Pasadena Unpaid Overtime Lawyers

How Much Overtime Should You Receive?

If you’re a non-exempt employee, you need to know whether or not you’re receiving the amount of overtime pay you’re legally entitled to. When calculating how much overtime pay you should receive, you must understand the two types: time-and-a-half pay and increased overtime pay.

How to Calculate Time-and-a-Half

If you are a non-exempt employee, you can receive time-and-a-half pay for all hours worked more than eight hours up to and including 12 hours in a given day. You’re also entitled to time-and-a-half pay for the first eight hours of work on the seventh consecutive workday in a week.

To calculate how much time-and-a-half pay you should receive, multiply your regular hourly rate by 1.5. Multiply that number by the number of overtime hours you’ve worked more than eight hours up to and including 12 hours in a given day, and/or the first eight hours worked on the seventh consecutive workday in a week. The result will be how much time-and-a-half overtime pay you’re owed.

Understanding Double Overtime Pay

As a California non-exempt worker, you can receive double your standard pay rate for all hours worked beyond 12 hours in any workday. You’ll also be entitled to double overtime pay for all the hours you work more than eight hours on the seventh consecutive workday in a week.

Calculating double overtime pay is simple. First, multiply your regular hourly rate by two. Then multiply that number by the overtime hours you worked that were more than 12 hours in a workday and/or over eight hours on the seventh consecutive workday in a week. The result will be the amount of double overtime pay you should have received.

Upon calculating how much overtime you should receive, you may have realized that your employer has been withholding overtime pay you’re legally entitled to. If so, you’ll want to speak with a Pasadena unpaid overtime attorney at Domb & Rauchwerger. We can determine if you have grounds for a claim and, if you do, help you take legal action against your employer.

Understanding your pay structure is crucial for identifying potential underpayments. Regular audits of your pay stubs and time records can help reveal patterns of miscalculation or manipulation by employers. Legal consultation ensures you fully comprehend your rights and what entitlements may have been overlooked.

Contact our Pasadena unpaid overtime attorneys by calling (213) 772-5882 today!

California Overtime Pay Violations We Can Fight

Our team has represented countless workers whose employers violated their rights. Throughout our careers, we’ve seen several different overtime pay law violations, and we know what needs to be done to combat them and get justice for our clients.

Our team can help you take legal action against your employer for any of the following violations:

Refusing to Pay Out the Overtime You’ve Earned

You likely have grounds for a claim if your employer has only paid your regular hourly rate for hours you should have received time-and-a-half or double overtime pay. An attorney from our firm can review your case, collect evidence, and demand that you be provided the compensation you’re owed.

Miscounting the Overtime Hours You’ve Worked

Another way that employers try to avoid paying overtime is by refusing to correctly count the overtime hours you’ve worked. If you’re a site-based employee who doesn’t clock in or out of work, you’re more likely to experience this violation.

Employers may utilize sophisticated timekeeping systems that automatically adjust work hours to avoid paying proper overtime. Being vigilant about your entries and maintaining personal records can be vital. Consulting with an attorney when facing discrepancies ensures that any oversight or deceit in timekeeping practices is resolved legally.

Your employer may also try to avoid paying overtime by “rounding” or “shaving off” your work hours. For example, if a worker is supposed to start their shift at 8:00 a.m. and clocks in at 7:55 a.m., but the employer has a timekeeping system that “rounds” or “shaves” their clock-in time to 8:00 a.m., this can lead to an employer not paying an employee for all of the time that they work and not paying all of the overtime that they owe.

This can also happen if an employee clocks out at 5:05 p.m. but the employer’s timekeeping system “rounds” or “shaves” the clock-out time to 5:00 p.m. In both examples, the employee is working but not getting paid for all the time worked. This can eventually lead to a significant amount of overtime not being paid.

If you believe your employer is purposely or accidentally miscounting your overtime hours, reach out to an experienced overtime violation lawyer from our firm. 

Misclassifying Employees to Avoid Overtime

Misclassification of employees as exempt to dodge overtime obligations is a significant issue in Pasadena’s diverse job market. This practice can unjustly deny workers their rightful overtime pay. The fine line between exempt and non-exempt status depends on job duties and salary levels, which need careful evaluation by legal experts.

Employers in Pasadena, especially in burgeoning industries like tech and health services, might misclassify roles due to outdated definitions or willful oversight. If you believe you’ve been misclassified, a misclassification lawyer from our firm can help you sort things out. At Domb Rauchwerger LLP, we are adept at assessing job descriptions and classifications, ensuring compliance with California’s labor laws, and securing due wages for wrongly classified employees.

Recognizing misclassification early and correcting it is essential since this oversight can accumulate significant wage discrepancies over time. Regular verification of employee status aligned with job duties and responsibilities can prevent prolonged disputes.

Overtime Violation Penalties: Civil vs. Criminal

Employers found guilty of overtime violations can face both civil and criminal penalties. Civil penalties include paying back wages, interest, and additional amounts due as liquidated damages. On the other hand, criminal charges can result in significant fines and even incarceration. California law is stringent about enforcing these penalties to ensure fair labor practices. 

Understanding these repercussions not only discourages unlawful practices but also equips employees with the knowledge to advocate for their rights. Staying informed about potential penalties can empower affected workers to pursue claims without fear and in expectation of legal protections.

Seek experienced assistance from a qualified overtime violation lawyer. Call (213) 772-5882 or contact us right away to secure your consultation.

Frequently Asked Questions

What Can I Do If My Employer Retaliates Against Me?

Retaliation can take many forms, including demotion, firing, or other punitive measures. If you suspect retaliation after raising overtime pay concerns, it's crucial to act quickly. Document all interactions and seek the advice of an attorney immediately to safeguard your rights. Domb Rauchwerger LLP can work with you to explore legal channels and seek compensation for any retaliatory actions. Reach out to an experienced overtime violation lawyer now.

How Long Does the Overtime Claim Process Take?

The duration of an overtime claim can vary widely depending on the complexity of the case, the amount of evidence, and whether employers are cooperative. Some cases may resolve within a few months through settlements, whereas others might require extended litigation. Our team provides transparency at every stage, giving you a realistic timeline and expected outcomes based on your specific circumstances.

Can I Still File a Claim if I'm Paid a Salary?

Salaried employees can often misjudge their exempt status. Many salaried positions still qualify for overtime pay under California law, particularly if job duties align more with non-exempt criteria. It’s crucial to evaluate your specific job role and consult with legal advisors like Domb Rauchwerger LLP to ensure that your employer isn't wrongly classifying and underpaying you.

Talk to an experienced overtime violation attorney today. Call (213) 772-5882 or contact us online to protect your rights and explore your legal options.