OVERTIME UNPAID WAGES
OVERTIME & UNPAID WAGE DISPUTES IN SOUTHERN CALIFORNIA
INTERESTED IN FILING A WAGE OR OVERTIME CLAIM?
State and federal employment laws establish a number of wage requirements with which employers must fully comply. From minimum wage standards to overtime wage requirements, employers must comply with relevant laws when paying their employees for their services. When employers fail to do so, employees have the right to file claims that dispute an employer’s actions and the amount of wages received.
At Diefer Law Group, P.C., our Southern California employment attorneys can help you understand:
- Your employee rights
- The wages to which you are entitled
- How we can guide you through the wage dispute process
TYPES OF WAGE OR OVERTIME DISPUTES
If you wish to file a wage or overtime claim, allow a member of our legal team to clarify all the laws that apply to your case! Both state and federal laws outline wage and overtime requirements for nonexempt, or hourly, employees. We have outlined a few important factors regarding wages and overtime.
- As of January 2013, the current minimum wage in California is $8.00 per hour.
- If you are a part-time worker, you should be given a 30-minute, unpaid meal period for every 5 hours worked in a day. You must also be authorized to take a 10-minute paid rest break for every 4 hours worked in a day. If you are a full-time worker, you should be given an hour’s lunch break each day.
OVERTIME FOR HOURLY EMPLOYEES
- In California, hourly employees are entitled to overtime pay that equates to 1.5 times their regular hourly rate for all hours worked in excess of 8 in a day and for all hours worked in excess of 40 in a workweek.
- When an employee works in excess of 12 hours in 1 day, they must be compensated at a rate of twice their regular hourly rate.
- When employers attempt to intentionally misclassify employees as salaried employees to avoid paying them overtime wages, they can be held fully accountable for their wage violations.
- Employers can be held liable for wage violations against salaried workers, including unpaid leave or time off, when applicable.
- Exempt employees from overtime pay include independent contractors, some professionals, executives and administrators.
- Other exempt individuals include outside traveling salespeople, some government employees and personal attendants.
- California laws allow you to collect overtime pay for work that you performed up to three years before you filed a formal complaint against your employer.
- If you file a claim with the Labor Commissioner or the court, your employer cannot retaliate against you (or fire, demote or suspend you). For more information see “Employer Retaliation.”