Overtime

In California, employees are entitled to increased pay for any overtime hours they work. Sometimes employers may try to deny this payment to their employees by either misclassifying their workers as independent contractors or otherwise claiming an exemption that does not apply. If you’ve been denied overtime pay that is due to you, it is important to contact an Orange County overtime attorney who can make sure you receive the compensation you’re entitled to. At the Serendib Law Firm, we fight for employees’ rights, including their right to proper payment for their time. If you need legal assistance making a claim for unpaid overtime, please contact our office today to learn more about your options.

Both federal and state law give employees the right to overtime pay when they have earned it. Under California law, employees who work more than 40 hours a week or more than 8 hours a day must be paid one and a half times their regular rate for the overtime hours. Employees are entitled to double their normal rate if they work more than 12 hours in one workday. Under Federal law, employees who work more than 40 hours a week are likewise entitled to overtime pay.

However, in California, employees in a work unit can agree to an alternative work schedule (AWS), which structures their workweek differently than the normal eight-hour days. Under an AWS, employees have longer workdays with shorter workweeks, and different rights to overtime pay. The employees who work AWS and 10-hour periods over a four-day week are not entitled to overtime pay. If you have questions about what pay you are entitled to, a knowledgeable Orange County overtime lawyer at the Serendib Law Firm can help you with that assessment.

There are some workers who are not entitled to receive overtime pay. Those who operate as independent contractors are one type. Sometimes an employer will try to deny paying overtime to employees by misclassifying them as such. Under California law, however, the burden is on the employer to specifically prove a worker is an independent contractor. Unless that is shown, workers are automatically considered and classified as employees.

Another type of employees who do not qualify to receive overtime pay are salaried employees, often referred to as ‘white collar’ workers. If they meet certain criteria, they are not subject to certain wage and hour laws. To be exempt, fifty percent or more of these employees’ duties are of an executive, administrative, or professional nature. Additionally, these employees have general discretionary control and are allowed to exercise their own judgment over their work responsibilities. Employees who do not have a right to overtime compensation also must earn salaries equal to at least twice the California minimum wage for a 40-hour workweek. Employees who are unsure of whether or not their roles are covered under this exemption should seek the advisement of an experienced Orange County employment law attorney who can determine if they are being accurately classified by their employer.

Some commonly exempt job titles include software designers, doctors, private school teachers, as well as government employees and salespeople whose pay is commission-based. However, the laws that govern what employees are covered within the exempt categories is very complex, and often workers will wrongly believe that their roles fall within the exemptions. Much of this belief can stem from employers who mislead their employees in order to avoid proper payment. When employers act unethically, and unlawfully, in denying their workers proper payment for the work they do, they should be held accountable.

The Serendib Law Firm is dedicated to making sure our clients are correctly compensated for their work, which includes overtime pay. If you have an employment-related legal matter, our overtime lawyers can help, representing employees not only in Orange County, but throughout Southern California including Los Angeles, San Bernardino, and Riverside Counties. Please contact our office at 1-800-LAW-8225 (800-529-8825) or online to find out more about our legal services.