Unpaid Overtime Attorney In California
In the workplace, overtime is considered an increased hourly rate that is sustained by workers when they have exceeded the daily or weekly limit for hours worked as established by the federal government. Every employee has a right to be paid in accordance with those regulations when they have worked beyond those hourly time frames. If you believe that you have earned overtime pay but your employer has disregarded their responsibility to uphold that pay rate, then it is time to pursue legal action by hiring an experienced overtime pay lawyer in California. Both state and federal regulations ensure the right to overtime pay in the state of California. Call Law Mart today for a free consultation.
Can You Sue For Unpaid Overtime in California?
It’s vital to consider that the only time an employer can avoid overtime pay is only for hours worked that exceed 8 hours a day or 40 hours a week is when an employee is classified as exempt in the state of California. If an hourly employee is not exempt, their hourly rate must match the overtime rate as stated by California law, or else the employer could be looking at a serious civil suit in addition to other punitive fines levied by the state of California.
How Law Mart Can Help with Unpaid Overtime
Our experienced legal team at Law Mart will assist you in building your case, so it has the better chances of success for its outcome. By utilizing evidence collected during the discovery phase, our lost wage lawyers can help decide how much unpaid overtime is owed and how to strategically approach collecting that pay. Our employment lawyers can pursue legal action and fight for your right to back pay. These are just some examples of what they can offer:
- Apprise your employer of their wage violation and the amount due
- Determine to move forward with the claim as a class action or individual claim
- Furnish mediation between both parties
- Execute discovery where documents and testimonials are secured as evidence
- If settlement isn’t obtained, your case against your employer will be taken to trial in a civil suit
If you are owed overtime pay, consult with one of Law Mart’s experienced unpaid overtime attorneys to ensure that you get the pay back you really deserve.
Why Choose Law Mart for Your Overtime Attorney
No Win No Fee Policy
At Law Mart, we have a No Win No Fee guarantee. You don’t pay us anything if we don’t win your case.
Proven Track Record
Our hostile work environment attorneys maintained its outstanding reputation of recovering hundreds of millions of dollars for its clients.
Experienced Overtime Attorneys
Our highly skilled and accomplished lawyers have over two decades of experience among them and are thoroughly dedicated to victims of hostile work environments in the workplace.
Satisfied Clientele
Our racial discrimination attorneys serve Southern & Northern California and have been given the highest ratings as seen in Yelp, AVVO, Google, and alike. Direct communication and superior customer service is what our firm is known for.
Multilingual Staff
The firm’s multilingual team also speaks Farsi, Spanish, Urdu, Arab, Hebrew, Pashto, and Dari. Our professional and gracious staff are pleased to answer any queries you may have.
Available 24/7
We are available 24/7 to give consultation over the phone and if our clients are unable to meet at our office, we are amenable to meet you at your convenience.
Why You Should Choose Law Mart Overtime Pay Lawyers
If you or someone you love has been denied overtime pay, it is crucial to hire an experienced California employment attorney who has a history of successfully handling overtime claims. Law Mart overtime pay attorneys guarantee exceptional legal service to our clients and have the successful results to prove it.
Overtime Pay Laws in California
Federal and California state overtime laws impose one’s will that employers must follow the following pay scale for the number of hours that surpass their daily and weekly limits. The federal Fair Labor Standards Act states that non-exempt employees will be paid overtime in the following circumstances:
- Any hours worked that exceed 40 hours a week will require time and a half pay.
- Any hours worked that exceed 8 hours a day will require time and a half pay.
- Any hours worked that exceed 12 hours a day will require double time pay.
California state wage laws also include overtime pay for the following:
- Any hours that are worked on the 7th day straight and beyond without a full day off will also qualify for overtime pay.
Under the law governed by California, full time, part time, some salaried, and wage-based employees have earned the statutory right to receive overtime pay. If these pay rates are not encountered for hours that exceed the limits, employers will receive outstanding penalties and outcomes. The enforcement of wage and labor violations is the responsibility of the Department of Labor (DOL) which helps protect the rights of employees if they haven’t received overtime payments.
