Information About Getting Paid Overtime in California?
Rules about overtime pay in California can be highly complicated. California laws use legal terms such as exempt, non-exempt, time and a half, double pay, and more. But implementing these terms is sometimes vague, and whether you’re an hourly employee or a manager, you could be losing out on money you’re rightfully owed.
For example, simply because you’re an employee paid by the hour does not always mean you are entitled to overtime. On the other hand, if you’re a salaried employee, it doesn’t necessarily mean you are not entitled to overtime.
A common issue that helps to confuse overtime rules is whether you regularly supervise two or more people at least 51% of the time at work. Your employer’s reasonable expectation of your job is also a consideration when determining whether you are entitled to overtime.
Job titles alone are not always accurate in determining whether you are entitled to overtime. Also, crucial issues may arise if your employer isn’t aware that you are working overtime or specifically instructs you not to work overtime.
So, in the end, although you feel you are entitled to overtime pay or a manager questioning the issue, the laws are highly legally complex, and to navigate the problem correctly, you must have professional, knowledgeable, and empathetic advice and guidance from a California employment lawyer.
Are There Valid Exemptions in California To Me Getting Overtime From My Employer?
It’s not uncommon for many California employees to ask, “What happens when my employer doesn’t pay me overtime?” First, if the legal circumstances are right, and you don’t get the overtime you should, under state (and federal) law, you may be entitled to recover the unpaid wages and the interest they have earned. Some employees file a claim with the California Labor Commissioner’s Office, but many times, you must pursue legal action.
That said, many employees may not know what exemptions pertain to their overtime situation; this issue always causes extreme confusion for California employees and employers alike.
California has many overtime state (and federal) laws based on the specific types and fields of work, but the number of hours you work is critical. For example, in most professions, if you work more than 8 hours in one day, you usually would be paid time and half your hourly rate. Additionally, you are paid one and a half times in many occupations if you work more than 40 hours in a workweek.
Some of the more common exemptions that pertain to your overtime pay are:
- An executive exemption—Most executive positions that are exempt receive at least two times the minimum wage as a salary for their full-time employment. This is commonly known as the minimum salary level test. Their jobs are almost all management-related, either of a department or the company itself.
- The Learned Professional Exemption – Professionals are employees whose work requires specialized knowledge, usually in a professional field or specific learning acquired by a particular course of specialized instruction. These professions include law, medicine, dentistry, engineering, and more.
- Administrative Exemption – Administrative professionals are those with the primary duty of performing non-manual or intellectual work. This work is commonly related to the management or business operations of the employer.
The above are only a few exemptions in both state and federal law. If you want to be sure that your profession or work is exempt, you must seek the qualified and knowledgeable advice of a California employment lawyer.
How Can I Be Sure I Have a Valid Overtime Claim?
In California, most non-exempt employees are entitled to overtime pay. However, most employees do not know that even if you are classified as exempt, under certain legal circumstances, you may still be entitled to overtime pay.
Many employers misclassify (either by accident or with intent) employees as exempt to avoid paying them their due overtime pay. So, you must be aware that if you believe you have been misclassified as an exempt employee, you must contact an experienced employment lawyer as soon as possible; you could be losing thousands of dollars and not even be aware of it.
You must also note that your employer can be liable for unpaid overtime wages and additional penalties for failing to pay the required overtime wages.
As stated, these laws are complex, and if you think you may be owed unpaid wages, you need direct and correct legal answers. Employees are often shocked to know they are owed thousands in back pay.
Your skilled, thorough, and compassionate employment lawyer will help you file a wage claim with the California Labor Commissioner’s Office and get you the money you deserve.
Additionally, you may find out that other employees fall under the same rules, and your lawyer can help them all file a class action against your employer if they’ve also been denied the wages they earned.
So, What Can I Do If I’m Working Overtime and Not Getting Fairly Paid?
Receiving overtime pay is a valuable right afforded to workers in California. It’s important to note that every minute of work, including pre-shift or post-shift duties, must be fairly compensated under California law. No matter your job type, time and effort matter; the law ensures you’re paid what you’ve earned.
Accordingly, detailed and accurate documentation is essential in any dispute involving unpaid wages, whether you file a complaint with the state or pursue a lawsuit.
First, keep a detailed record of all hours worked, including overtime hours, the dates involved, and any communication, texts, emails, or memos regarding your pay.
All this information will be invaluable when drafting and proving your case in court.
If your company provides pay stubs, review them carefully for discrepancies. Missing or incorrect information, such as hours or days worked, can be a significant sign that your employer is not properly compensating you for your overtime.
As stated, a common tactic employers use to deny overtime pay is misclassifying employees as exempt from overtime rules. However, legally dealing with and proving misclassification is a complex legal issue. However, a thorough and diligent employment lawyer will know exactly what to do to help you determine whether you are correctly classified and entitled to possibly thousands of dollars in overtime compensation.
Of course, it’s always best to address the situation with your employer first. However, if your employer refuses to address these serious concerns, you and your employment lawyer can file a wage claim with the California Division of Labor Standards Enforcement (DLSE). This agency handles overtime and unpaid wage claims and can get your case going.
This process can be daunting and involves submitting detailed evidence of your unpaid hours and usually attending a hearing to present your case.
However, although filing a complaint (and litigating if needed) can be time-consuming and complex, it can be a highly effective way to recover unpaid wages.
But never attempt to travel this path alone. Consulting with a passionate and well-versed California employment lawyer before filing a claim can help ensure you navigate the process correctly and maximize your chances of success.
I Feel I’ve Not Been Paid the Overtime I’ve Earned; How Should I Proceed?
Whether you’re an hourly or salaried employee, dealing with overtime issues at work can get complicated as there are myriad rules and regulations to consider.
The employment lawyers at Lemburg & Castro Law have the acumen and expertise to successfully help you get what you deserve if you have not been fully compensated for your time.
Lirina Lemburg has a long and successful history of helping California clients approach their unique cases with the individual and passionate attention they deserve. Call her today at (213) 583-5737 for a consultation on your employment or overtime case, and she will provide you with the direct, concise, and straightforward legal advice and options you need and tirelessly help you get the compensation you deserve.
