I joined IBM as a contractor (Service Engineer) in 2014 and was part of a layoff in late 2019.
A couple of months after starting work in 2014, I was asked to work OT and in some cases 18-20 hours nonstop.
I was paid straight time for those OT and DT hours. I asked my immediate IBM manager about the issue and the answer due to my high rate, I was classified differently and would get paid straight time, I wasn’t in any way managing anyone. Fast forward 26 months, IBM moved me to a new staffing agency.
Discussing the hourly rate with the new agency, it was said to me in a less of a direct way what was done was illegal according to federal and state guidelines/laws, and the new agency would pay me OT and DT once approved by my manager.
By then most of my team was part of a planned layoff(s) to move our Jobs to India and we did several KTs to the benefit of the Indian team. The Job transfer didn’t work due to skills issues by the Indian team and I decided not to make a big deal of the OT issue as to keep going and I stayed for another 3 years. After several KTs, eventually, the layoff did happen. I estimated IBM owes me between $35k-$40K of unpaid OT and DT. I kept a soft copy of all my weekly W2s for the initial 28 months with all the OT hours listed as OT but paid straight time. I live in CA.
Do I have any legal standing to go after the staffing agency or IBM for the unpaid OT, given 3.5-5 years have already passed?