Southern California Wage & Hours Claims Attorney | Los Angeles Overtime Law Lawyer

Southern California Wage & Hour Lawyer

Los Angeles · Beverly Hills · Orange County

California Overtime Pay

Overtime pay laws protect employees from being forced to work extensive hours without additional compensation. But the state and federal regulations of overtime are complex and often confusing, and employers (especially multi-state corporations) often misclassify employees, intentionally or accidentally, to avoid paying overtime wages. Common issues in overtime cases include the following:

Exemptions: Certain types of employees are legally 'exempt' from overtime laws and therefore do not receive overtime pay. However, employers often misclassify employees as exempt, when in fact they do not meet the legal test for any exemption. If you have been denied overtime because your employer said you were exempt, please contact our wage and hour attorneys as soon as possible; we can help determine if you are entitled to receive compensation for lost overtime wages.

Independent Contractors: Employers often try to avoid paying overtime by classifying workers as 'independent contractors' rather than employees. But many workers who are labeled as 'independent contractors' by their employers are actually entitled to receive overtime compensation. The legal distinction between employees and independent contractors depends on the extent to which the employer dictates the terms and conditions of the job. Simply calling an employee an independent contractor does not excuse the employer from paying overtime. If you have been denied overtime pay because your employer said you were an independent contractor, please call us for an evaluation of your case.

Specific Industries and Occupations: California also has separate overtime pay rules for employees in specific industries. For example, this occurs in the computer software industry and also in respect to employees who work on commission, such as stock brokers.Computer programmers must earn more than $47.81 per hour in order to be exempt from overtime pay.Commissioned employees and salaried employees may qualify for overtime pay if they meet certain conditions.

Other Violations: In addition to overtime payment issues, California employers are often guilty of other wage and hour violations such as neglecting to reimburse employees for business expenses, pay deductions for everything from bonuses and uniforms to uncollected fees or shortages, and failing to pay for non-commute travel time or unrecorded hours employers may be required by law to pay their employees.

If you have questions about overtime pay, contact an employment attorney at the Rubin Law Corporation of Los Angeles and Beverly Hills today by calling us at 310.385.0777 to schedule a consultation.

Collecting Unpaid Wages, Overtime, and Penalties

Employees in California have several choices when considering how to collect unpaid wages, overtime compensation, and related penalties:

Negotiation

One of the most effective approaches is to negotiate directly with the employer. Informal negotiation is often the fastest way to settle wage and hour claims. Negotiating your claim can enable you to recover fair compensation while avoiding the risks, delays, and costs involved in administrative or court proceedings. The attorneys at The Rubin Law Corporation can represent you in the negotiation process to help you get the money you deserve.

Filing a claim with the Labor Commission

Wage and hour disputes can also be handled by filing a claim with the California Department of Industrial Relations - Division of Labor Standards Enforcement, also known as the 'Labor Commission.' The Labor Commission claim process is less formal than a lawsuit, and may have advantages over going to court; for example, the resolution of some types of cases will be faster than in court, and the commissioners are generally more familiar with the legal issues involved in wage claims than the typical judge in court. But the Labor Commission has limited authority, cannot handle claims under federal law, and may not be appropriate if you have other legal claims against your employer in addition to wage and hour claims. The attorneys at The Rubin Law Corporation can help you decide whether a Labor Commission claim is appropriate in your case.

Filing a claim in court

Wage and hour claims can also be filed in regular courts. In some cases a lawsuit filed in court may be preferable to a Labor Commission claim. One situation where going to court is preferable is when the claim includes more than three years of unpaid overtime; the Labor Commission will only handle claims going back a maximum of three years, but other legal provisions allow a suit in court to recover damages going back up to four years. Another case where court may be preferable to the Labor Commission is when the claim includes overtime wages; the Labor Commission will not enforce the federal law authorizing liquidated damages for overtime claims, but courts can assess these damages. Also, if you have other legal claims against your employer, it may be most efficient to include your wage and hour claims in the same lawsuit. The lawyers at The Rubin Law Corporation can help you assess your individual situation to decide how to proceed.

Contact the Rubin Law Corporation of Los Angeles and Beverly Hills today by calling us at 310.385.0777 or you can schedule a consultation via email.

Overtime

Most employees are entitled to overtime compensation of one and one-half times their regular hourly pay rate for work in excess of 8 hours per day or 40 hours per week. (Additional compensation may be required for employees who work more than 12 hours in a day, or work on seven consecutive days.)

Under California law, workers who have been wrongly denied overtime pay are entitled to recover the unpaid overtime wages due, plus attorneys' fees, costs, and interest. Federal law also permits workers to recover additional 'liquidated damages' equal to the amount of overtime wages owed. If you have not been paid for working overtime, contact the attorneys at The Rubin Law Corporation. We can help you determine what you are owed, and can assist you in recovering the compensation you deserve.

