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Are you looking for a dependable and trustworthy overtime lawyer in Los Angeles? United Employees Law Group has you covered! The experienced employment team at UELG in Los Angeles is highly recognized for dealing with every aspect of even the most complicated overtime law issues.
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Overtime laws in California were designed to cater to the working class. Relative to the other 49 states, California law is full of overtime pay laws that protect its employees vigorously. Federal overtime laws dictate that when working overtime (an excess of 40 hours in a single week) all non-exempt employees should be paid one and a half times more than their standard hourly wage. California employees, however, are eligible for overtime pay if they have worked beyond the eight hours standard working time per day on top of the federal regulation of more than forty hours per week. Overtime laws in California also protect the eligibility of non-exempt employees for double-time pay. These non-exempt employees are those who work beyond 12 hours a day, with requirements for meal and break, as well as penalties for waiting time for unpaid wages. United Employees Law Group in Los Angeles can help you in any case you have that is related to overtime law.
Here is the breakdown of the minimum wage in California. As of January 1, 2020, the regulated hourly rate for companies employing less than 25 employees is $12 an hour. For companies having +26 employees, the hourly rate is $13 an hour.
If an employee is working overtime, it is mandated in California that the employee should be paid one and a half times their hourly rate. The federal laws consider overtime as rendering 40 hours of work in a single week, but in California, the state also applies this ruling for overtime work daily. Essentially, if you work more than a regular 8-hour shift, you are already working overtime that day. California also has a double-time rate. This applies to work rendered after 12-hours within a 24-hour timeframe, not just during one calendar day. This situation calls for double the employees’ standard hourly rate.
There is also a seventh-day rule for California workers. In the case that they are working consecutively for seven days, the seventh day will be paid for at time and a half and double-time if they work for more than 8 hours that day. It is also illegal in California for employees to work off the clock. This means that employees cannot be compelled to finish their closing duties, wear their uniforms at work, or even complete their job if they are clocked out. If they are forced to do so, it would be right to call UELG and have their case handled by a professional. California law also mandates payment when under the jurisdiction of an employer. This means that for employees who are deemed on “standby” or “on-call”, should be paid accordingly with “on-call” or “standby” pay.
Generally, California Courts are on the side of employees. Employers are required to have a Burden of Proof. The Burden of Proof is a record that holds all the hours worked by the employee. The document should be detailed and maintain accuracy to truly reflect the hours worked by the employee. If there is an absence of Burden of Proof, employers are required to make estimates of the hours worked by the employee. In this case the law typically sides with the employees. It is presumed that the employees should be paid overtime, and it is the employer’s responsibility to prove that the employee is not entitled to such pay. If the employee were correct in their claim, all their expenses from lawyers’ fees, costs, and penalties may be recovered. If the case proves that the employer is correct, they may recover the expenses incurred as well.
An alternative workweek schedule is an exception to the overtime rules. If your company has this, different rules may apply. The California alternative workweek laws mandate that if an employer has employees working for four days and ten hours each, they are not obliged to give overtime salaries. There are criteria as to which employers can apply for this alternative workweek schedule. A company should first hold an official vote together with its employees and then forward the results of the vote to the State of California. Should you have questions about this California alternative workweek law, our overtime lawyers in Los Angeles are welcome to enlighten you with the legal implications of such a situation.
For you to be eligible for overtime, the nature of your work will also play a big role. Generally, those who are exempt from having overtime pay are those working in the administrative and executive roles. By looking into the tasks that you perform at work and what allocation of time for each duty to be performed is, you can know if you are exempt. Employers do not necessarily have to inform you if you are exempt from these overtime wages. Even if they give a job title and description that appears to exempt you from overtime pay, but the nature of your actual work says that you should have overtime pay available, then you may have a firm position in this case and may be eligible for the pay you deserve. Potentially, it can mean that your employer is avoiding giving out overtime pay by doctoring their job descriptions, and you can act against them.
Here are some things you need to know if your employer has failed to pay your overtime wage. It would be prudent to discuss this with an overtime attorney as soon as you experience an infringement on these rights.
