When you work beyond the hours you are required to work, including working through lunch, working at home, or working off the clock, you may be working unpaid overtime. Your employer may not even believe you are entitled to overtime wages if they are treating you as a salaried employee or independent contractor.
If you believe that you are entitled to overtime or have unpaid wages, you should immediately consult with an experienced Orange County overtime violation attorney to protect your legal rights. The labor law attorneys at the Law Offices of Samer Habbas & Associates have extensive experience and knowledge in handling unpaid or overtime wages.
We are dedicated employment law attorneys who will aggressively fight in getting you the full compensation that you deserve. With multiple offices located in Irvine, Anaheim, Los Angeles, El Segundo, Riverside and San Diego, our employment lawyers represent victims of overtime violations across Southern California. For more information or to schedule a free consultation, please call 949-528-8136.
3 Ways Employees Can Earn Overtime
As an employee, you can earn overtime in three different ways:
- Daily Overtime Pay. If you exceed an 8-hour workday, your employer must pay you at 1.5 times your regular hourly rate for the additional time worked. If you work more than 12 hours a day, you must be paid at 2 times your regular hourly pay rate.
- Weekly Overtime Pay. If you exceed a normal or regular 40-hour workweek (excluding any daily overtime hours), your employer must pay you 2 times your regular hourly rate.
- 7th Day Overtime Pay. If you work seven days in a row during a regular workweek, your employer must pay you 1.5 times your hourly rate for the first 8 hours worked. You must be paid at 2 times your hourly rate for any additional hours you work beyond the 8 hours.
Occupations Exempt from Overtime Pay
If you are considered an exempt employee, your employer is not obligated to pay you overtime for any additional hours you work. Below are some of the common categories of exempt workers:
- Employees at an executive level
- Professional employees
- Administrative employees
- Outside sales employees
- Computer professional employees
In order to qualify as an exempt employee, you must:
- Receive a salary of more than two times the minimum wage
- Perform exempt job duties
- Engage in independent judgment on serious matters pertaining to your job
- Exercise discretion in making decisions
If you are categorized as an exempt employee, it is crucial to make sure you actually meet the criteria discussed above as well. It is important to note that getting paid a salary alone does not qualify you as an exempt employee. In cases where employers misclassify their employees as non-exempt employees and fail to pay them the overtime they deserve, they can be held legally accountable.
How Employers Can Violate California’s Overtime Laws
Most of the time, employees know when their employer is not paying them the proper overtime hours they deserve. Similarly, most employers are aware when they are violating overtime law and not paying their employees. This is common when employees are not aware that they are entitled to overtime in the first place. To make sure that you get the full payment you deserve, you should be familiar with the common ways your employer might be violating the overtime laws, such as:
Not paying you the full payment you deserve for the hours worked.
If you pay close attention to details, you will have some understanding that you should be paid for the extra time you worked. In determining the hours you worked, it is important to note how California laws actually define “hours worked.” In most cases, California laws require that you are paid for the following as part of “hours worked”:
- Travel time
- On-call/standby time
- Off-the-clock time
Paying a salary to non-exempt employees.
Misclassifying a non-exempt employee as exempt and paying them a salary is a common type of overtime violation committed by employers. If you in fact should be legally defined as a non-exempt employee, your salary will not compensate you for the overtime you are owed.
Misclassifying you as an independent contractor.
If you are misclassified as an independent contractor by your employer, you are likely not getting paid for overtime owed. In most cases, employers classify their employees as independent contractors to avoid having to pay overtime.
Failure to properly calculate overtime pay.
Calculating overtime pay is not difficult – it is 1.5 times your hourly pay rate. However, if you are paid by commission or piece rate or you receive bonuses, the calculation of overtime may be different and more complicated.
Recovering Unpaid Wages as Part of a Legal Claim
If your employer has failed to pay you overtime, you may be entitled to not only your unpaid overtime but also penalties and interest. In other words, you may recover tens of thousands of dollars as part of your legal claim. California laws are very protective of workers whose employers have failed to properly pay them or have misclassified them to avoid proper pay.
The Orange County overtime attorneys at the Law Offices of Samer Habbas have the experience to properly investigate all aspects of overtime/unpaid wage cases. We will aggressively fight to protect your legal rights. Depending on the specific facts of your case, you may be entitled to the following damages if your employer has failed to pay you overtime:
- Unpaid overtime
- Penalties for the unpaid overtime
- Penalties for all late payments
- Penalties for paystub
How an Orange County Employment Attorney Can Help
- Time records
- Work schedules
- Offer letters
- Employee handbook
- Any emails or correspondence between you and your manager/employer pertaining to your working hours and pay rate
- A copy of any complaint you filed with your employer
- Contact information for your employer, especially your direct supervisor or manager
Contact an Experienced Orange County Overtime/Unpaid Wage Attorney
If you or someone you know believes that your employer has failed to overtime wages, it is best to immediately consult with an experienced attorney. The Orange County unpaid wage lawyers at the Law Offices of Samer Habbas & Associates can help you fight for your rights and recover the full damages that you deserve. We specialize in handling a wide variety of employment law cases.
The Law Offices of Samer Habbas is dedicated to helping individuals with their all overtime/unpaid wage claims. With multiple offices located in Irvine, Anaheim, Los Angeles, El Segundo, Riverside and San Diego, our employment lawyers represent victims of overtime violations across Southern California. For more information or to schedule a free consultation, please call 949-528-8136.
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