Exemptions

Some employees are 'exempt' from the overtime laws based on the type of work they perform. Exempt employees do not receive additional pay for overtime work. However, the exemption requirements are difficult to interpret; employers often mistakenly classify employees as exempt when in fact the employees do not fit the legal requirements for any exemption. It is important to remember that each exemption must be analyzed individually; workers who share the same job title or job description will not necessarily have the same exemption status, because their actual duties may be different. If you are an employee seeking to recover unpaid overtime, the lawyers at The Rubin Law Corporation can help you understand whether an exemption properly applies in your situation.

Employees vs. Independent Contractors

The wage and hour laws that protect employees do not apply to 'independent contractors.' Many employers therefore call their workers independent contractors in order to avoid paying overtime. But for legal purposes, what the employer says does not determine whether a worker is an independent contractor or an employee. Rather, the actual terms and conditions of employment determine whether a worker is a regular employee or an independent contractor. Generally, the more control that the employer has over when, where, and how work is performed, the more likely the worker will be considered an employee.

Whether a worker is an employee or an independent contractor can be a difficult issue to analyze correctly, and some employers who are trying to comply with the law may simply get it wrong. If you have been denied overtime because your employer says you are an independent contractor, contact an employment lawyer at The Rubin Law Corporation. We can help you decide whether you are owed overtime and how to collect.

Industry-Specific Rules

California's wage and hour laws are regulated by a complicated set of rules that apply differently to particular occupations and industries. For example, some regulations apply to most 'commercial drivers' but not taxicab drivers, and computer programmers may be subject to different rules than computer network analysts. Our attorneys can help you understand the particular rules that apply to your industry and occupation. Many people believe only low paid laborers or service workers have claims for unpaid wages, overtime or commissions. Not true! Here are some examples of occupations where you may have a large claim for unpaid overtime:

Are you or were you a computer programmer, software designer, network analyst, computer engineer, or other type of computer specialist or computer software worker working more than eight hours per day or forty hours per week, and not being paid overtime?
Are you or were you a nurse (who is not a certified midwife or practitioner) paid hourly or salary working over 8 hours per day or 40 hours per week without being paid overtime?
Are you or have you been an ambulance driver or emergency medical technician working more than 8 hours per day or 40 hours per week not paid overtime?
Are you a commission salesperson such as a mortgage broker, stockbroker, bank or home loan employee, or insurance salesperson who has been wrongly classified as exempt when in fact you are entitled to overtime?
Are you a 'manager' or 'assistant manager' in a restaurant, clothing store, or other retail establishment who spends less than half your time managing and who has been misclassified as 'exempt' when in fact you are entitled to overtime pay?
Are you a limo driver or other driver who is not being paid for hours worked or for overtime hours worked?

On-Call Wages

On-call time can be a double-edged sword. On one side it can imply you are considered an important resource, on the other the feeling of always being on a short leash outside of normal work hours can build-up resentment. While some employers may pay hourly or flat rate on-call premiums (sleeper pay) to workers who agree to be available outside regular work time, many do not and disputes can arise.

Wage disputes usually come down to the definition of control and use of time while on-call. For example: You are a customer services representative on-call to answer questions only, but are otherwise free to control your time. Your employer may only need to pay for the time spent handling an actual call. However, if you are a crisis counselor required to be available on-demand constraining your control over your free time, you may be entitled to compensation for all of your on-call time.

On call wage issues can become complex. Whether you are an employee paid a split-rate wage that may not be compliant with minimum amounts required under wage and hour regulations, or you are an exempt employee paid an on-call premium that can change your exempt status and thus your past and future overtime pay, we have the experience you need to ensure a fair wage. Contact the lawyers at The Rubin Law Corporation for help assessing your situation and how to proceed.

Prevailing Wage

Under California's Labor Code, certain private employers who are awarded public works contracts from government bodies are required to pay their employees a "prevailing wage." A prevailing wage is a minimum wage set by the Department of Industrial Relations that public works employees in similar industries and locales are paid for their work on such projects. Employers who fail to pay their employees this prevailing wage must not only compensate them for any underpayment but are also subject to significant penalties and fines.

The Rubin Law Corporation is currently involved in a prevailing wage lawsuit representing construction workers employed by a subcontractor for a major construction project. By law, the company was required to pay each of our clients a prevailing wage based on predetermined amounts set by the Department of Industrial Relations. The lawsuit sets forth claims of gross underpayment and damages for other wage and hour issues including working long hours and weeks without overtime pay and timely meal and rest periods.

Contact Our Southern California Law Office Today

Have you been paid less than the prevailing wage by a private employer awarded a public contract, because of on-call expectations or demands, or due to misclassified exempt status and other matters? Contact The Rubin Law Corporation of Los Angeles and Beverly Hills today by calling us at 310.385.0777 or you can schedule a consultation via email.

Wage & Hour - California Overtime Pay