Are You Owed Unpaid Overtime? Contact Us Today
As an employee in the state of California, are you aware of the general provisions requiring overtime pay? If so, is your employer following the overtime pay rates required by the Fair Labor Standards Act (FLSA)? If you believe your employer owes you overtime pay, we encourage you to contact our employment lawyer in Los Angeles. We offer a unique approach to resolving overtime disputes and providing our clients with more clarification of their situation.
WHAT CONSTITUTES OVERTIME?
The Division of Labor Standards Enforcement (DLSE) sets two general provisions for work to be considered overtime. They are as follows:
- The employee must be 18 years of age or older. Minors can only work 40 hours a week if school is not in session.
- The employee is employed more than eight hours in a single workday OR more than 40 hours in a workweek.
If an employee meets these criteria, the employer is required to pay one and one-half times the employee’s regular rate of pay for all hours exceeding the standard workday or workweek.
WHAT IS THE ‘REGULAR RATE OF PAY?’
Because the amount of overtime pay is based on the regular pay rate, it is crucial to understand the term. The “regular rate of pay” can refer to any number of things, including:
- Hourly earnings
- Piecework earnings
The regular pay rate should never be lower than the legal minimum wage and is usually determined by referring to an employee’s hourly rate or salary. For those paid on a salary basis, the regular rate is calculated by multiplying the monthly wage by 12, dividing the result by 52, and dividing that result by the maximum hours (40) to get the rate.
According to Labor Code Section 204, employers must pay overtime wages no later than the following payday for the regularly scheduled pay period they earned the wages.
OVERTIME PAY: RIGHTS AS AN EMPLOYEE
Many companies and organizations are legally required to pay overtime to at least a portion of their employees. However, not all employees can earn/work overtime, as it is typically dependent on your employer and job duties. While many employers must pay overtime to eligible employees, not all of them do.
Typically, employers must abide by the overtime rule if a business exceeds $500,000 in annual sales. However, even if your employer makes less than that yearly, it is still covered by the FLSA and is still required to pay overtime if it is part of interstate commerce for conducting business between other states. You can also refer to the Fair Labor Standards Act (FLSA), where you will find the federal wage and hour law that explains the rules.
Whatever the case may be, you can consult with our team of overtime pay attorneys in LA to better understand your rights. You can also refer to Overtime Pay: Rights as an Employee for more information on our website.
EMPLOYEE RIGHTS VIOLATIONS
Do you know if you’re eligible for overtime pay? Here’s why you should find out.
Avoid Doing Double the Work Without Pay
Whether you put in 40 hours, 50 hours, or more – your employer should clarify if you are exempt from payment. Employees that are most likely exempt from overtime are white-collar workers ranging from administrative to executive roles. Usually, those who are exempt get paid on a salary basis. Others who may not qualify:
- Independent contractors
- Employees of small farms
- Fishing operations personnel
- Select seasonal employees
- Salespeople working outside the office
You can refer to Overtime Pay: Employee Rights Violations or California Workers’ Rights Laws for more federal and state overtime laws.
DO YOU HAVE A LEGAL CASE?
Overtime violations and pay docking are broad categories of workplace offenses that include any action designed to help a company avoid paying overtime funds that they owe. In almost all instances, companies want to get away with paying their employees as little as possible.
You may have a strong overtime case if you have irrefutable proof that your employer refuses to pay you from pay stubs to hour logs. If neither match up regarding how much you were paid weekly or bi-weekly, you can have a lawyer investigate the case.
On the other hand, pay docking and unpaid suspensions are slightly different. Employers are allowed by the law to make salary deductions without jeopardizing the employee’s exempt status for one or more days if an employee takes an off. Examples of permitted salary deductions include:
- When they go on medical or family unpaid leave under the Family and Medical Leave Act
- Taking a leave for illness or disability reasons and having a policy such as sick leave or disability insurance will compensate them for the time off.
- An employee takes time off to serve as a court witness, a jury member, or short-term military leave.
- Employers deduct pay when an employee does not work a whole week during the first or last week of work.
- Deductions can be made as a good faith penalty imposed to improve safety and prevent any workplace dangers.
- Deductions are permitted if employers have well-written policies to allow for unpaid disciplinary suspensions imposed on them in good faith due to violations of workplace rules and conduct. However, these policies should apply to all employees.
If possible, try to avoid quitting your job before your case is assessed. If your employer engaged in unlawful violations, they could be penalized on top of the damages owed to you.
