Seek The Overtime Pay That You Deserve
If you have been the target of an employer’s overtime violations, you can turn to an employment lawyer at Moon Law Group, PC, for aggressive, effective legal advocacy in your pursuit of justice.
At Moon Law Group, PC, our lawyers have a strong commitment to our clients and bring substantial experience, knowledge and resources to simple and complex cases alike. Known for our diligence, tenacity and record of success, our attorneys are ready to provide you with unparalleled legal services while working tirelessly to advance your interests and bring your case to the most favorable resolution.
Defining Overtime Pay And Double Time Pay
California law requires employers to pay overtime or double time for certain amounts of work.
- Overtime is 1.5 times an employee’s standard hourly rate for any hours worked over 8 hours a day or 40 hours a week.
- Double time – or, twice the standard hourly rate – is required for any time worked beyond 12 hours a day, or for time worked on the eighth day following seven consecutive days of work.
So, if you have a work day over 8 hours or a work week over 40 hours, you deserve overtime pay. If you work over 12 hours a day or more than seven consecutive days, you deserve double time pay. Failure to pay overtime or double time can apply to salaried, as well as hourly, employees.
Hold Your Employer Accountable: Seek Compensation
Far too many employers take advantage of employees by making them work overtime, but failing to compensate them. You deserve to hold your employer accountable. Taking legal action will not only penalize them for their violations of wage and hour laws, but also set an example for other California employers. Moon Law Group, PC, can help you file a claim against your employer to hold them responsible and help you recover compensation for your damages.
Employees Who Are Exempt From Receiving Overtime Compensation
Some employees are exempt from receiving overtime compensation due to the nature of their job duties and their salary structure. In most cases, it is “white collar” workers who have executive, administrative, or professional roles who are exempt. For anyone to qualify for an exemption, the employee’s duties need to relate to office or nonmanual work, like management or business operations. The employee also needs to have privileges, including discretion and authority to make decisions on significant issues. The employee’s annual pay needs to be at least more than twice California’s minimum wage for full-time workers.
There are some types of professions that are also often exempt from overtime pay, such as computer professionals (like system analysts and software developers), licensed doctors, surgeons, private school teachers, and outside salespeople. Employees who receive commission or work for a government agency may also be exempt. There are many different qualifications for being exempt, all depending on the job in question.
If you are unsure whether your role exempts you from receiving overtime compensation, it is crucial to consult with an experienced employment law attorney. They can help you understand the specifics of your job duties and compensation structure to determine your eligibility for overtime pay.
The Process Of Filing An Unpaid Overtime Lawsuit
If you believe you are owed unpaid overtime, filing a lawsuit may be necessary to recover your rightful compensation. Starting this process begins with filing a claim with the Labor Commissioner’s Office online, by email, mail or in person. When filing this claim, it is vital to have as much information about your employer, your job title and responsibilities, and how long you have worked in that position.
After you file a claim, the Labor Commissioner’s Office will conduct and investigation to verify if you are owed any wages. A settlement conference may be scheduled in an attempt to resolve the claim between you and your employer. If the conference is not successful, a hearing will need to be held, where a decision for your claim will occur.
We can help you through every stage of this process, including gathering evidence for your claim, like records of your hours worked, any pay stubs and documentation of your employment terms that can significantly strengthen your case.
If you need assistance with filing a wage claim or navigating the legal process, it is advisable to consult with an employment law attorney. We can provide guidance, represent you in legal proceedings and ensure your rights are protected. The skill of our team can be invaluable in holding your employer accountable and securing the compensation you deserve.
Make A Free Consultation To Discuss Overtime Violations
Based in Los Angeles, Moon Law Group, PC, offers free consultations to anyone who has experienced an overtime violation. Get your free appointment by calling us at 213-320-0519 or by sending us an email. We are ready to talk about your case.