A full work day is considered 8 hours long and 40 hours worked throughout the week. Any time worked that exceeds the amount of full time is considered overtime and should be paid higher wages. If you are not being paid appropriately for your overtime work, our Los Angeles employment lawyer at Alan Burton Newman, PLC can represent you in your case.
Under California and federal wage and hour laws, employers are required to pay overtime wages to non-exempt employees. Whether you are paid hourly, salary, or by commission, you are entitled to higher wages for extra hours and days worked. Generally, these wages are calculated according to the "time and a half" overtime rule.
By California law, rates for overtime are as follows:
If your paychecks aren’t corresponding to the rates you should be receiving, you could have an employment law case on your hands. Our employment attorney will review your case, working with you to explain the complexities of your legal protections and how your employer may or may not have violated them. No matter how large the corporation is, our firm can handle it.
Q. Am I protected under federal law and state law?
A. Yes, you are protected under both. Federal law is the Fair Labor Standards Act (FLSA). California state law is covered under labor law and is administered by Industrial Welfare Commission (IWC). Since California state law offers far better protection, all employment claims should be brought under California state law.
Q. Am I entitled to overtime pay?
A. Every employee is entitled to overtime except if you are an exempt employee.
Q. How do I know whether I am an exempt employee?
A. You are an exempt employee if you exercise independent business judgement and/or manage people.
Q. What does “manage people” mean?
A. You manage people if you hire and fire them. Determining their schedules or training them is not sufficient.
Q. My title is “Manager”. Does that make me an exempt employer?
A. No. If you do not exercise independent business judgement and/or manage people, you are not exempt.
Q. I receive a salary, not hourly pay. Does that mean I am exempt?
A. No, you are not an exempt employee if you do not exercise independent business judgement and/or manage other employee.
Q. When does overtime start?
A. After 8 hours, you are to receive time and a half and after 12 hours you are to receive double time.
Q. I work over 40 hours a week but not more than 7 hours on any day, Am I entitled to overtime?
A. Yes, you are entitled to overtime for all hours in excess of 40 hours a week.
Q. My employer makes me logout and requires me to work after l logged out. Can I claim overtime?
A. Yes. You need to keep track of your hours. If you can prove that this was the practice of the company, the court will award you your hours based on your estimate.
Q. My employee pays me cash. Does that make any difference?
Q. I am not legally in this country. Does that make any difference?
Q. Are there any penalties for failure to pay overtime?
A. Yes. There is a $50 penalty for a first pay period and a $100 penalty for each pay period after that for a maximum of $4,000.
Q. What is the statute of limitation for me to claim overtime?
A. There is a 3 year statute which can be extended an additional year.
Q. I no longer work there. Can I still make a claim for overtime?
A. Yes, and there is an additional penalty of your 1 day wages up to 30 day wages.
Q. Can my employer fire me because I asked to be paid my overtime?
A. Your employer cannot legally fire you. This is called retaliation and your employer will be liable for any loss wages, future wages, for emotional distress and for punitive damages.
At Alan Burton Newman, PLC, our biggest concern is the fair treatment of our clients. Our Los Angeles employment lawyer has challenged the treatment of employees in companies such as Home Depot, Verizon, and Chevron. We will represent you in your case for fair overtime wages and, in the event our firm is unsuccessful, you won’t have to pay a dime for our legal services. Don’t wait; call our firm to receive the compensation you deserve.
For more information about your overtime case, schedule a free case evaluation. Call (310) 986-2792.
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