HIRE THE TRIAL LAWYERS OTHER ATTORNEYS CONSULT
If you are not receiving fair overtime pay, you have the right to legal action. To better understand how to take action, contact a legal professional as soon as possible. A qualified lawyer will assist you in the process and guide you through the steps required to receive damages.
Since 1998, The Law Offices of Mann & Elias have helped individuals just like you receive the benefits they deserve. We represent clients at every state and federal court system level in Los Angeles, Riverside, San Bernardino, Orange, San Diego, and Ventura counties.
We know how to handle these cases best and get you the compensation you deserve. Call 323-866-9564 or email firstname.lastname@example.org to schedule your first consultation.
WHY CHOOSE MANN & ELIAS?
Since Scott Mann and Imad Elias have founded the employment law firm, they have successfully recovered hundreds of claims resulting in over $18 million in settlements and verdicts. While there are thousands of lawyers to choose from, our success is rooted in:
- 50+ years of trial experience
- Excellent advocacy skills
- Intense preparation and research
- Quality care
Contact us today if you intend to file a claim against your employer. We charge no fee for the initial consultation, and all cases get handled on a contingency basis.
RELATED ARTICLES ABOUT OVERTIME
You have questions – we’ve got answers! Need more legal help? Check out a few of our legal articles below.
Attorney Fees for Wage and Overtime Cases
Is hiring a lawyer worth it? While you may not need us for every situation, we offer specialized assistance, knowledge, and advice regarding workplace disputes. Clients typically opt out of hiring legal representation due to finances – unsure of the financial toll or burden it can leave them if the case is not won. At Mann & Elias, we want our prospective clients to feel safe and secure. We offer free consultations to ensure that 1) you have a fair case and 2) any legal questions get answered. A lawyer can be hired in one of three ways: hourly, contingent fees, or a written agreement. If you are considering pursuing legal representation, refer to Attorney Fees For Wage And Overtime Cases for more information.
Overtime Disputes: Are You Being Denied Overtime Pay?
Most federal and state laws require employers to pay for overtime. In other words, you should not let your boss steal money from you for the hours you have worked. Working overtime is when you are considered working outside of an allotted time frame. For example, your boss may contact you to rework a project or assignment after your shift is over. When you go back to fix that mistake, it should be reflected in your timesheet, and you should be getting paid for it.
In California, an employee must be paid time-and-a-half for any hours worked after eight hours. After 12 hours, the employee receives double-time. The employee cannot compensate you with less money or ask you to work off-the-clock. If you feel that your rights are being violated, you should seek legal counsel to sue your employer if you are denied overtime pay.
Legal Limits On Pay Docking And Unpaid Suspensions
Employers can take from your wages in the form of a pay dock if you, for example, take one too many sick days. It should get disclosed to you and may require a mutual agreement in writing. Employers cannot withdraw it from you for any other reason. However, pay-docking for salaried workers is slightly different from those who work on an hourly basis. You can refer to Legal Limits on Pay Docking and Unpaid Suspensions if you want to learn more.
FAQs ABOUT OVERTIME
What is considered overtime in California?
The average workweek is 40 hours. Working anything over that is considered overtime. Additionally, working over 12 hours in a day warrants overtime compensation. If employees work seven days in a row, they are also entitled to overtime pay for any hours worked on that seventh day.
How much overtime should I get?
If an employee works over 40 hours in a single week, their employer is required to pay them 1.5 times their usual rate (also known as time and a half).
What is the minimum wage in the state of California?
California lawmakers recently voted to increase the minimum wage over the next few years gradually. In 2020, the minimum wage was $12 an hour for smaller companies (25 or fewer employees) and $13 an hour for larger companies (26 or more employees). In 2021, those wages will increase to $13 for smaller companies and $14 for larger companies. The annual increases will continue until 2023 when all employers must pay a minimum wage of $15 an hour.
Should I be compensated for travel time while on the job?
You should not get compensated for time spent commuting to and from work, but your employer should pay you for any time spent traveling for your job. Meeting with clients and purchasing goods is done on behalf of your company, so you should keep track of travel expenses (gas, train tickets, etc.), and your employer should reimburse you. They should also be paying you for the time spent traveling for your job.
My employer has not paid me a fair wage or overtime. Now what?
If you have read through this FAQ and feel that you have not been treated fairly by your employer, you have a case to sue your employer for unpaid wages. Mann & Elias is composed of wage and hour attorneys in LA that are well-versed in workers’ rights. They can meet with you and discuss your case in detail to better understand what compensation you can receive.