Just filed a wage claim with the California Division of Labor Standards Enforcement (DLSE) for unpaid overtime and wanted to share the process for anyone considering it. My employer had been classifying me as exempt under the administrative exemption even though I spent over 60% of my time doing non-exempt duties like stocking shelves and operating the register.
Under California Labor Code Section 510, non-exempt employees are entitled to 1.5x their regular rate for hours worked over 8 in a day or 40 in a week, and 2x for hours over 12 in a day. California is stricter than federal law (FLSA) because it uses a daily overtime threshold, not just weekly. This meant I was owed overtime for every day I worked a 9 or 10-hour shift, even if my weekly total was under 40 hours.
The DLSE process took about 7 months from filing to hearing. I represented myself at the Berman hearing, which is designed to be accessible without an attorney. The hearing officer was thorough and fair. I brought my time records (I had been tracking my actual hours in a spreadsheet since I first suspected violations), text messages from my manager asking me to come in early, and my job description showing the disconnect between my exempt classification and my actual duties.
The result: I was awarded 34,000 dollars in unpaid overtime covering three years (the statute of limitations under Labor Code Section 340), plus 34,000 in liquidated damages under Section 1194.2, plus waiting time penalties under Section 203. Total award was approximately 78,000 dollars. My former employer has appealed to Superior Court, which is their right, but my attorney (I hired one for the appeal) says the appeal is unlikely to succeed given the strong factual record.
Key lesson: track your hours yourself, even if your employer does not require it. Those personal records were the single most important piece of evidence in my case. Use a simple app or even just a notes file on your phone with date, time in, time out, and a brief description of what you did that day.