If you believe your employer has not paid you overtime when you deserved it, you should seek legal counsel from a trusted employment law attorney. California is an employee-friendly state and, under both its state and federal laws, overtime pay is a guaranteed right when you have legitimately earned it.
At Kingsley & Kingsley Lawyers, we concentrate our entire practice on employment law. Since 1997, we have successfully represented workers who have suffered workplace violations, such as unpaid overtime. Our firm brings exceptional experience, litigation skills, and dedication to the clients who entrust us with their cases. We are ready to evaluate your situation to determine how best to represent you in an overtime pay dispute.
Overtime Pay Laws
Overtime pay requirements are spelled out under the law as follows:
- If you work more than 40 hours in a week, you must be paid one and a half times your normal rate of pay for the overtime hours.
- If you work more than eight in a day, you must be paid one and a half times your normal rate of pay for the overtime hours.
- If you work more than 12 hours a day, you must be paid double your normal rate of pay for the overtime hours.
Independent Contractors & Overtime
Some workers do not qualify to receive overtime pay. Included in these are independent contractors. Some employers attempt to dodge paying overtime to employees by misclassifying them as independent contractors when they are not. However, under California law, you are considered an employee unless your employer has specifically proven that you are an independent contractor. If you believe you have been misclassified in this way, Kingsley & Kingsley Lawyers can review your situation to determine whether you should be properly classified and receive the overtime pay you were denied.
Employees Who Are Exempt From Receiving Overtime Compensation
Some types of actual employees do not qualify to receive overtime compensation. Generally, these are salaried employees known as “white-collar” workers.
Their exemption from overtime is based on the following:
- They have executive, administrative, or professional duties that commonly makeup 50 percent or more of their responsibilities;
- They routinely and generally make discretionary decisions and exercise their own judgment at work on matters they handle;
- Their salary equates to a minimum of twice the California minimum wage for a 40-hour work week.
Other employees who are commonly exempt include computer professionals, such as system analysts, software and hardware designers or developers, doctors, surgeons, private school teachers, state and local government employees, outside salespeople, and certain employees paid by commission. However, in many of these cases, specific requirements have been established by law that must be satisfied to make these employees exempt from overtime. The laws on this matter are very complex and confusing which is why you should discuss your case with one of our attorneys to determine if your position and circumstances make overtime unavailable to you or not.
Get Competent Help with an Overtime Matter
If you are uncertain if you are entitled to overtime pay or believe you have been misclassified and/or denied such pay, we strongly advise that you speak with one of our Los Angeles overtime attorneys. We can answer any of your questions and help you take action against an employer who has engaged in unlawful behavior. Our firm is dedicated to holding employers accountable. We represent California clients on a contingency fee basis.