California has some of the strongest overtime laws in the country, but many employees throughout the state still work extra hours without receiving the pay they earned. Our Ontario overtime violation lawyer helps workers determine whether an employer failed to follow California’s wage and hour laws and what legal options may be available to them.
Since 2007, Moon Law Group has focused solely on employment law. Our firm has recovered multimillion-dollar verdicts and settlements, handles complex wage and hour and class action cases across California, and has more than 40 lawyers with decades of combined experience.
If you are seeking help, our wage and hour violations lawyer serving Ontario will explain your rights and next steps. California law allows employees to seek unpaid overtime and other remedies when an employer violates wage and hour laws. Call us for a free initial consultation.
How Our Ontario Overtime Violation Lawyers Can Help You
Many employees in California know something is wrong with their paycheck, even if they cannot explain why. They may regularly work before their shift starts, stay late after clocking out, answer work calls after hours, or notice that overtime hours are missing from their pay.
Our employment lawyer begins by learning about your job, your schedule, and how the employer pays you. We review time records, pay stubs, work schedules, employer policies, job duties, payroll records, and other evidence to determine whether your employer followed California law.
If violations occurred, we explain your legal options, determine whether you were properly classified, and pursue the unpaid wages and other remedies available under California law. You can review some of our notable results from employment disputes we have handled successfully.
When One Overtime Claim Reveals a Larger Problem
Sometimes, one employee’s claim shows that coworkers experienced the same overtime violations. When the facts support it, an individual claim may grow into a representative action under California’s Private Attorneys General Act (PAGA) or another type of group claim.
For a free legal consultation with an overtime violations lawyer serving Ontario, call 213-232-3128
What Is an Overtime Violation in California?
A violation happens when an employer does not pay the overtime wages required by California law. Sometimes, it is easy to see the problem, but in some situations, employees do not realize they have been underpaid until someone explains how overtime rules work.
Common overtime violations include:
- Paying regular hourly wages instead of overtime
- Asking employees to work off the clock
- Changing time records
- Failing to count all the hours worked
- Misclassifying workers as exempt from overtime
- Using the wrong hourly rate to calculate overtime
- Averaging hours over multiple weeks instead of paying overtime each week
Even small amounts of unpaid overtime can add up over months or years.
Ontario Overtime Violations Lawyer Near Me 213-232-3128
Who Qualifies for Overtime Pay in California?
Many hourly employees qualify for overtime pay under California law. Some salaried employees qualify as well. Whether overtime applies depends on how an employee is paid, what work they actually perform, and whether a legal exemption applies.
An employer cannot avoid overtime simply by giving someone a different job title. For example, calling an employee a manager does not automatically make them exempt from overtime requirements. California looks at the employee’s actual job duties.
If there is any question about whether you qualify for overtime, our Ontario overtime violation lawyers can review your position and explain how California law applies to your situation.
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How Does California Calculate Overtime?
California generally requires eligible employees to receive additional pay after working a certain number of hours. Employees may qualify for:
- One and one-half times their regular rate of pay after more than eight hours in one workday.
- One and one-half times their regular rate after more than 40 hours in one workweek.
- One and one-half times their regular rate for the first eight hours worked on the seventh consecutive day in a workweek.
- Double time after more than 12 hours in one workday.
- Double time after more than eight hours worked on the seventh consecutive day in a workweek.
These rules apply to many employees, though some occupations and exemptions follow different legal standards.
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What Can You Recover for an Overtime Violation?
Employees who successfully prove an overtime violation may recover more than unpaid overtime wages. California law allows additional remedies in certain situations, depending on the case.
An employee may be entitled to unpaid wages, interest, waiting time penalties, wage statement penalties, attorney’s fees when the law allows it, and other available remedies. The amount depends on how long the violations occurred and how much overtime should have been paid.
How Long Do You Have to File an Overtime Claim in California?
The state limits how much time people have to file overtime wage claims. The deadline depends on what kind of wage claim is filed and the circumstances involved. Waiting too long may affect the wages or penalties available.
Speaking with an employment lawyer early gives you the opportunity to understand the deadlines that apply to your situation. Relevant deadlines are found in California Code of Civil Procedure § 338 and California Labor Code § 2699.3 for certain PAGA claims.
Frequently Asked Questions (FAQs) About Overtime Violations
Many people have questions about overtime pay because every workplace is different. These answers explain some of the most common concerns about California overtime laws.
How Do I Know if My Employer Owes Me Overtime?
If your paycheck does not match the hours you worked, your employer may have violated California’s overtime laws. A lawyer from Moon Law Group can compare your work schedule, pay records, and job duties with state law to determine whether you may have a claim.
Can Salaried Employees Receive Overtime?
Yes. Receiving a salary does not automatically make an employee exempt from overtime. California considers the employee’s actual job duties and other legal requirements when deciding whether overtime laws apply.
Can My Employer Require Me to Work Off the Clock?
Generally, they cannot require that. State law requires employers to pay employees for all hours they have worked. If you are expected to perform job duties before clocking in, after clocking out, or during unpaid time, those hours may still be compensable.
What if Other Employees Have the Same Problem?
If it becomes clear that other employees experienced the same overtime pay violations, additional legal options may be available, such as a class action.
What If I Do Not Have All of My Records?
You may still have a claim. Pay stubs, schedules, text messages, emails, calendars, and your own notes may all help establish the hours you worked and the wages you received.
Tell Our Ontario Overtime Violation Lawyers About Your Situation
If you believe your employer failed to pay you for all the hours you worked overtime, speaking with an Ontario overtime claim lawyer from Moon Law Group can help you understand what you could recover with a claim as well as the rights you have.
We will review your situation, explain whether your employer may have violated overtime laws, and discuss the legal options available to you. We handle more than 600 employment cases each year, and many individual wage and hour claims grow into significant representative and class actions when widespread violations are uncovered.
Contact our office today to discuss your situation during a free case review. There are no attorney’s fees unless we successfully resolve your case.
Call or text 213-232-3128 or complete a Free Case Evaluation form