The majority of employees are entitled to overtime compensation of one and a half times their regular hourly pay rate for any work performed in excess of eight hours per day or 40 hours per week.
Paying Minimum Wage To Non Exempt Employees
California employers must pay at least the California minimum wage to all non-exempt workers for all hours worked. If an employer misclassifies an employee as exempt and the employee works overtime and only receives the equivalent of minimum wage, the employer may face significant penalties for failure to pay minimum wage once all hours worked are considered and claimed.
Employers Misrepresentation Of Overtime Laws
Employers often misinterpret laws regarding overtime, and some simply ignore them by making their employees work through lunch or break time. A typical violation occurs when employers assign administrative tasks to hourly-paid managerial employees who must be completed on the employee’s own time, over and above their 40-hour work week.
Guarantees Under State And Federal Law
Under California law, workers who have been wrongly denied overtime pay are entitled to recover the unpaid overtime wages due, plus attorneys’ fees, costs, and interest. Federal law also allows workers to recover additional ‘liquidated damages’ equal to the amount of overtime wages owed. If your employer has not paid you for working overtime, a Los Angeles employment attorney may be your best source to learn your rights and act on them to ensure a fair payment for work performed.
Distinguishing Between Independent Contractors And Employees
Not all workers qualify under these laws, however. Wage and hour laws that protect employees do not apply to ‘independent contractors.’ Many employers therefore call their workers independent contractors in order to avoid paying overtime. Regarding relevant wage and hour laws, what the employer says does not determine whether a worker is an independent contractor or an employee. It is the actual terms and conditions of employment determine whether a worker is a regular employee or an independent contractor. Control over an employee is the defining characteristic of whether a worker qualifies as an employee or an independent contractor: the more control exuded over an employee means that likely the worker will be considered an employee.
Many wage disputes are the result of unpaid wages, improperly calculated overtime, and minimum wage violations. If you have a Los Angeles wage dispute claim, contact a Los Angeles wage dispute lawyer at our law firm today to set up a consultation. Our Los Angeles wage dispute lawyer gives clients information about what to do if they are not receiving the correct pay.