Experienced San Diego Unpaid Overtime Attorney Ready To Help You
Also Serving Solana Beach and Representing Clients Across California, Including LA County, Palm Springs, Indio, Lancaster, and More
Working overtime is a source of livelihood for many Americans. Unfortunately, that extra work is not always properly compensated. All too often, employers try to exploit their employees by withholding or refusing to pay for overtime hours worked. You don’t have to submit to this kind of exploitation, and you shouldn’t. The John W. Dalton Law Office can help you recover every penny your hard work is worth under federal overtime pay law and California overtime pay law. John Dalton is a former CIA officer and he has over 25 years of experience as a lawyer. You are in good hands with him.
If your employer owes you for overtime hours you worked, contact a San Diego unpaid overtime lawyer immediately to get the money you are owed as soon as possible. Call 858-720-8422 today!
Employees’ Legal Rights to Overtime Pay
Fortunately, there are several laws that protect employees against this kind of exploitation: the Fair Labor Standards Act (FLSA) and state labor laws. In California, the state’s labor laws are very similar to the FLSA. However, California law does provide some additional rights to workers in the state compared to the FLSA.
What Is the FLSA?
The FLSA is a federal law establishing broad minimum rights for employees in the United States, including:
- A federal minimum wage;
- The right to overtime pay for hours worked over 40 per workweek for non-FLSA-exempt workers;
- Employer recordkeeping requirements; and
- Provisions against child labor.
For many employees, the overtime sections of the FLSA are the most important. In general, covered nonexempt employees must receive overtime pay equal to at least one and one-half times their regular rate of pay (often called “time and a half”).
How Do I Know If I’m FLSA Exempt or Exempt Under California Overtime Law?
An employee’s status as exempt or nonexempt depends on their eligibility under the FLSA. In general, the FLSA does not apply to employees who receive a salary rather than hourly wages, so long as their salary exceeds a certain threshold. As a result, these employees are classified as “FLSA exempt.” There are exceptions, however. Under California labor laws, for example, exempt or nonexempt status is not determined by salary alone; rather, an employee is classified based on whether or not they fall within an exemption in California law.
On the other hand, employees who receive an hourly wage or do not meet the minimum salary threshold to be classified as exempt are covered by the FLSA and classified as “nonexempt.” Keep in mind, however, that state laws may affect your status.
Often, employees are exempt from receiving overtime pay in California if they work certain jobs in:
- Professional capacities,
- Executive capacities,
- Administrative capacities,
- Computer software,
- State government,
- Outside sales,
- Businesses owned by their immediate families,
- National service programs,
- Regulated driving,
- Taxicab driving,
- Airline services,
- Commercial fishing,
- Motion pictures, or
Accordingly, it is important to speak with a San Diego unpaid overtime lawyer if you’re unsure about your exempt status.
What Are California’s Overtime Pay Laws?
In many cases, you’re probably going to have more rights and recover more pay under California’s overtime pay laws, compared to the FLSA. Under California law, a non-exempt employee is normally entitled to overtime pay if:
- They work more than eight hours in a workday;
- They work more than 40 hours in a workweek; or
- They work more than six days in a workweek.
These state standards are generally more generous than their federal counterparts. However, the best way to maximize your recovery is to speak to a San Diego unpaid overtime attorney.
How Much Should I Get for Working Overtime?
Standard overtime under federal and California law is basically the same, but the California overtime pay rate can increase with the amount of overtime hours you work.
Standard Overtime Pay Under Federal and California Law
The exact dollar amount you receive for overtime hours worked depends on your base rate of pay. This is because, under the FLSA and California’s standard overtime laws, standard overtime is paid at a rate equal to one-and-a-half times your base hourly wage. Although there are many “time and a half” calculators out there, it’s fairly easy to calculate your gross overtime pay yourself.
How to Calculate Time and a Half
To calculate your time and a half overtime pay, simply multiply your standard hourly rate by 1.5, then multiply that by the number of overtime hours worked. Overtime also includes fractions of hours. For example, let’s say you worked 20 overtime hours during the week. If your base pay is $15.00 per hour, your overtime pay under the FLSA would be $22.50 per hour. Accordingly, your gross overtime wages for that week would be $450.00, or $22.50 × 20 overtime hours worked. Alternatively, there are many free overtime calculators available online.