Who Qualifies for Overtime Pay?
The Fair Labor Standards Act (FLSA) covers most employers that generate at least $500,000 in annual sales. Where the FLSA stops, California overtime laws pick up the slack. Companies that are smaller than the federal minimum or family owned and operated will be covered by California’s stricter regulations.
Employment Classification & Overtime
The main consideration that is considered when accounting for overtime is employment status. Typically, employees in California fall under the following criterias:
- Non-exempt: Employers are obligated to pay non-exempt employees overtime wages for hours that were worked beyond the full-time hours.
- Exempt: Employees that are exempt are usually paid by time, commission, or on a piece rate basis and do not qualify for overtime pay. This classification also applies to independent contractors.
Who is Exempt from Overtime?
Even with severe overtime pay rules, there are a number of employee classifications that may not qualify for overtime benefits. Those that are salaried generally fall within these variables. Their exemption from overtime wages is usually based on these criterias below:
- They perform executive, administrative, or professional duties that account for over 50% of their work.
- They are autonomous and routinely make decisions and exercise their own judgment at work.
- Their salary is twice the California minimum wage for a full-time role at 40 hours a week.
This usually means that most “white collar” jobs are exempt from overtime rules if they are paid at a rate that falls above the 2x minimum wage for full time work standard. Nevertheless, there are a few other classifications that are not eligible to receive overtime benefits. Those include:
- Independent contractors
- Volunteers
- Seasonal workers
- Small farm workers
- Criminal investigators
- Outside sales
- Technology and computer professionals
Independent Contractor Status & Overtime
Independent contractors are not classified as employees which allows employers to dodge their overtime responsibilities. If you are an independent contractor, you choose when you work so you are under no obligation to follow company guidelines on when to clock in and out. Employers will often misclassify employees in attempts to avoid their overtime pay responsibility. Generally, under California law, a worker is classified as an employee unless the employer has made it clear that the employee was hired on as an independent contractor.
Examples of When You Can Sue for Overtime Pay
When employers fail to comply with federally and state mandated wage laws, employees are entitled to file a lawsuit to recoup lost pay plus any other interest owed. Anytime an employer fails to pay an suitable overtime wage for hours worked over:
- 8 hours a day
- 40 hours a week
- 6 straight days in a row
California laws, furthermore protect employees and may allow litigation against employers when they violate the following:
- Fail to pay appropriate overtime rate
- Require employees to work without meal breaks
- Require employees to participate in work off the clock
- Misclassify an employee as an independent contractor or exempt employee
- Prohibit overtime but provide too much work to complete reasonably within a full-time schedule
- Require employees to take work home to complete
- Fail to compensate for travel time, time spent putting on job related equipment, and time spent going through company security
- Modify time sheets to avoid overtime hours
- Fail to pay commissions or gratuities in accordance with overtime hours worked
In these examples, an employee is entitled to file a lawsuit claiming unpaid overtime wages.
How to File an Overtime Pay Dispute Against Your Employer
On the condition that an employee has been denied overtime, they may file a complaint with the Wage and Hour Division of the Department of Labor. This can be done by mail, in person, or by utilizing a 3rd party. When using a 3rd party it is typically recommended when damages are significant to ensure that the right steps are taken to maximize the chances of a successful complaint and lawsuit. Hiring a experienced overtime lawyer will ensure that the complaint is filed properly with the correct information and rendered below:
- Employee’s personal information including name, address, & phone number
- Employer’s business information including name, address, phone number, & type of business
- Job title and duties
- Payment history including rate and payment method
- Overtime violation information including dates and descriptions
Once a complaint is filed, the WHD will further investigate the claim and assist in providing recovery for owed back wages. If owed overtime wages are noteworthy, a separate lawsuit can be filed with the California Superior Court. This is something else that will require the assistance of an experienced unpaid overtime attorney in order to ensure that the proper evidence is successfully collected and submitted properly. It is imperative to remember that employers are prohibited from taking retaliatory actions against an employee for filing a pay dispute or complaint. This in essence protects employees from harassment and wrongful termination at the workpace.
