Rights as an Employee | Mann & Elias
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Rights as an Employee

Do You Need a Lawyer to Sue an Employer for Unpaid Wages?

Many employers are legally required to pay overtime to at least a portion of their employees. In the workplace, you may have heard “time and a half” when referring to overtime pay–this means that the overtime pay is your hourly rate plus 50% of the overtime premium (half of your usual hourly rate), for every hour you work overtime.

However, it is important to be aware that not all employees are allowed to earn overtime. It typically is dependent on your job duties and how many hours you have worked.

Employers That Have to Pay Overtime

Believe it or not, a large majority of employers are required to pay overtime; however, not all of them do. In order for one to figure out whether or not their employer must pay overtime, you can check the Fair Labor Standards Act (FLSA), where you will find the federal wage and hour law that explains the rules. Typically, if a business has at least $500,000 in annual sales, then they must abide by the overtime rule.

However, even if your employer makes less than that in annual sales, it is still covered by the FLSA and is still required to pay overtime if it is part of interstate commerce, which means it conducts business between other states.

Lastly, if the employer you work for is even smaller than that and isn’t covered by the FLSA, there is a chance that it is covered by your state’s overtime law. In this case, you can contact your state labor department for questions or a legal professional that is well-versed in handling overtime disputes.

Who is Exempt From Receiving Overtime Pay?

All eligible employees must be paid overtime; however, there are a few exceptions to the law, which means that the following people are not entitled to overtime pay:

  • Executives, administrative, and other employees who are paid by salary
  • Independent contractors
  • Volunteers
  • Outside salespeople, such as those who work away from their place of business
  • Employees of seasonal business
  • Employees of organized, religious, or nonprofit camps that operate for less than seven months a year
  • Newspaper deliverers
  • Criminal investigators
  • Casual domestic babysitters

There are more types of workers who are exempt from the overtime rule. If you have any questions, feel free to reach out to us to speak to an attorney for unpaid overtime wages in Los Angeles from our team.

How Do I Know if I Worked Overtime?

In order for one to have worked overtime, you must have worked more than 40 hours in a week. Depending on the state you are in, it may be calculated differently. In the state of California and a few others, if an employee has worked more than eight hours in a day, then that is considered overtime–even if the employee does not work more than 40 hours in one week.

How is Overtime Calculated?

Overtime is calculated by our usual hourly rate, plus half of the overtime premium, which is half of your usual hourly rate.

When Should I Speak to Wage and Hour Lawyers?

If you are confused in regards to overtime pay or what you are owed, you can give us a call and we can thoroughly explain to you over the phone or in person so that you have a better understanding. In addition, we will be able to determine whether or not your employer was in the wrong, and if so, we can get you the legal help you need and rightfully deserve.

We are advocates for those who are unsure what their rights are and we will fight until we get them the justice that they deserve. We understand that these types of cases can be confusing, stressful, and nerve-wrecking; however, no one should have to settle for less than they deserve.

If you believe that you were not paid overtime when you should have been, do not hesitate to reach out to our team. We will explain the steps that you need to take, as well as handle the legalities on your behalf. We are extremely knowledgeable in employment law, overtime pay, and much more within this realm, so you can trust that we will be there for you every step of the way. Feel free to give us a call any time to speak to an employment lawyer in Los Angeles.


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