Regular Rate of Pay Claims

Regular Rate of Pay Claims

At the Setareh Law Group, we are committed to protecting the rights of hardworking workers and their families.  Since 1999, we have dedicated our practice to representing workers in every industry against employers who do not comply with California and federal labor laws.  We have a long history of successfully pursing major corporations from the outset of each case all the way through settlement or jury trial.

We vigorously advocate for our clients through a comprehensive process starting with the intake process.  Every case is reviewed by one of our experienced attorneys who is able to make a determination as to how we may proceed with your case.  We will discuss with you your legal claims and develop a strategy for achieving your goals.  From the day your case is filed, all the way through settlement or jury trial, we will not give up until there is a resolution on your case.

In California, non-exempt employees are entitled to be paid overtime if they work more than 8 hours in a workday; and to be paid double time if they work more than 12 hours in a workday.  The overtime and double time rate must be calculated based on the “regular rate of pay” which takes into consideration all other forms of compensation paid to the employee during the same workweek.  For example, Alice is paid at the rate of $20 per hour.  She works 10 hours on Monday.  She also earned $100 in commissions.  Many employers only calculate the overtime rate based on the hourly rate and calculate the overtime rate to be $30 per hour (overtime rate 1.5 times $20 equals $30).  But since Alice was paid commissions, her “regular rate of pay” is calculated by adding her total compensation, in this case, $20 multiplied by 10 hours equals $200.  $200 plus $100 in commissions equals $300.  The regular rate is determined by dividing the total compensation $300 by total hours worked 10 which equals $30 then dividing this by two equals $15.  Since Alice worked 2 overtime hours, she is entitled to be paid an additional $15 on top of the $20 for a total of $35 overtime rate, not $30.

When pursuing a claim for regular rate of pay claims, it is important to select attorneys who have the necessary knowledge and experience to handle these kinds of cases.  Regular rate of pay claims are difficult to handle alone especially when you may not know how it is determined and how the law applies to your case.

Setareh Law Group has represented clients in cases involving regular rate of pay claims filed throughout California.  We are aggressive and relentless trial and appellate lawyers with one singular focus — to achieve the best possible results for our deserving clients.