Unpaid Overtime or Wages? What to Know about California Overtime Law
Los Angeles Overtime Lawyer Can Collect Hard-Earned Money in Wage and Overtime Disputes
Is unpaid overtime, minimum wage violations or other unpaid wages damaging your income, work and home life? If you feel your employer may be committing California Labor Code violations, speak with a Los Angeles overtime lawyer at Kesluk, Silverstein & Jacob during a free consultation about California overtime law and about your rights to file a wage claim in the LA area.
California unpaid overtime violations include instances where an employer attempts to avoid paying overtime by “equalizing” the number of hours that certain employees work; or an employer’s failure to remit overtime to qualified employees who work through their breaks or who take work home with them.
If you do happen to find yourself in this difficult position, our Los Angeles employment attorneys will fight to collect back wages and your rightful compensation for unpaid overtime and other unpaid income.
When Does an Employer Have to Pay Overtime According to California Overtime Law?
According to California overtime law, an employer must pay overtime when an employee works more than 40 hours per work week, whether the work was authorized or not. The Fair Labor Standards Act and the California Labor Code, which work together to regulate overtime wages, overtime eligibility and California minimum wage, govern California overtime law.
The FLSA considers certain employees to have “overtime exemptions.” This makes it legal for California employers to deny these workers overtime pay. The FLSA indicates five exemption categories to help employers identify overtime exempt employees:
- The executive exemption includes management roles.
- The administrative exemption applies to some office workers, such as loan officers.
- The professional exemption includes licensed professionals: physicians, architects and educators.
- The inside sales exemption applies to sales workers who earn substantial commission and a base pay one and a half times California minimum wage.
- The computer professionals exemption includes computer professionals working in independent, creative environments.
Overtime exemptions typically apply to salaried employees earning more than double California minimum wage and whose work involves independent direction. However, not all employed in these areas are actually overtime exempt. Stringent salary and payroll responsibility requirements must be proven before a California employer can justify unpaid overtime. Especially in Los Angeles, where overtime work is common, employers may commit exemption misclassification to justify unpaid overtime without meeting these requirements.
If you are a victim of overtime exemption misclassification, or any other type of employee misclassification, speak with a Los Angeles overtime lawyer who can use the California overtime law to file overtime claims and help collect the unpaid overtime and back wages you deserve. During a free consultation, we can examine your past paychecks and job responsibilities to determine if your employer may be classifying you as FLSA exempt to avoid paying overtime.
California Overtime Law: How Much is Overtime Pay in California?
California overtime law sets the standard overtime pay rate for an employee working more than forty hours in a workweek and eight hours a workday at one and a half times the normal rate of pay. Double pay may be issued for the time a California employee works more than twelve hours any day or more than eight if it is the seventh consecutive day of work.
If your employer has committed California Labor Code violations and you have worked underpaid overtime hours in California, the Los Angeles employment attorneys of Kesluk, Silverstein & Jacob may be able to help you recover unpaid wages.
California Wage Dispute? What to do Next
Whether you have been getting paid below California minimum wage, were denied breaks at work or have not received overtime pay, speaking with a Los Angeles wage dispute lawyer as soon as possible is crucial. The overtime lawyers at our law firm know California overtime law in great detail, and we have the legal resources to file an overtime lawsuit against your employer to earn you the wage settlement you rightly deserve.
If your hard work has been taken advantage of and you feel your employer has committed FLSA violations, California Labor Code violations or minimum wage violations, speak with a Los Angeles overtime lawyer at no charge today. The Los Angeles employment attorneys of Kesluk, Silverstein & Jacob are here to help you collect the overtime pay you earned. Have questions regarding other employment law issues, such as unpaid commissions or California unpaid internships? Let our Los Angeles wage and hour lawyers restore your faith that hard work does, in fact, pay off.