally be fired for this; if you are, you not only will get your unemployment but you very well may have a wrongful termination claim. (I can't guarantee that part since it depends on facts we don't yet have, but it's likely.) Do this BEFORE you quit.

 

[txls]

It's definitely wrong. Be sure that you keep records of all time worked and keep copies of your paychecks. Just the fact that they are giving you a separate check of hours over 40 is a big red flag.