Increased Overtime Pay Under California Law
If a California employee works more than 12 hours in a workday or more than eight hours on their seventh, consecutive workday, they are entitled to double their rate of pay for overtime hours. San Diego unpaid overtime attorneys can help you determine if this increased rate applies to your case.
Compensation For Unpaid Overtime
If it comes to it, a lawsuit may be the only way to get the compensation your employer owes you. In most cases, you can sue for unpaid overtime you didn’t receive. You can also file a federal complaint with the Wage and Hour Division or a state complaint with the California Labor Commissioner’s Office. The deadlines for wage theft complaints and lawsuits can pass quickly. Because of tight deadlines, it’s important to speak to a knowledgeable San Diego unpaid overtime attorney immediately to get your claims and suits filed on time.
We Have the Experience and Focus to Win You Justice in the Workplace
At the John W. Dalton Law Offices, our experienced lawyer tailors his legal strategy to your specific needs. We take on unscrupulous and careless employers, big and small. We know how to fight for mistreated employees, and we do it well. We also know how to win the remedies our clients deserve for their work and their pain. We want to be here for you in your time of need. You can call us or contact us online for a free consultation.
Tens of Millions of Dollars Recovered for Our Clients
Common Unpaid Overtime Violations
Overtime pay violations affect workers in nearly all jobs. However, there are certain issues that come up over and over again. Usually, workers with long shifts or jobs at odd hours may be most vulnerable to overtime violations. Regardless of your job, you may encounter one of the following overtime violations during your career.
Misclassification as Exempt
As explained above, exempt employees aren’t eligible for overtime pay. If an employee actually is exempt, this isn’t an issue. If an employee should be classified as nonexempt, however, misclassification may lead to an employee working overtime hours without receiving proper compensation for that work.
Although misclassification may be accidental, some employers intentionally misclassify their employees to avoid paying overtime. One of the most common examples is classifying an employee as an “assistant manager.” Because certain executive or managerial positions are FLSA-exempt, promoting an employee to a managerial role allows an employer to stop paying that employee overtime without actually changing that employee’s responsibilities. An experienced California unpaid overtime lawyer can help you determine what is happening, whether your rights are violated, and how to claim what’s yours. Call us today for a free consultation!
Refusing to Properly Count Hours Worked
Any time you spend performing work for your employer is compensable. This is true regardless of where or when that work occurs. Please keep in mind that this general rule may change if you’ve been furloughed or otherwise had your work hours reduced. Please contact an experienced San Diego County unpaid overtime attorney for more information.
Depending on the job, it may be easier or harder for an employer to miscount your hours worked. For example, office workers who clock in and out at regular times from a single location are less likely to have their hours miscounted. Site-based workers, such as in construction, may be more vulnerable to this kind of overtime violation if their employer fails or refuses to track drive time while on the job, even if it’s outside “normal” working hours.
How Can a CA Unpaid Overtime Lawyer Help?
When an employer fails to pay its employees the compensation they’ve earned, it puts those employees in a difficult position. Many workers in the United States rely on timely compensation for overtime to pay their expenses and maintain their livelihood.
In addition, despite legal protection many employees may still face retaliation or discrimination for speaking up. It can be difficult to fully understand your rights as an employee, and hiring an attorney allows you to get help when you need it most.
Is Your Employer Withholding Overtime Wages?
If your employer isn’t paying up, whether intentionally or not, a San Diego unpaid overtime lawyer can help. Attorney John Dalton has been representing employees for years in a variety of employment-related matters. At the John W. Dalton Law Offices, we believe that trust is the most important part of the attorney-client relationship, and as a result, John takes all client calls personally.
For more information on how we can help you with your unpaid overtime, contact our San Diego unpaid overtime attorney today to schedule a free consultation. We also handle clients with other types of employment cases, including sexual misconduct, wrongful discharge, and work discrimination.