The most common type of employment lawsuit involves the failure to pay overtime. Most employees in California are entitled to overtime compensation according to California law. Despite this, some dishonest employers do not or refuse to pay their employees their earned overtime, often misleading employees into believing that they are not entitled to overtime compensation. If this describes your situation, you should contact an overtime disputes attorney for assistance.
What does the law say?
Hourly, non-exempt, employees who work for more than 40 hours in a week or more than 8 hours in a day are entitled to overtime compensation. There are, however, some employees who are exempted from overtime compensation. An overtime lawyer will be able to advise you if you fall under a particular exemption or if you’ve been misclassified. As an employee, you should be aware if you fall under a particular exemption to avoid exploitation by rogue employers. If you are unsure, an overtime disputes lawyer in California can help evaluate your situation.
Generally, for all hours exceeding 40 per week, the employee should receive one and a half times their regular hourly rate as overtime wages. For example, if your hourly wage is $12, you should be paid $18 for each overtime hour you work. The same rate applies if an employee works for more than eight hours per day. Furthermore, for the first eight hours of the seventh consecutive workday, the employee is also entitled to overtime compensation equal to one and a half times his or her regular hourly rate.
Moreover, the overtime rate for hours above 12 hours per workday is double the employee’s regular hourly rate of pay.
How do employers violate overtime laws?
Rogue employers have ways of illegally bypassing California overtime laws, or at least attempting to do so. For example, some employers do not allow their employees to report more than eight hours per day or 40 hours per week, forcing them to falsify their time cards. Working “off the clock” is also illegal. Your employer should compensate you for all the hours you have worked, including those before and after clocking in or out. Employers may try to cheat you out of this time because they simply do not want to pay you at a higher rate.
Recovering damages from your employer
If your employer has been violating your overtime compensation rights, an overtime lawyer in California can help you recover the damages. There are several types of damages you may be able to recover
- Unpaid Wages
Your employer may be required to pay you for all your unpaid wages. What the employer has paid you will be subtracted from what you should have received. The court will then award you the difference.
In addition to unpaid wages, you may also recover interest from an employer who doesn’t pay overtime hours
The court may also force the employer to pay penalties for failure to pay overtime wages. For example, depending on how your California employment lawyer argues the case, you can receive a waiting time penalty if it is demonstrated that the employer failed to pay your overtime wages willfully.
- Attorney fees
Your employer may also be ordered to pay you the cost of the case, including attorney fees.
Finding an Employment Attorney California
Employment disputes range from simple cases that can be easily resolved to complex cases that involve tough trials. Regardless of whether the case looks simple or complicated to you, it is essential to consult with a California employment lawyer. The attorney will advise you on the most appropriate steps to take. Our overtime disputes attorneys in California offer free consultations and work on a contingency fee basis..
Contact West Coast Employment Lawyers
West Coast Employment Lawyers has brought together a team of devoted and accomplished lawyers. Collectively, we have over 50 years of experience, have won more than 6,000 cases, and recovered more than $1.5 billion for our clients
We are aware that some employers deny their employees overtime, minimum wage, meal breaks, and rest breaks. Our experienced team will help and guide you through every step of your case. We will fight for your justice and help you obtain maximum compensation.
Contact us today for a free consultation. We handle our cases on a contingency fee basis, which means that you only pay us if we get compensation for you. You can reach our legal team 24 hours a day by calling 213-927-3700 or emailing [email protected].
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