Unpaid Overtime Los Angeles & California
California Overtime Attorney: Protecting workers’ rights and recovering unpaid overtime throughout California.
Has your employer refused to pay you overtime?
If your employer has refused to pay you overtime, we may be able to assist you in calculating and recovering these unpaid wages. If you have questions concerning unpaid overtime, we invite you to contact our offices today on 800-805-4002 in order to schedule a free initial consultation with a California overtime attorney.
Am I entitled to overtime pay?
If you are paid an hourly wage, a piece rate, or a salary, you may be entitled to overtime pay. Generally speaking (subject to various exceptions) non-exempt* California employees are entitled to receive overtime pay.
*The laws regarding overtime exemptions are complex. If you have concerns regarding overtime exemptions, you are advised to seek legal advice from an employment attorney as soon as possible.
How much overtime pay am I entitled to?
Under both federal and California state law, overtime is calculated as a “multiple” of an employees’ regular rate of pay. The applicable multiplier will vary dependent upon the number or hours or days worked.
You may be entitled to one and a half times (x 1.5) your regular rate of pay if you worked:
- Over 40 hours in one workweek;
- More than 8 hours in one workday; or
- Less than 8 hours on a consecutive 7 day workweek.
You may be entitled to double (x 2) your regular rate of pay if you worked:
- More than 12 hours in one workday; or
- More than 8 hours on a consecutive 7 day workweek.
California state law and federal law define “workweek” as seven consecutive days beginning with the same calendar day each week.
Generally speaking, which employees are “exempt” from receiving overtime pay?
California employees who are classified as “exempt” under the relevant laws, are not entitled to receive overtime pay.
Without entering into an extensive discussion or compiling an exhaustive list concerning the applicable overtime exemptions, generally speaking “exempt” employees are often those with:
- Extensive responsibilities at their workplace;
- Authority to make decisions that influence the manner in which the business is run; and
- Discretion as to the manner in which they carry out their work.
The classification of employees is a complex area and requires careful consideration of your individual circumstances. You are advised to consult an employment lawyer on such matters.
Which other employees may not be entitled to overtime pay?
Other exceptions exist which may affect an employee’s entitlement to overtime pay. For example, union members may be subject to a collective bargaining agreement, with express terms stating that union members are not entitled to overtime pay.
Which industries are most commonly affected by unpaid overtime violations?
There are many industries in California where workforces are routinely not paid the overtime to which they are legally entitled. In Los Angeles, for example, it is very common for workers in the following industries to have been subjected to overtime violations:
- Factory workers (such as garment workers);
- Car Wash workers (washing and detailing cars);
- Restaurant workers (working in the kitchen); and
- Domestic house workers (such as maids, or live-in nannies).
As discussed above, extensive federal and state exemptions exist which may place employees outside the scope of overtime entitlements. Such exemptions require careful analysis and you are advised to consult with an employment lawyer on such matters. We invite you to contact us on 800-805-4002 in order to schedule a free initial consultation with a California employee rights attorney.
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