Los Angeles Employment Attorneys Representing Unpaid Wage and Overtime Disputes across California.
As a result of the economic downturn over the past few years employers are increasingly denying their employers their rights to overtime pay. California and Federal employment laws provide protection against the unlawful withholding of overtime wages. If you have been wrongly denied your overtime pay contact the employment law attorneys at the Joseph Farzam Law Firm.
Other violation of labor pay laws may include:
- Forcing an employee to work off the clock;
- Paying the regular hourly pay during the time an employee is working overtime;
- Deduction of overtime pay from bonuses that have been previously agreed too.
Experienced Employment Law Legal Representation:
Our lawyers possess decades of knowledge, dedication and experience in taking on some of the largest employers in the state of California. We have amassed tens of millions of dollars in verdicts and settlements for workers wronged by the companies they work for.
Federal and California Overtime Pay Laws and Statutes:
California overtime pay laws are more employee friendly than the majority of states in the nation. There are massive penalties and legal repercussion for a business owner who incorrectly or wrongfully withholds overtime pay wages from a worker. Under California state wage laws, full time, part time, salaries and wage based employees have a statutory right to receive overtime pay. In the state, you are entitled to overtime if you work in excess of (1) more than 40 hours per week, (2) more than 8 hours per day (3) or 7 days in a row.
Federal Overtime Pay Laws: Under Federal Fair Labor Standards Act, non-exempt employees must receive overtime pay for hours worked in excess of 40 in a week. The rate of overtime pay cannot be less than 1.5 (one and a half) of their established normal pay. The FLSA pay statutes do not require overtime pay for work on the weekends (Saturdays and Sundays as well as holidays), unless the hours worked on those days amass to more than 40 hours.
How do I found out if I am exempt from overtime pay?
Many workers wrongly believe that they are exempt from receiving overtime pay for the work they have performed. In many instances, employers provide misleading information to their workers stating they are not allowed by law to receive overtime pay for their work.
Exemption from Overtime by California and Federal Laws
There are five general exemptions to overtime pay.
- The Executive Exemption: Employees with managerial duties in the workplace; including workers who oversee other workers on the business, direct work of two or more employees, or have general discretion over the performance of their duties as an employee.
- Administrative Exemption
- Professional Exemption
- Outside Sale Exemption
- Technology and Computer Worker Exemption
How to file an overtime pay dispute against your employer
If your overtime pay claim is over $7,500 you will need to file a claim with your local California Superior Court. In such instances, it is to your benefit to hire a labor law attorney to represent you in court, as they will have the knowledge and experience to take on your employers. Before taking any action, it is always wise to consult with a labor and employment law attorney regarding these matters. An attorney will be able to assess your legal issues and provide you with the best legal course of action so you can be fully compensated.
Retaliatory termination or demotion for filing an overtime claim
California is a general “at will” employment state; meaning that employers are able to terminate an employment in most occasions. However under California laws, employers may not wrongfully terminate an employee for filing an unpaid overtime claim. Doing so will lead to drastic legal and financial losses for the company.
California Overtime Pay Attorneys will fight for your right to compensation
The Joseph Farzam Law Firm has helped numerous unpaid overtime pay victims throughout Los Angeles and surrounding areas. At the Joseph Farzam Law Firm, we understand how violated unpaid wages victims feel, which is why we strive to offer all of our clients compassionate, yet reliable legal counsel and direction.