Many employees are not aware that the companies they work for are violating overtime labor laws every day. California law requires a company to pay overtime for employees who work more than eight hours per day, more than 40 hours per week, or who work seven days in a row.
Employers who retaliate against employees who ask to be paid for overtime are violating the California Labor Code § 1102.5. A wrongful termination stemming from overtime complaints should be pursued in civil courts for damages. Any person whose employer has violated overtime and wage laws should seek representation from an unpaid wage lawyer.
Los Angeles Lawyers for Overtime Violations, CA
United States law protects employees from overtime and wage violations. The Fair Labor Standards Act (FLSA) establishes regulations concerning overtime, wage rates, child, labor, and company record-keeping. The FLSA states that any work past 40 hours in a workweek must be paid at one and one half (150 percent) of the employee’s base hourly rate.
Some employees who work in the Glendale and Los Angeles area do not know that they are entitled to overtime wages. An employee can rightfully file a claim against an employer who unlawfully violates overtime laws. You may be entitled to compensation due to your lost wages. Contact an attorney at Yarian & Associates, APC to evaluate and file your claim today.
The attorneys at Yarian & Associates, APC are experienced in employment law and are well-versed in wage violations in California. Yarian & Associates, APC wants to get you what you deserve. We accept clients throughout the greater Los Angeles County and Tulare County area and surrounding communities including Glendale, Long Beach, Riverside, Fresno, Los Angeles, San Bernardino, and Irvine.
Let us help you through this. Contact an employment law attorney today by calling (844) 291-1911.
Overview for Overtime Violations in California
The Fair Labor Standards Act (FLSA)
Federal law established the Fair Labor Standards Act (FLSA) to outline employment laws such as overtime, record-keeping, or wage rates. The FLSA dictates what is overtime to hourly (and some salaried) workers. If a person works more than 50 hours in a work week they must be paid overtime wages.
The FLSA regulations apply to every government or private employer with sales totaling $500,000 annually. Unless you are working in an incredibly small business, FLSA rules apply to your employer. Even if they are not making $500,000 a year, they may still have to follow the Fair Labor Standards Act.
A few exemptions to the FLSA requirements may be small private farms, salaried employees, or employees who qualify as “executive professional or administrative workers” under FLSA. The reasoning for salaried employees being exempt is because their salary incorporates extra responsibilities including working over 40 hours a week.
Additionally, a salaried employee is allowed paid leave days. Hourly employees do not get paid time off normally, which is why overtime wages are so incredibly important. Some employers will deny overtime wages by claiming their employee is exempt when they are not, this is a violation of FLSA.
Types of Overtime Violations
Labor law regarding overtime pay can be murky at times. Overtime and unpaid wage laws depend on the industry or job you are in. Most overtime violations fall into one of two categories:
- Misclassifying employees as exempt from overtime pay; or
- Miscalculating or underreporting hours worked.
Misclassification of Employees to Avoid Overtime Pay
The most common violation involves the employers’ failure to pay overtime by misclassifying employees. An employee’s status as exempt or nonexempt is legally required to be communicated to him or her during the hiring process. Employees must also agree to the terms before starting employment.
An employee, who is called a “manager” and has the same duties as an hourly-type position, must still be paid overtime wages. On the other side, a salaried employee is not automatically required to work over 8 hours a day and over 40 hours a week.
An employee is entitled to overtime if they work over eight hours per day, 40 hours per week, or who work seven days in a row. If an employer applies nonexempt hour and wage practices to an exempt employee or vice versa, they are violating the Fair Labor Standards Act (FLSA).
This law does not apply to certain employees. A few exempt careers are management, independent contractors, or professional-level employees. Salary employees are not eligible for overtime wages. However, there are a few exceptions. For instance, police officers and nurses can also be considered nonexempt employees.
Miscalculating or Underreporting Hours Worked
Another common overtime violation involves not paying hourly workers for every hour they work. Some employers dock pay because an employee had poor work quality or low productivity. Other times, the employer alleges that he has counted the hours already.
Another way to reduce overtime pay is to not compensate employees who do additional work offsite. If an hourly employee punches a time clock but works for the company before clocking in or after clocking out, the employer must compensate the worker for the extra time.
Many employers miscalculate overtime or don’t pay the time-and-a-half overtime pay that is required for hourly employees. This especially happens with field service workers. Even if the miscalculation is a genuine mistake, it is still considered unlawful under The Fair Labor Standards Act.
An employer can, in fact, require an employee to work overtime. However, it is not legal for an employer to not pay overtime wages or pay later in reference to your work contract. Legally, the employer must pay every employee for every hour worked, regardless of the employer’s satisfaction with the employee’s performance.
If you feel you are due overtime pay, the first step is to discuss the matter with your employer. If the matter isn’t resolved to your satisfaction, you can file a wage claim with the California labor department. If your employer wrongfully withheld overtime pay, the company may be required to pay more than the unpaid balance.
Report a Labor Law Violation – Visit the website of the State of California’s Department of Industrial Relations. There you can see different labor law violations that you can file a claim against. See the forms, process, and more regarding labor law claims.
Wage and Hour Division – Visit the United States Department of Labor website and read on wages and our divisions. See unpaid wage penalties, wage violations, and employee rights and more regarding overtime violations on a federal level.
Find an Attorney for Overtime Violations, CA
If you believe that you have been denied overtime pay you earned or are considering filing a claim, your next step should be to speak with an experienced employment attorney. The attorneys at Yarian & Associates, APC, have successfully helped people get the back pay they are entitled to.
Our attorneys believe in preserving employee’s rights. We want to help you get the wages that you deserved in the first place. Yarian & Associates, APC attorneys have decades of experience in handling employment law in California. We understand how vital it is for you to get every penny you’ve earned. Yarian & Associates, APC files claims for Californians all over the greater Los Angeles metropolitan area and surrounding counties and cities including Visalia, Los Angeles, Glendale, Fresno, Pasadena, Riverside, and Long Beach.
Contact us today at (844) 291-1911, or schedule an online appointment for a free no obligation consultation with an experienced employment attorney today.
This article was last updated on June 20th, 2018.