Attorney for Overtime Violations in California

Legally, “hostile work environment” means more than having a bad boss or co-workers who do not treat you well. The law defines a hostile work environment as one in which any reasonable person would feel uncomfortable and unsafe. However, simply establishing that your work environment is hostile is not sufficient to support a legal claim.

A co-worker who repeatedly interrupts while you’re on the telephone and makes negative comments about the picture of your dog on your desk or a boss who yells all the time may create a work environment you experience as hostile, but they won’t give rise to a legal claim in the absence of unlawful discrimination.

Lawyers for Overtime Violations

United States law protects employees from overtime and wage violations. The Fair Labor Standards Act (FLSA) establishes regulations concerning overtime, wage rates, child, labor, and company record-keeping. The FLSA states that any work past 40 hours in a workweek must be paid at one and one half (150 percent) of the employee’s base hourly rate.

Some employees who work in the California area do not know that they are entitled to overtime wages. An employee can rightfully file a claim against an employer who unlawfully violates overtime laws. You may be entitled to compensation due to your lost wages. Contact an attorney at Larian Law Firm to evaluate and file your claim today.

The attorneys at Larian Law Firm are experienced in employment law and are well-versed in wage violations in California. Larian Law Firm wants to get you what you deserve. We accept clients throughout the greater California area. Let us help you through this. Contact an employment law attorney today by calling (310) 720-0505.

The Fair Labor Standards Act (FLSA)

Federal law established the Fair Labor Standards Act (FLSA) to outline employment laws such as overtime, record-keeping, or wage rates. The FLSA dictates what is overtime to hourly (and some salaried) workers. If a person works more than 50 hours in a work week, they must be paid overtime wages.

The FLSA regulations apply to every government or private employer with sales totaling $500,000 annually. Unless you are working in an incredibly small business, FLSA rules apply to your employer. Even if they are not making $500,000 a year, they may still have to follow the Fair Labor Standards Act.

A few exemptions to the FLSA requirements may be small private farms, salaried employees, or employees who qualify as “executive professional or administrative workers” under FLSA. The reasoning for salaried employees being exempt is because their salary incorporates extra responsibilities including working over 40 hours a week.

Additionally, a salaried employee is allowed paid leave days. Hourly employees do not get paid time off normally, which is why overtime wages are so incredibly important. Some employers will deny overtime wages by claiming their employee is exempt when they are not, this is a violation of FLSA.

Types of Overtime Violations

Labor law regarding overtime pay can be murky at times. Overtime and unpaid wage laws depend on the industry or job you are in. Most overtime violations fall into one of two categories:

  • Misclassifying employees as exempt from overtime pay; or
  • Miscalculating or underreporting hours worked.

Misclassification of Employees to Avoid Overtime Pay

The most common violation involves the employers’ failure to pay overtime by misclassifying employees. An employee’s status as exempt or nonexempt is legally required to be communicated to him or her during the hiring process. Employees must also agree to the terms before starting employment.

An employee, who is called a “manager” and has the same duties as an hourly-type position, must still be paid overtime wages. On the other side, a salaried employee is not automatically required to work over 8 hours a day and over 40 hours a week.

An employee is entitled to overtime if they work over eight hours per day, 40 hours per week, or who work seven days in a row. If an employer applies nonexempt hour and wage practices to an exempt employee or vice versa, they are violating the Fair Labor Standards Act (FLSA).

This law does not apply to certain employees. A few exempt careers are management, independent contractors, or professional-level employees. Salary employees are not eligible for overtime wages. However, there are a few exceptions. For instance, police officers and nurses can also be considered nonexempt employees.

Miscalculating or Underreporting Hours Worked

Another common overtime violation involves not paying hourly workers for every hour they work. Some employers dock pay because an employee had poor work quality or low productivity. Other times, the employer alleges that he has counted the hours already.

Another way to reduce overtime pay is to not compensate employees who do additional work offsite. If an hourly employee punches a time clock but works for the company before clocking in or after clocking out, the employer must compensate the worker for the extra time.

Many employers miscalculate overtime or do not pay the time-and-a-half overtime pay that is required for hourly employees. This especially happens with field service workers. Even if the miscalculation is a genuine mistake, it is still considered unlawful under The Fair Labor Standards Act.

An employer can, in fact, require an employee to work overtime. However, it is not legal for an employer to not pay overtime wages or pay later in reference to your work contract. Legally, the employer must pay every employee for every hour worked, regardless of the employer’s satisfaction with the employee’s performance.

If you feel you are due overtime pay, the first step is to discuss the matter with your employer. If the matter is not resolved to your satisfaction, you can file a wage claim with the California labor department. If your employer wrongfully withheld overtime pay, the company may be required to pay more than the unpaid balance.

Find an Attorney for California Overtime Violations

If you believe that you have been denied overtime pay you earned or are considering filing a claim, your next step should be to speak with an experienced employment attorney. The attorneys at Larian Law Firm, have successfully helped people get the back pay they are entitled to.

Contact us today at (310) 720-0505 schedule an online appointment for a free no obligation consultation with an experienced employment attorney today.

Larian Law is here to help you.

Legal issues can be very complex and sometimes intimidating. When you are facing an important legal matter you should consult a knowledgeable and thoughtful attorney you can count on to stand by you, help you navigate the complex legal issues and get you the best result. We are that firm.

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