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Unpaid Overtime Archives

2 employment rights of undocumented workers

California has a large population of undocumented immigrants who -- in spite of their lack of work visas -- do have certain inalienable employment rights. If you or your loved one is an undocumented worker in the United States, here are two of your most important employment rights:

Off-the-clock work may be against the law

There are few people in California fortunate enough to feel that their paychecks really reflect what they have earned. You may be among those who feel your time on the job is much more valuable than what your boss pays you per hour, but the thought of a raise may be out of the question.

Overtime pay isn't optional if the employee puts in the time

Employees who work more than 40 hours in a single work week are entitled to overtime pay. There isn't any room for negotiation or discussion on this point when it comes to people who are paid hourly. Some employers will try to claim that employees who are due overtime shouldn't be paid those wages because the overtime wasn't authorized. This simply isn't the case.

Taking action when you aren't paid overtime

You don't stay late at work or come in on your days off so that you can earn the same amount as you earn for the first 40 hours of the workweek. Unfortunately, some employers try to make you work those additional hours without being willing to take care of you. If you have worked overtime, you deserve to be paid for that overtime.

You shouldn't have to fight for your overtime pay, but you might

Overtime pay is the reward for men and women who work hours over what is considered normal for our country's workforce. Unfortunately, some employers try to skirt around having to pay these wages since it is more expensive than the regular hourly rate. We understand that you probably wouldn't have worked overtime if you knew your employer wouldn't pay.

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