Filing a Lawsuit for Unpaid Overtime in California
Your employer is obligated to pay you overtime (OT) if you work more than 8 hours per day or more than 40 hours per week. You could claim unpaid OT by bringing a wage and hour lawsuit if your employer failed to pay you overtime as required by California wage and hour statutes. Receiving Overtime Wages in California If non-exempt employees in California work beyond standard working hours, they must be compensated. Failure to pay an employee for overtime work violates California labor law. In California, employees are exempt or non-exempt per California’s wage and hour guidelines. Under Labor Code 515 LC, people engaged in mechanical, clerical, technical, professional, and similar vocations, whether paid on commission, piece rate, time, or other bases, are considered non-exempt employees. Laws governing wages and hours, such as those governing overtime and lunch breaks, may not apply to exempt workers, including: White-collar employees Workers paid on commissions Independent contractors Some companies might misclassify a non-exempt worker as an exempt one. Sometimes, a company will mistakenly categorize a worker as exempt to avoid having to pay overtime. You must meet the following standards to be considered an exempt worker in California:
Earn a full-time monthly wage of at least double the California minimum wage. Spend over half of your working hours doing management, creative, or intellectual work. Consistently use discretion and independent judgment when doing such work. The Amount of Overtime Pay You Could Recieve Labor Code 510 LC provides that California employers should pay non-exempt workers overtime when they work more than the allotted daily or weekly hours. If non-exempt workers do any of the following and do not have another weekly work schedule, they are eligible for overtime pay: Work for over eight (8) hours on a workday. Work for over forty (40) hours per workweek. Work for over six (6) days per workweek. You are entitled to a minimum of one and a half times the regular hourly wage as overtime compensation. Additionally, overtime compensation is paid twice the standard hourly wage for labor that lasts longer than twelve hours on one weekday or more than eight hours on the seventh day of a workweek. Employers may still owe employees overtime pay even if they don’t mandate overtime work, provided they gave them the go-ahead to do so.
No “Off-the-Clock” Work Some companies force workers to sign out while they are still engaged in duties. In California, employees are prohibited from making workers labor “off the clock” without overtime pay. Work labored “off the clock” could be: Administrative tasks Taking a meal break while serving at the front desk. Work done during a rest break. Off-hours work is paid at the employee’s standard hourly rate. The employee is entitled to overtime pay if any off-the-clock labor is done to exceed the permitted number of working hours. Suing Your Employer for Unpaid Overtime Per Labor Code 1194 LC, you could reclaim the unpaid overtime compensation by filing a labor board complaint or suing your employer if they violate California’s wage and hour laws. If your employer violates California overtime laws, you could sue them for: Not paying overtime wages for labor exceeding 8 hours per day. Not paying overtime wages for labor exceeding 40 hours per week. Not paying overtime while working more than six days in a row. Forcing you to work extra hours without pay.
Making you work during a lunch break without compensation. Misclassifying you, a non-exempt worker, as an exempt one. Misclassifying you as an independent contractor. Filing A Lawsuit For A Little Bit Of Overtime Pay Many workers believe that if they are only due a few hundred dollars, it is not worthwhile to file a lawsuit. However, in litigation involving unpaid overtime wages, you are entitled to receive your underpaid overtime salary in addition to interest and legal costs. According to federal law, any employer who disobeys The Fair Labor Standards Act (FLSA) overtime wage requirements should compensate the affected employee for any underpaid minimum wages or overtime pay. The employer could also be responsible for extra liquidated damages in an amount equivalent to the original claim. If your unpaid overtime is little money, it does not mean you should ignore filing a claim. Any infractions of the California labor laws should result in an employer being held liable. Employers who fail to compensate workers for all hours worked may be exploiting other staff members.
Statute of Limitations in California for Wage and Hour Cases
The statute of limitations for unpaid overtime in California is typically three years from the date of the most recent violation. Do not hesitate to contact an employment and labor lawyer if you have any questions concerning unpaid overtime or California wage and hour laws. You could also join a class action if you and many other colleagues at your workplace want to sue one employer for unpaid overtime.
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