Many workers in California depend on their overtime pay to support themselves and their families. Unfortunately, there are always employers who exploit their workers and refuse to pay them for the additional hours they’ve worked.
If your employer is withholding your overtime pay, you might be unsure how to get the money you’re owed. You might even fear that asking your employer to pay you the overtime you’re owed will result in retaliation or wrongful termination of your employment.
Fortunately, a California unpaid overtime lawyer from Domb & Rauchwerger can review the details of your case and, if warranted, file an overtime pay dispute or lawsuit on your behalf. They’ll strive to protect your rights under state overtime law and work tirelessly to get you the compensation you deserve.
California’s Overtime Law
Our unpaid overtime lawyers in California are intimately familiar with the state’s overtime laws and can use them to get you the pay you are owed. California’s overtime law protects your right to receive extra pay after working additional hours. According to California law, you must receive overtime pay if you’re a non-exempt employee who:
- Works more than eight hours in a day
- Works over 40 hours in a workweek, or
- Works more than six days in a workweek
Exempt and Non-Exempt Employees
As mentioned above, the state overtime law only applies to non-exempt employees. If you’re exempt, you likely won’t be able to take action against your employer for withholding overtime, but it could be helpful to meet with an unpaid overtime lawyer from California anyway.
A knowledgeable attorney can confirm whether you are considered an exempt or non-exempt worker. Exempt employees may include the following:
- Employees who work in an executive, administrative or professional capacity
- Employees in the computer software field
- Individuals employed by the state, county, city, or a special district
- Outside salespersons
- Employees who are also the parent, spouse, child, or adopted child of the employer
- Individuals employed by a national service program, such as AmeriCorps
- Drivers who are regulated by Title 49, Sections 395.1 to 395.13
- Drivers who are regulated by Title 13 of the California Code of Regulations
- Taxicab drivers
- Airline employees
- Commercial fishing crew members
- Professional actors
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How Much Overtime Should I Be Receiving?
If you’re a non-exempt employee, it’s important to know whether or not you’re receiving the amount of overtime pay that you’re legally entitled to. When calculating how much overtime pay you should be receiving, it’s important to understand that there are two types of overtime pay; time-and-a-half pay and increased overtime pay.
Calculating Time-and-a-Half
If you are a non-exempt employee, you are eligible to receive time-and-a-half pay for all hours worked in excess of 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 be receiving, multiply your regular hourly rate by 1.5. Then, multiply that number by the amount of overtime hours you’ve worked in excess of 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.
Double Overtime Pay
As a non-exempt worker in California, you’re eligible to receive double your standard rate of pay for all hours worked in excess of 12 hours in any workday. You’ll also be entitled to double overtime pay for all the hours you work in excess of 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 take that number and multiply it by the amount of overtime hours you worked in excess of 12 hours in a workday and/or in excess of 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 be receiving, you may have realized that your employer has been withholding the overtime pay you’re legally entitled to. If that’s the case, you’ll want to speak with an unpaid overtime attorney from California. They’ll determine if you have grounds for a claim and, if you do, help you take action against your employer.
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Violations of Overtime Pay Law that a California Unpaid Overtime Attorney Can Fight
Our team has represented countless workers whose rights have been violated by their employers. Throughout our careers, we’ve seen a number of different overtime pay law violations, and we know what needs to be done to combat them and get justice for our clients.
Our California unpaid overtime attorneys can help you take action against your employer for any of the following violations:
Refusing to Payout 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 be receiving time-and-a-half pay or double overtime pay for. An attorney from our firm can review your case, collect evidence, and demand that you’re 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.
Another way that your employer may try to avoid paying overtime is by “rounding” or “shaving off” the hours you work. 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 he or she works 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 time worked. Over a period of time, this can lead to a significant amount of overtime not being paid.
If you believe that your employer is purposely or accidentally miscounting your overtime hours, reach out to an experienced lawyer from our firm. They’ll be able to provide the legal advice and representation you need to get the pay you’ve earned.
Misclassifying You as an Exempt Employee
Sometimes, employers try to misclassify an employee as exempt when, legally speaking, they should be classified as non-exempt. Doing so allows employers to avoid having to pay these workers the overtime they should be getting.
If you believe you’ve been misclassified, a California employee misclassification lawyer from our firm can help you sort things out. They’ll help you determine whether you should be classified as an exempt or non-exempt employee. If they find that you’ve been misclassified as exempt, they’ll help you pursue compensation for the overtime pay you’ve missed out on.
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Our California Unpaid Overtime Lawyers Have What It Takes to Win Your Case
Attorneys Zack Domb and Devin Rauchwerger were once partners at one of the largest employment defense firms in the nation. During their time spent defending Fortune 500 employers from discrimination, harassment, and unpaid overtime claims, they learned all of the techniques and tactics that employment defense attorneys use to protect their clients.
Zack Domb and Devin Rauchwerger’s unique experience is what sets them apart from other employment law firms and gives them the knowledge they need to go up against your employer’s legal team. You can count on them to draw on all their resources and in-depth knowledge of California law to get you the results you need.
The team at Domb & Rauchwerger is committed to obtaining maximum compensation for workers whose rights have been violated, and it shows when you consider the past verdicts and settlements they’ve won. While we can’t promise that you’ll receive the same amount of compensation as our past clients, we promise to fight for the money you’re owed.
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Schedule a Free Consultation With an Unpaid Overtime Lawyer from Our California Team
According to the Labor Commissioner’s Office, you have exactly three years to file a suit against your employer for violating California’s overtime pay law. To avoid missing the three-year deadline, you’ll want to get in touch with a California unpaid overtime lawyer ASAP.
Contact Domb & Rauchwerger today to schedule a free, no-obligation consultation with an experienced and trustworthy attorney. They’ll meet with you to discuss your case and determine if you’re eligible to take legal action against your employer. We look forward to meeting with you soon.
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