windingmeup
Junior Member
What is the name of your state? California
During the last 7 years my company had misclassified my exempt position. I had been doing non-exempt work but they had not paid me overtime. They discovered this earlier this year (after an employee complained to the Federal department of labor). They ended up paying me and my coworkers in a settlement which amounted to 1/2 of our equivalent hourly rate for each overtime hour worked over the last two years (not time and a half as we expected). We signed a legal document agreeing not pursue any more back wages owed through the Department of Labor (Federal).
However, I also understood at the time that we also have rights under California law under which we could sue for up to 4 years of back overtime pay.
Also, in April I started a new position within this same company and I was moved back to Exempt status. However, I have carefully documented my job duties for this new position and I am positive beyond doubt that I am once again misclassified and thus should be getting paid overtime. Here is my question....
I am interested in approaching the company and asking them for a settlement for this current misclassification and I also want them to pay me what I should have collected in the earlier misclassification dating back to 4 years (California statute of limitations). I will point out to them California state law when asking this. Would it be legal for me to ask them to pay me this amount of back overtime or I will start a class action lawsuit in California against them. The company has hundreds if not a thousand people that were misclassified in the state of California. This would cost them a tremendous amount of money.
To be honest I am only interested in getting the full amount of money owed to me a soon as possible without having to have it go through the legal system. I know if I sue it will take at least five years until I would see anything. The amount the company would owe be is between 75K and 100K. based on the overtime hours I have recorded in their time keeping system.
Would this approach be bribery (Threatening to sue them if they don't pay me) ?
As far as my job goes I am not worried about the backlash. My career with this company has not experienced much growth and I am ready to move on but I want to make them pay for the countless hours they required me to be away from my family (without compensation) so they could make their profits. Please advise.
Thanks...........
During the last 7 years my company had misclassified my exempt position. I had been doing non-exempt work but they had not paid me overtime. They discovered this earlier this year (after an employee complained to the Federal department of labor). They ended up paying me and my coworkers in a settlement which amounted to 1/2 of our equivalent hourly rate for each overtime hour worked over the last two years (not time and a half as we expected). We signed a legal document agreeing not pursue any more back wages owed through the Department of Labor (Federal).
However, I also understood at the time that we also have rights under California law under which we could sue for up to 4 years of back overtime pay.
Also, in April I started a new position within this same company and I was moved back to Exempt status. However, I have carefully documented my job duties for this new position and I am positive beyond doubt that I am once again misclassified and thus should be getting paid overtime. Here is my question....
I am interested in approaching the company and asking them for a settlement for this current misclassification and I also want them to pay me what I should have collected in the earlier misclassification dating back to 4 years (California statute of limitations). I will point out to them California state law when asking this. Would it be legal for me to ask them to pay me this amount of back overtime or I will start a class action lawsuit in California against them. The company has hundreds if not a thousand people that were misclassified in the state of California. This would cost them a tremendous amount of money.
To be honest I am only interested in getting the full amount of money owed to me a soon as possible without having to have it go through the legal system. I know if I sue it will take at least five years until I would see anything. The amount the company would owe be is between 75K and 100K. based on the overtime hours I have recorded in their time keeping system.
Would this approach be bribery (Threatening to sue them if they don't pay me) ?
As far as my job goes I am not worried about the backlash. My career with this company has not experienced much growth and I am ready to move on but I want to make them pay for the countless hours they required me to be away from my family (without compensation) so they could make their profits. Please advise.
Thanks...........