Unpaid pay and overtime issues are represented across California by Los Angeles employment attorneys. Due to the recent economic slump, businesses are increasingly refusing their employees’ requests for overtime compensation.
The illegal withholding of overtime pay is protected by federal and California employment regulations. Contact the employment law experts at PLBH if you believe that you have been wrongfully denied overtime compensation. We are here to help you with overtime pay disputes.
Overtime pay disputes often include other labor law infractions
There may also be other labor law infractions, including forcing an employee to work after hours, paying the employee’s normal hourly wage while they are working overtime, and deducting overtime compensation from bonuses that have already been committed to.
Getting help with overtime pay disputes
Our attorneys have decades of expertise, commitment, and experience taking on some of California’s biggest corporations. Tens of millions of dollars have been recovered in judgements and settlements for employees who were mistreated by the businesses they work for.
California and federal overtime pay laws and regulations
California has more employee-friendly overtime compensation regulations than the majority of other states in the union. The consequences for a business owner who unjustly or wrongly withholds an employee’s overtime pay payments are severe, including severe fines and even jail time.
All full-time, part-time, salary, and wage-based employees in California have a legal entitlement to overtime compensation under the state’s wage rules. If you work more than 40 hours per week, more than 8 hours per day, or 7 days straight, you are entitled to overtime pay in the state.
Federal laws on overtime pay
Non-exempt workers are required to be paid overtime under the Federal Fair Labor Standards Act for all hours worked over 40 in a workweek. The rate of overtime compensation must be at least 1.5 (one and a half) times the employee’s regular hourly rate. The FLSA pay regulations do not mandate overtime compensation for labor performed on the weekends (Saturdays, Sundays, and holidays), unless the total number of hours worked on those days exceeds 40.
How do I find out if I’m entitled to overtime pay?
Many employees mistakenly think they are exempt from being paid overtime for the job they have done. Many times, businesses mislead employees by telling them that they are not legally entitled to overtime compensation for their job.
Overtime pay has five standard exemptions: the Executive Exemption (i.e. employees with managerial duties in the workplace; including workers who oversee other workers on the business, direct work of two or more employees, or have general discretion over the performance of their duties as an employee, the Administrative Exemption, the Professional Exemption, the Outside Sale Exemption, and Technology and Computer Worker Exemption. We can go over these with you to determine if you are exempt from overtime.
How to file a dispute regarding overtime pay against your employer
You must file a claim with your local California Superior Court if your overtime pay claim is for more than $7,500. As they will have the expertise and experience to take on your employers, it is in your best interest to contact an employment law attorney to defend you in court in such circumstances.
It is always advisable to speak with a labor and employment law professional regarding these issues before making any decisions. In order to ensure that you receive fair compensation, an attorney will be able to evaluate your legal problems and recommend the best legal course of action. Contact PLBH at (800) 435-7542 now for a legal consultation.