The workplace is one of the most common places where discrimination occurs. In 2017, over...
Working overtime is the term used to refer to the time an employee spends working beyond his or her regular hours. Rank-and-file employees in California should be aware that they have a right to be paid an extra premium for overtime pay according to the Fair Labor Standards Act (federal) and California labor laws. These workplace rules are applicable to nonexempt employees 18 years of age or any minor employee 16 or 17 years of age who are not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work.
How Do I Determine My Overtime Pay?
Overtime pay is based on your regular rate as agreed upon by you and your employer at the time of hiring. In excess of 8 hours of work a day, you should be paid one point five (1.5) times your usual hourly rate. This is also the case if you are made to work for more than forty (40) hours a week. The rate of overtime also increases to double time as soon as an employee works past the 12-hour mark. The rate of overtime is also doubled when an employee works past the 8-hour mark on a Sunday
In computing your overtime pay, the basis of the 1.5 hours in excess of 8 hours of work in a day is not your regular hourly rate. It should be based on a premium set by law or by your employer. If you are being provided a higher hourly rate than $8.00 an hour in California, then the computation of your overtime pay should be based on such higher rate.
Understanding Overtime Exemptions
There are some exemptions from this law. This means that there are some employees to whom the overtime law does not apply. These exemptions are set for different kinds of employees from various industries.
In order to determine whether you are covered by the overtime pay, you should know whether you are a rank-and-file employee or managerial employee. Managerial employees are not covered by minimum wage laws because they are imbued with confidence by their employer and hence, get higher pay as opposed to rank-and-file employees.
When Employers Abuse/Misuse the Overtime Law
Some employers give managerial sounding positions to rank-and-file employees to escape paying overtime pay. In these cases, employers simply change the title of the employee without truly promoting his/her rank in the company. You will need a los angeles employment discrimination lawyers to analyze your job description and see where to go from there.
Under the provisions of the Labor Code Section 204, overtime wages must be paid no later than the payday for the next regular payroll period after which the overtime wages were earned. If you are working more than 8 hours a day or more than 40 hours in a week and you are not being provided with overtime pay by your employer, then your rights to overtime pay are being violated. In this case, you need to immediately seek legal counsel.
There are also some cases when some California companies try to avoid giving their employees overtime pay by implementing something called ‘compensatory time schemes’. This is when companies try to carry over hours spent beyond regular work hours to the next day as an excuse not to pay the overtime hours. The law states that working for more than 8 hours a day should be compensated.
It is worth noting that an employer may dictate the employee’s work hours and schedule. Additionally, under most circumstances, an employee may be disciplined and even terminated if he/she refused to work scheduled overtime. Furthermore, the law does not require the employer to pay the overtime premium until after eight workday hours or 40 hours in total during a workweek.
An employer can discipline an employee for working overtime without the proper authorization. However, California’s wage laws restrict employees from deliberately preventing his/her employer from knowing about unauthorized work and then claim for overtime compensation during the next payday. At the same time, employers are also expected to know about these things and keep accurate time records.
Dealing with Unpaid Overtime Work
In order to determine whether you are covered by the overtime pay law, the best thing to do is seek legal advice from top Los Angeles Overtime Pay Lawyers. These attorneys can properly analyze your job position and provide you with the best advice for your labor law issues.
What is the procedure that is followed after I file a wage claim? First, you must file an unpaid wages claim with a local office of the Division of Labor Standards Enforcement. Your case will then be assigned to a Deputy Labor Commissioner who will assess and determine what the next steps are to take. He/she may decide to hold a conference between the employee and employer to verify the validity of the claim. This conference is also held to see whether the claim can result in an overtime lawsuit settlement. In the case you experience a workplace retaliation after filing a claim against them, you may file a discrimination/retaliation complaint with the Labor Commissioner’s office.
Seeking Legal Help from Overtime Law Attorneys in LA
Employees are required by law to work for only 8 hours a day and only 40 hours in total for the work week. Employers are required to compensate beyond these hours. If your employer does not abide by this, it is best to seek legal help from Mesriani Law Group’s highly respected overtime violation lawyers, meal and rest breaks, vacation paid and minimum wage attorney. These Los Angeles-based lawyers have had decades of experience in defending employees from all employment and labor law violations. We are confident in our ability to winning everyone the justice they deserve; so much that we have a No Win, No Pay policy. This means we will not charge you unless we win your case. A California’s most trusted law firm, you can trust that we have nothing but the best intentions to help you recover from any unjust treatment done to you.