Unpaid Wages? What To Know About California Overtime Laws

Los Angeles Overtime Lawyer Can Collect Hard-Earned Money In Wage 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 & Morrison, P.C. 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 Laws?

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 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.