Understanding Wage And Overtime Violations
When you work for an employer, you trust that you will be paid correctly. You worked hard for that money and you deserve it. What do you do when your employer simply refuses to pay it?
California has very strict rules in regard to overtime, meal and rest breaks, paid time off (PTO), and other pay and benefit issues, including medical leave.
Common Questions About Pay
We handle a broad range of pay and benefit violation claims. We are able to answer a few common questions that come up regarding pay, overtime, benefits and breaks.
How much is overtime pay?
In California, overtime pay is time and a half if you work more than eight hours in a day. That rate increases to double pay if you work more than 12 hours a day.
When do I get paid my overtime?
You must be paid your overtime in the time period in which it was worked. Your employer cannot put off paying that extra money. If they do, you may have a claim.
Do I get overtime pay?
If you are an hourly employee, you must get overtime pay. If you are salaried or otherwise exempt, you do not receive overtime pay. In some cases, employers will misclassify employees so that the employer does not have to pay overtime.
Do I have to get a lunch break?
Yes, you have to get a half hour break for every four hours worked.
Speak With An Attorney Today
It may be difficult for you to determine whether you have a valid claim, but our attorneys can help you understand your rights and options. We have investigated numerous pay and benefit violation claims and can be your strong advocate throughout this process.
Arrange your free consultation with a lawyer today by sending us an online message, or call our Costa Mesa office at (714) 462-8376. We have extensive experience handling pay and benefit violation claims for clients in Orange County and throughout Southern California.
Orange County Unpaid Overtime Violations Lawyers
California overtime law is pretty clear. You cannot be forced to work beyond your normal hours without pay. You must be paid “time-and-a-half” for any overtime hours.
If you believe you have been cheated out of overtime pay, California Employment Counsel, APC, can intervene. Our experienced attorneys have helped many clients in Orange County and Southern California recover back pay and other compensation for unpaid overtime.
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California Overtime Law
California statute goes beyond federal law and the overtime rules in other states. In California, hourly workers are entitled to overtime pay for:
– Any hours beyond eight (8) hours in one day
– Any hours beyond 40 total hours in a week
– Any hours on a seventh consecutive day of work
Overtime pay is 1.5 times your regular wage. (For example, if your normal wage is $9 per hour, overtime pays $13.50 per hour.) If you work more than 12 hours in one day or more than eight hours on a seventh day, you are entitled to “double time” (twice your normal wage).
What If An Employer Fails To Pay Overtime?
Some employers do not understand the law, and some knowingly avoid paying overtime. Either way, you may have a claim for unpaid overtime if:
- Your employer paid straight time instead of time-and-a-half.
- You were forced to work extra hours off the clock.
- You were forced to clock out during paid breaks.
- Your overtime was incorrectly calculated.
If you were routinely denied overtime pay or shorted in your paychecks, it may add up to thousands of dollars. You may be entitled to back pay, plus interest and penalties, for each pay period in which the employer should have paid you overtime.
Are you misclassified?
Some salaried workers and independent contractors are wrongly classified by employers. We can determine if you are misclassified as exempt from overtime, in which case you could recover retroactive wages.
I wasn’t Paid Overtime – What Can I Do?
California law requires employers to pay overtime to employees who are entitled to it — mostly hourly employees — but sometimes employers break the law. That’s when the help of an experienced attorney may be necessary.
It’s frustrating to be denied the pay you deserve for hours you worked. For many workers, it’s not just the missing money — it’s the disrespect that bothers them. It’s their company thinking it can get away with being unfair.
Getting the Pay You Are Entitled To
At California Employment Counsel, APC, our attorneys fight for the rights of workers. Whenever possible, we get our clients the pay they are entitled to. We have extensive experience on both sides of cases involving pay and benefit violations.
Our firm can answer the questions you may be asking:
- How do we prove that my overtime hours were paid as regular hours?
- What will I get if I win my case? Can I receive punitive damages from my employer?
- Is it worth it to bring a lawsuit against my employer for a relatively small amount of money?
- What if my co-workers have experienced the same overtime pay violations? Does that help my case?
- If I do have a legitimate case, how long will it take to resolve it?
- I’m afraid of losing my job if I complain. What if my employer retaliates against me?
Find Out If You Are Owed Overtime Wages
Our employment lawyers are knowledgeable about pay and benefit violations, including unpaid overtime. We will deal with the employer on your behalf. California Employment Counsel, APC, offers a free consultation and there are no legal fees unless we recover compensation. Contact us online or call (714) 462-8376 or toll free at 866-545-2415.