California Unpaid Overtime Lawyers
Many jobs require people to work long hours or give workers the opportunity to work additional shifts. Both the Fair Labor Standards Act (FLSA) and the California Labor Code impose certain requirements on employers who have people working longer hours. A typical workday is assumed to be eight hours, while a workweek is 40 hours. For additional hours worked in a day or week, employers must pay overtime rates of time-and-a-half the employee’s usual hourly wage.
Despite the clear requirements of overtime laws, many employers skirt around paying the full overtime that employees deserve in several ways. If you believe your employer owes you unpaid overtime, you should not wait to set up a consultation with our California unpaid overtime attorneys at Setareh Law Group.
Overtime Pay Requirements
When an employee is considered to be “non-exempt” under federal and state laws, they deserve overtime rates for hours worked over eight in a day or 40 in a week. For example:
- An employee earns an hourly wage of $20.00
- The employee works 50 hours in a week
- The employee will be paid $20.00 per hour for the first 40 hours worked
- For the additional ten hours, the employee should be compensated $30.00 per hour, which is 1.5 times the usual $20.00 rate
While this may seem straightforward, you would be surprised how many employers deny employees the overtime payments they deserve.
Miscalculation of Hours
Employers often avoid overtime by miscalculating an employee’s hours or not compensating an employee for all hours worked. For instance, many employers fail to properly account for time spent setting up at the beginning of the workday or cleaning up at the end of the workday. Consider the following:
- An employee is required to be ready for work at 8:00 a.m. and finished with work at 4:30 p.m. (with a 30-minute meal break)
- The employee takes 15 minutes to set up each morning prior to work and 15 minutes to clean up after work
- The employer pays the employee for their work for eight hours per day from 8:00 to 4:30
The above situation is a highly common overtime violation. This is because the employer should also be paying the employee for the required 30 minutes of setup and cleanup, which would mean the employee works 8.5 hours per day. The employee should be receiving one-half hour of overtime pay each day.
Misclassification as Exempt
Another common issue occurs when employers misclassify employees as exempt to avoid paying overtime. There are specific requirements under the law for exempt employees, such as a minimum base salary and specific job duties. If your employer misclassified you, the company might owe you a significant amount of unpaid overtime.
Consult with Our California Unpaid Overtime Lawyers Today
If you are concerned about unpaid overtime, contact the Setareh Law Group as soon as possible. Call (877) 777-3774 or contact us online to discuss your situation and options with a member of our skilled legal team.