What Documentation Do You Need to Win an Overtime Lawsuit?
The confirmation that your overtime lawyer will need to collect to ensure the best chance of a successful lawsuit include:
- Paychecks
- Time sheets
- Work schedules
- Offer letter / hiring agreement
- Employee handbook / guidelines
- Emails and texts from your employer, supervisor, or coworkers regarding hours worked
- Previous complaints made about unpaid overtime wages
- Witness information and testimonials
Possessing this information will help to enable an experienced overtime lawyer to build a successful case and maybe even determine if there is potential for a class action claim for other parties involved in the violation. Class action claims can take an individual overtime lawsuit and add additional violations from other employees to build a larger case against an employer.
What Damages Can You Be Receive from an Unpaid Overtime Lawsuit?
Just as soon as an overtime lawsuit is successful, the total compensation awarded will typically include:
- The full amount of unpaid overtime wages
- The interest that amount would have generated
- Any court and attorney fees
If federal labor laws were violated, and the violation was due to malicious intent rather than a good faith error, damages may be doubled. Having a Los Angeles overtime attorney review your case will determine the most likely outcome and maximize the chances of a successful lawsuit.
How To Calculate Overtime
Overtime calculations for hourly employees are very easy to figure out:
Time and a half pay is the equivalent of 150% of an employee’s standard pay. If an employee makes $15 per hour, any hours worked over 8 hours a day, 40 hours a week, or over 6 days in a row will result in the rate of $22.50 per hour.
Time and a half example: $15 x 150% = $22.50
Double time pay is the equivalent of 200% of an employee’s standard pay. If an employee makes $15 per hour, any hours worked over 12 hours a day will result in the rate of $30.00 per hour.
Double time example: $15 x 200% = $30.00
Overtime calculations for salaried employees uses the same formulas but their hourly rate needs to be determined. Assuming a $45,000 annual salary, the overtime calculations would look like:
- $45,000 annual salary / 52 weeks = $865.38 / week
- $865.38 weekly salary / 40-hour full time schedule = $21.63 / hour
Once the hourly rate has been determined, the time and a half- and double-time formulas can be applied to determine the appropriate overtime rate.
Calculating Commissions Based on Overtime
Additionally, to just the base hourly overtime wages, any commissions, benefits, and gratuities will also need to be calculated into the amount owed. If an employee receives their hourly rate plus the promise of additional income through gratuity pools, production incentives, or sales commissions, then those amounts earned while working will also need to be paid out. In the instance of gratuity pools and production incentives, a proportionate amount accounting for time worked will need to be included in a claim
Contact A Law Mart Overtime Attorney Today
If you believe you have been denied overtime pay for hours worked that has exceeded the hourly limits set out by local and federal law, then you are entitled to have a viable overtime lawsuit on your hands. Finding the help of an experienced Law Mart overtime lawyer will assist in maximizing the chances that you are able to recover those lost wages. Our experienced overtime attorneys will provide the guidance you need while taking care of the heavy lifting that will be needed when going after your employer for wages owed. Call today to schedule a free consultation if you have been denied overtime wages at your workplace.
Overtime Pay Lawyer FAQs
California mandates that employers pay overtime and double time regardless of if it is authorized or not. In any condition if overtime is not authorized, it is the responsibility of the employer to either ensure that enough people are working to complete the job or to ensure that the amount of work issued every day does not exceed the 8 hour limit. If the employer fails to do this, and an employee is obligatory to work longer than 8 hours, overtime is owed regardless of authorization.
If your employer repudiates to pay overtime for hours worked that exceed state and federal limits, they may have an individual claim filed against them. Nevertheless, if an employer denies overtime all together, they likely have a class action lawsuit coming to their hand. Generally speaking, if overtime being denied is company policy, there is usually more than one employee that has a viable claim. In this example, those employees can join together and participate in filing a class action lawsuit against the employer.
