Overtime Pay Attorney in Los Angeles
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California overtime laws provide that employees must be paid overtime, whether for authorized or unauthorized overtime hours, at the following rates: (1) one and one half (1.5) times an employee's regular rate of pay for hours worked over eight (8) in a workday or over forty (40) hours in a work week; and (2) two (2) times an employee's regular rate of pay for hours worked over twelve (12) hours in a workday, or for hours worked over eight (8) hours on the seventh day of the workweek.
The law also provides that the computation of overtime rate should not be based solely on the hourly rate of the employee. Payment of overtime should consider night shift differential, non-discretionary bonuses, commissions and other non-discretionary allowances and compensation. If your employer gives you overtime wage but only computes them based on your salary or wage alone, then your employer is clearly in contravention of California employment laws and you can definitely file a lawsuit against your employer to recover back overtime compensation and other damages.
There are a lot of workers in California that are not paid overtime illegally. Sometimes employers misclassify their employees as exempt from overtime pay even though it is obvious that they are rank and file employees who deserve to be paid overtime compensation and benefits for working above and beyond their standard work hours.
If you really want to make sure that you get your full wage, to include overtime pay, seek help only from MELG Law Firm’s expert Los Angeles Overtime Pay Violations lawyers who are very successful in representing all employee victims of non-payment of overtime compensation for over two decades now. As of date, we have already obtained hundreds of millions in award of damages for employment and labor law violations.
Call Us Now at (866) 500-4848 and we will make sure our experience and success work for you, to your employer’s regret.
What to do in Case of Overtime Pay Violation at Work?
In order to know how much is your overtime pay, you need to know first the basis for your regular rate of pay. The regular rate of pay includes your hourly earnings, salary, piecework earnings, and commissions.
In California, the overtime rate of an employee is 1 ½ x the hours in excess of your 8 hour compensation in one day’s work. Hence, if you work for more than 8 hours a day and more than 40 hours in a week, your employer is mandated by law to provide you with overtime pay. If your employer fails or refuses to grant you overtime pay, you have a right to seek damages and unpaid overtime from your employer.
Are You Entitled to Overtime Pay Though Without Authority From Your Employer?
Yes, California law requires that employers pay overtime, whether authorized or not. California's wage and hour laws require that the employee be compensated for any hours he or she is "suffered or permitted to work, whether or not required to do so." California case law holds that "suffer or permit" means work the employer knew or should have known about. Hence, so long as your employer had knowledge of your overtime, he is bound to pay you overtime despite not authorizing said overtime.
However, your employer is not expected to pay you overtime just because you want to. If your overtime is unauthorized, your employer needs to pay you overtime but he can also discipline you for violating your employment protocols.
How to Claim Unpaid Overtime Pay?
If you think you are not being given the correct overtime pay or if you are being withheld your overtime pay by your employer, you have a right to claim your back pay and other damages. However, knowing that you have a right and actually pursuing that right are two different matters altogether. You should never claim your compensation on your own because you don’t have the technical and legal skills to do so. Just leave your worries to the legal experts like MELG Law Firm’s top employment lawyers in California who are willing to fight for your rights regardless of the actual value of your claims.
Under the law, there should be a distinction between mandated bonus and bonus that are discretionary on the part of the employer. If you and your co-employees are receiving bonuses on a yearly basis and this becomes part of your right, then said bonuses form part of your compensation and hence, should be included in the computation of your salary rate for overtime pay purposes. However, if bonuses are discretionary on the part of your employer, i.e. it is given only on certain occasions and depending on certain circumstance, then it is not given as a matter of right and, accordingly, is not part of your regular rate.