Overtime Pay: Employee Rights Violations | Mann & Elias
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Overtime Pay: Employee Rights Violations

You Have Rights When It Comes To Overtime And Compensation

Most of the time during your workweek, you put in 40 hours. However, when things get busy, your boss may have you working some overtime hours. When you do, you are usually entitled to receive additional pay known as “time and a half,” meaning you will be paid at an hourly overtime rate that is 1.5 times your usual rate. However, since not all employees are entitled to receive overtime pay, disputes can arise between employees and employers. If you have put in overtime hours and believe you are entitled to overtime pay that has yet to come your way, speak to an employment attorney in Los Angeles about your possible legal options.

Do All Employers Pay Overtime?

Generally, all employers pay overtime to their employees. However, there may be some exceptions. For example, if an employer exceeds $500,000 in annual sales, it is automatically covered by the Fair Labor Standards Act, a federal law requiring an employer to pay overtime. However, if an employer does not have $500,000 in annual sales, the FLSA may still cover them if they engage in interstate commerce. Finally, should an employer not be covered by FLSA, state overtime pay laws may still apply. To learn how these state and federal laws could impact your situation, contact overtime dispute lawyers in Los Angeles employees know always fight hard for their rights.

Do All Employees Receive Overtime Pay?

Unfortunately, all employees do not receive overtime pay from their employers. Even if they put in excess of 40 hours in their workweek, they may fall into a job category that exempts them from FLSA standards. Some of the most common job categories that are often exempt from overtime pay include professional employees who are paid on a salary basis, independent contractors, employees of small farms, fishing operations personnel and seamen, seasonal employees such as those at ski resorts, outside salespeople who work away from their office, and several other categories. Again, disputes can arise if you believe your employer has wrongly placed your job into a specific category simply to avoid paying you overtime. If you believe you are being denied overtime pay due to this sleight-of-hand by your employer, work with attorneys that always get to the bottom of these cases.

White-Collar Workers

When it comes to paying overtime to specific employees, those who are classified to have what are known as “white-collar” jobs are exempt from overtime pay. Therefore, if your employer deems your job to be an administrative, executive, or professional occupation, they can exempt you from receiving overtime. However, to do so your employer must be paying you on a salary basis and have you in a job where your duties are based upon you spending the majority of your time making decisions that require discretion and independent judgment. To get out of paying overtime, many employers will place employees into these categories on purpose. Should this be the case with your job, discuss your situation with a lawyer employees can rely on to help them get compensated for their hard work and dedication.

How Much Am I Required To Earn in Salary?

When an employer considers you to be a salaried employee and thus be exempt from overtime pay, they are required to be paying you at least $455 per week, no matter how many hours you actually work that week or how much work you do in that period of time. However, should your employer dock your pay for any reason, this may in fact open you up to being eligible for overtime pay. As an example, if you take a few days off for sick leave or if you are using the Family and Medical Leave Act, your pay may be docked and thus make you eligible for overtime. However, your employer likely won’t see it this way.

Know Your Job Duties

In most cases, your job duties will go a long way in helping lawyers determine if you are indeed entitled to overtime. Again, this usually concerns jobs that are classified as professional, administrative, or executive-level. Since not all employees earning $455 per week are necessarily exempt from overtime, knowing how your job duties affect your pay can be crucial. There can be many gray areas in these situations. Scheduling a consultation can be useful, as you discuss how the case should proceed.

Calculating Overtime

When it comes to calculating overtime, there may be many different formulas being used by employers. As a result, your employer may attempt to confuse you and make you think you are not eligible for overtime or that you have not worked enough hours in a week to qualify. In California, the state has a daily overtime standard, meaning employees become eligible for overtime once they have worked eight hours in their workday. Even if employees in California have not worked 40 hours in their workweek, they may still qualify for overtime. Yet since employers want to get as much as possible from their employees while paying them as little as possible, you should never let any overtime pay disputes go without being properly resolved.

Take a Stand

If your employer has been taking advantage of your dedication to them and your ability to do an excellent job day after day, it may be time to take a stand and make sure you receive the overtime pay you deserve. If you need a trusted lawyer to sue an employer for unpaid wages, reach out to us at Mann & Elias.


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