Enforce Your Rights with the Help of an Experienced Los Angeles Overtime Lawyer
Most employees in Los Angeles are entitled to overtime pay when they work more than 8 hours in a day, more than 40 hours in a week or more than 6 days in a week. Unfortunately, many employers do not voluntarily comply with their overtime pay requirements. If your employer has underpaid you, you should hire an experienced Los Angeles overtime lawyer to help you assert your legal rights.
At Attorneys For Employees, we have helped numerous employees enforce their right to overtime pay. Our lawyers are well-versed in the protections that apply under the Fair Labor Standards Act (FLSA) and the California Labor Code. We can accurately calculate the compensation you are owed, and if your employer has underpaid you, we can help you hold your employer accountable.
Understanding Your Right to Overtime Pay in Los Angeles
Just as employers in California must pay the state’s (or their city’s or county’s) minimum wage, they must also comply with the state’s overtime pay requirements. These requirements exist under the California Labor Code. Specifically, Section 510 of the California Labor Code requires employers to pay overtime as follows:
Employers must pay their employees time-and-a-half (or one and a half times their normal hourly wage) when their employees work either:
- More than eight hours in a day;
- More than 40 hours in a week; or,
- More than six days in a week.
So, for example, let’s say you work late on a Monday. If you spend more than eight hours at work, you are immediately entitled to overtime pay for the hours you worked in excess of a normal eight-hour workday. It doesn’t matter how many hours you work the rest of the week.
Or, maybe you normally only work five days a week, but your boss says you need to work one Saturday. If your normal workday is eight hours, you would be entitled to overtime pay on Saturday since you would be over 40 hours for the week.
Finally, let’s say you typically work six days per week, Monday through Saturday, and on Friday your boss says you need to come in on Sunday. If your employer’s workweek is defined as Monday through Sunday, you are entitled to overtime pay all day on Sunday, no matter how many hours you worked during the week, because Sunday is your seventh day of work in a row for that workweek.
Employees in Los Angeles are also entitled to double their normal wage for overtime in some circumstances. Under the California Labor Code, you are entitled to double-time if you work:
- More than 12 hours in a day; or,
- More than eight hours on the seventh consecutive day of your workweek.
Let’s go back to our third scenario above—where your boss asks you to come in on Sunday after working every day of the week. While you would be entitled to time-and-a-half for your first eight hours on Sunday,, you would be entitled to double-time for any hours worked beyond eight.
As you can see, California’s rules on overtime pay can be tough to follow, and, as an employee, it isn’t always easy to figure out exactly how much you are supposed to be paid. The California Labor Code protects worked in California against unpaid overtime. If you believe that you have been underpaid, it isn’t important to know exactly how much your employer owes you. Your Los Angeles overtime lawyer at Attorneys For Employees can figure this out for you, and what is important is simply that you speak with a lawyer as soon as possible.
Filing a Claim for Unpaid Overtime in Los Angeles
When you are entitled to unpaid overtime in Los Angeles, you have three primary options for asserting your legal rights. Depending on your individual circumstances, your Los Angeles overtime lawyer at Attorneys For Employees may recommend either:
- Filing an overtime lawsuit against your employer;
- Filing a complaint with the California Labor Commissioner’s Office; or,
- Filing a complaint with the U.S. Department of Labor.
Again, our lawyers can explain everything you need to know, and we can take all of the steps necessary to file your claim and secure compensation for your unpaid overtime on your behalf.
Exemptions and Exceptions Under California’s Overtime Law
While most employees in Los Angeles are entitled to overtime pay as discussed above, California’s overtime law contains various exemptions and exceptions. Exemptions preclude certain employees from claiming overtime, while exceptions make overtime pay unavailable to eligible employees in certain circumstances.
Some examples of California’s overtime pay exemptions include:
- Executive, administrative and professional employees
- Certain employees in the computer software field
- Certain employees who primarily earn commissions
- Outside salespersons
- Drivers whose hours are regulated by federal law
- Employees covered under collective bargaining agreements
Some examples of California’s overtime pay exceptions include those that apply to:
- Employees who have a valid alternative workweek schedule
- Hospital and other healthcare employees
- Camp counselors
- Resident managers of homes for the aged that have less than eight beds
- Employees who provide 24-hour residential care for minor children
- Ambulance drivers and attendants
- Employees in certain agricultural occupations
But, even if you think one of California’s overtime exemptions or exceptions may apply to you, we still encourage you to speak with a Los Angeles overtime lawyer at Employees For Attorneys. Employers regularly misclassify their employees, and some try to use other improper practices to avoid paying overtime as well. If your employer says you are ineligible for overtime, you should not take this as the last word on your legal rights. Instead, you should seek advance from an experienced lawyer who has your best interests in mind.
Discuss Your Legal Rights with a Los Angeles Overtime Lawyer
Do you believe that your employer owes you unpaid overtime? If so, we strongly encourage you to speak with a Los Angeles overtime lawyer at Attorneys For Employees about your legal rights. To schedule a confidential consultation as soon as possible, please call 310-601-1330 or contact us online today.