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 adhering to the overtime pay rates required by the Fair Labor Standards Act (FLSA)?
It is important that you know and understand your rights as an employee, as you are protected under certain circumstances due to federal and state law. If you believe you are owed overtime pay, contact our unpaid overtime lawyer Los Angeles so you can provide us with an explanation of your current situation and we can give you more clarification. We offer free consultations and encourage anyone who is facing an employment issue to reach out to our team as soon as possible.
WHAT CONSTITUTES OVERTIME?
According to the Division of Labor Standards Enforcement (DLSE), in order for work to be considered overtime, it must meet some general provisions. They are as follows:
- The employee must be 18 years of age or older OR a minor who is not required by law to attend school and is not prohibited from engaging in work.
- The employee is employed more than eight hours in a single work day OR more than 40 yours 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 rate of pay, it is important to understand what the term refers to. The regular rate of pay can refer to any number of things, including hourly earnings, commissions, salary, or piecework earnings. The regular rate of pay may never have been lower than the legal minimum wage. The regular rate of pay 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 salary by 12, dividing the result by 52, and dividing that result by the number of legal maximum hours (40) to get the rate. According to Labor Code Section 204, overtime wages are required to be paid no later than the next payday for the regularly scheduled pay period after which the wages were earned.
OVERTIME PAY: RIGHTS AS AN EMPLOYEE
Many employers are legally required to pay overtime to at least a portion of their employees. As an employee, you may have heard “time and a half” when referring to overtime pay, which 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.
Keep in mind that not all employees are allowed to earn/work overtime, as it is typically dependent on your employer and job duties. While a large amount of employers must pay overtime to those who are due, not all of them actually do. 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. 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, it is important to consult with our team of overtime dispute lawyers Los Angeles to better understand your rights. You can also refer to Overtime Pay: Rights as an Employee for more information on our website.
If you are not receiving fair overtime pay, you have the right to legal action. To better understand how to take action, contact a lawyer as soon as possible. A qualified lawyer will be able to assist you in the process and will guide you through the steps required to receive damages.
LAW OFFICES OF MANN & ELIAS
At the Law Offices of Mann & Elias, we have more than 50 years of combined experience in helping victims protect and learn their rights as an employee. We are specifically focused on employment law and have dealt with dozens of cases similar to yours. For a free initial consultation, contact us today. We would be happy to provide the legal services needed to successfully claim what’s owed to you.