Overtime

It is very frustrating to work hard all week only to find that your paycheck is less than what you feel it should be. Unfortunately, this happens all too often in California for a number of reasons, including employers not paying employees overtime even though the employee worked the requisite number of hours to qualify for overtime pay. California has strict regulations related to wages and hours that all employers must follow. If an employer fails to do so, he or she would have violated the law and the affected employees have to right to demand payment of wages owed. If you are in need of an employment lawyer because your employer has failed to pay you overtime wages and as a result violated the California Labor Code or the Fair Labor Standards Act, it is important that you contact an experienced Los Angeles Overtime Pay Lawyer who will review the facts of your case and who will help you receive compensation to which you are entitled.

Most employees in California are entitled to receive overtime pay once they have worked at least 8 hours in a day and after 40 hours worked in a week. However, there are some exceptions.

• Union members: Where a union contract provides that a particular job is not entitled to the protections of California’s overtime laws, then employees who have those jobs would not be entitled to receive overtime pay.
• Exempt employees: An “exempt” employee is a non-union employee whose job does not qualify for overtime pay because of the kind of work the employee performs. The types of positions that fall in the exempt category include positions that carry a lot of responsibility within the company. For an employee to be classified as exempt from overtime, the employee must meet a two-part test: a salary requirement and a duty requirement. The salary requirement is that an exempt employee must make at least twice the minimum wage to be exempt from overtime. The duties requirement is more complex. Generally speaking an exempt employee’s duties must include managing a company and supervising workers or employee’s job must involve professional responsibilities, such as those of a lawyer, doctor, engineer, or accountant.
• Specific types of jobs. Certain jobs and industries have special rules for overtime. Some jobs have complete exemptions from overtime. Examples of jobs that have special rules for overtime or that are exempt from overtime include transportation workers, household employees and agricultural employees.

Under California overtime law, overtime pay is time and a half. This means that once a nonexempt employee has worked over 40 hours per week, he or she is entitled to 1½ times the employee’s regular rate of pay for the overtime hours. Overtime wage pay is due to all nonexempt employees for all hours worked over 8 hours per day up to and including 12 hours in any workday, and for the first 8 hours worked on the seventh consecutive day in a workweek. Furthermore, double the employee’s regular rate of pay is due for all overtime hours worked in excess of 12 hours in any workday, and for all hours worked in excess of 8 hours on the seventh consecutive day of work in any workweek. A “workweek” is defined as seven consecutive days, while a “workday” is defined as 24 consecutive hours beginning and ending at the same time each day.

If an employer is found to have violated overtime regulations by failing to pay a nonexempt employee overtime pay as required by law, the consequences are as follows:

• The employer will be required to pay the employee wages due and owing, including base pay and overtime pay.
• The employer will be required to pay the employee other forms of compensation such as commissions, bonuses, benefits and vacation pay.
• The employer will be required to pay overtime penalties.
• The employer will be required to pay overtime interest.
• The employer may also be required to pay attorney’s fees, and be subjected to injunctive relief and declaratory relief.

If you believe that your employer has violated California’s hour and wage laws by failing to pay you overtime as required by law, it is important that you are represented by an attorney with experience who will investigate your case and help you obtain the pay that you were unlawfully denied. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in matters involving wage-and-hour claims, employment discrimination and other employment law violations. Keep in mind that there are time limits to filing claims. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.