Overtime Violation Lawyers in Van Nuys
Recover Unpaid Overtime with Our San Fernando Valley Team
California law requires employers to pay most workers overtime for any hours worked over 8 hours per day or 40 hours per week. Employees who work more than 12 hours per day or more than 8 hours on the seventh consecutive day of work are entitled to double time or twice their regular hourly rate. If you have been denied overtime pay, you may be entitled to recover back pay for your employer’s violation of the law.
At Laurel Employment Law, we are committed to helping employees in Van Nuys and the surrounding areas fight for their rights. Our employment lawyers understand state and federal overtime laws, and we know what it takes to build a successful case. We can help you understand your legal options and work to recover the unpaid wages you are owed. If you think your employer is violating overtime laws, we can help you file a wage claim with the California Labor Commissioner’s Office or pursue a class action against your employer. We are also prepared to take your case to court if a fair settlement cannot be reached. You can rely on us to provide the reliable advice and strong advocacy you deserve.
Call our overtime violation lawyers today at (310) 929-6371 or contact us online to schedule a consultation. We are here to help you fight for the justice you deserve.
What Is an Overtime Violation?
An overtime violation occurs when an employer fails to pay a non-exempt employee the required overtime wage.
Some common examples of overtime violations include:
- Forcing an employee to work off the clock.
- Refusing to pay overtime wages.
- Not counting certain hours worked as overtime.
- Misclassifying an employee as exempt from overtime.
- Calculating overtime wages incorrectly.
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How Do I Know if I Have an Overtime Claim?
Most non-exempt employees in California are entitled to overtime pay. However, some employees are exempt from the state’s overtime laws. This means their employer is not required to pay them overtime wages. It is important to note that even if you are classified as an exempt employee, you may still be entitled to overtime pay. In fact, many employers misclassify employees as exempt to avoid paying them the required overtime wages. If you believe you have been misclassified as an exempt employee, you should contact an experienced overtime attorney as soon as possible.
How Our Overtime Violation Attorneys Can Help
Employers can be held liable for unpaid overtime wages and additional penalties for failing to pay the required overtime wages. If you think you may be owed unpaid overtime, you should speak to a knowledgeable overtime violation lawyer as soon as possible. At Laurel Employment Law, we can help you understand your rights and options and help you recover the wages you are owed. We can help you file a wage claim with the California Labor Commissioner’s Office if you have not yet been paid. We can also help you file a class action against your employer if multiple employees have been denied overtime pay.
Frequently Asked Questions (FAQs) About Overtime Violations
- What types of workers are entitled to overtime pay
In general, non-exempt employees in California are entitled to overtime pay. This includes hourly workers and some salaried employees. Exempt employees, such as executives, professionals, and certain administrative employees, may not be eligible for overtime pay. It's important to review your job duties and classification with an attorney to ensure you are correctly classified. - How is overtime pay calculated in California?
Overtime is typically paid at 1.5 times your regular hourly rate for hours worked beyond 8 hours a day or 40 hours a week. If you work more than 12 hours in a day or 8 hours on the seventh consecutive workday, your overtime rate increases to 2 times your regular rate, which is known as "double time." - What happens if my employer refuses to pay me overtime?
If your employer refuses to pay you overtime, you may be entitled to recover the unpaid wages, as well as interest. You can file a claim with the California Labor Commissioner’s Office or pursue legal action against your employer. Consulting with an attorney can help ensure your rights are protected. - Is there a limit to how much overtime I can work?
There’s no legal cap on the number of overtime hours you can work, but any overtime worked beyond 8 hours per day or 40 hours per week must be paid at the overtime rate. However, excessive overtime may violate workplace safety standards, and employees should be mindful of the health risks associated with long hours. - What evidence do I need to prove an overtime violation?
- To prove an overtime violation, you should provide:
- A record of your hours worked, including regular and overtime hours.
- Pay stubs showing how you were paid.
- Any communication with your employer regarding overtime or timekeeping issues.
- Can I file a claim for unpaid overtime even if I no longer work for the company?
Yes, you can still file a claim for unpaid overtime even if you no longer work for the company. The statute of limitations typically allows you to claim back pay for up to three years, and you can still recover wages for time worked during your employment.