The final paycheck law was birthed due to the unfortunate turn of the economy, which furthered the illegal treatment of California employees, explicitly regarding their final paychecks. These illegal practices have become rampant. Your employer should pay you the money you have rightfully worked for. Otherwise, your employer is breaking the California Labor Laws. If, in the situation of termination or lay-off where you are compelled to leave your work, it is your employers’ responsibility to pay you for all the services you have rendered which are left unpaid at the time of termination. This includes compensation for vacation time and other labor benefits like personal time off. If you choose to resign on your own, the employer should give you all your final pay within 72 hours. There are financial penalties should employers choose not to render your money on time.
California Labor Code 218.6 also accommodates the granting of interest on all due and unpaid wages at a yearly pace of 10%. So if an employee’s paycheck is not rendered and the employer continues to withhold the money, UELG will fight for the employees wages and penalties along with their interest due.
California employees can likewise hope to recoup sensible lawyer’s fees and expenses in any activity brought about from pursuing the delinquent wages.
If you are still “hanging tight” for your last paycheck and the cutoff times given by the California work laws have past, there are without a doubt, other employees encountering this same infringement. In the event, take the first step forward and start a case that is acknowledged as a legal claim by our firm. If the case is accepted as a class action, subject to court approval you may be qualified for getting extra pay as a part of a service award if and when we win the case. Our Los Angeles overtime lawyers speak to individual clients in these kinds of related pay claims as well, and a free case consultation is available to you should you desire to start a case alone.
Even though this sounds straightforward, it very well may be a bit puzzling to make sense of, yet we will endeavor to clarify who gets additional time pay in California as simply as possible. To make certain about your individual case, it is ideal that you call our office so that we make look into your position in detail and specifics.
In general terms, each employee is qualified for extra time pay in the State of California, except under special exclusions. To assist you with figuring out whether you should get extra pay, we must plot the special exclusions here. This can be somewhat dry and legalese, yet we need to give you a fundamental comprehension of these exemptions. WE ARE HERE FOR YOU. This is only a shortlist of the laws that may influence you.
There are a few critical points of understanding with regards to if you are excluded, or not qualified, for overtime pay under the additional time pay laws.
To begin with, the weight is on your Employer to demonstrate you are absolved. The governing case on this issue can be found at Nordquist v. McGraw-Hill Broadcasting Company (1995) 32 Cal.App.4th 555, 562.
Second, the real employment obligations you perform, and NOT your occupation title or set of listed working responsibilities, decide whether you are absolved or non-excluded from overtime pay.
Third, exceptions under the California Labor Code (state law) and exclusions under the Fair Labor Standards Act (government law) may shift.
Businesses once in a while blunder in applying the authoritative exclusion to circumstances when employees practice autonomy and circumspection in their work (for instance, protection financiers or representatives); however, they are not performing administrative work identifying with the employer’s arrangements or activities.
The employee’s tasks include the real administration of a venture or a division of the business.
The worker spends a significant portion of their week to week work time occupied with real absolved work.
The employee coordinates work by at least two or more other workers (or what might be compared to 80 hours per seven days stretch of subordinate time).
The employee can recruit, terminate, promote, or make proposals on such choices within the business. The employee generally and routinely practices caution and free judgment at work.
There is a monthly salary for a full-time employee. The month to month pay must be twice California’s lowest pay permitted by law for all-day business, which is currently $12 per hour as of January 1, 2020.
In the event that the business can’t demonstrate the entirety of the above components, the representative is “non-excluded” under the official exception and ought to be paid additional overtime pay.
You may find yourself in these situations but fear not; we are here for you.
Our focus goes beyond presenting top-notch legal advice to our clients. UELG understands employee concerns and has a real-world approach to providing cost-efficient and timely legal services. Our values determine how our lawyers work together and how we relate to our clients. Our culture is one of rapid adaptation, enterprise, and innovation. We do not react to change, we anticipate it.
Our core values are composed of being:
Virtuous – UELG performs with integrity and fairness in all our dealings. We sustain strict discretion regarding our cases as well as those of our clients. We always treat each client with courtesy and respect.
Pragmatic – UELG is down to earth and utilizes plain English (se habla espanol tambien) in every consultation. We are result-centric instead of being tied down with antiquated process.
Optimistic – UELG is always progressive and seeks to establish positive experiences. We establish relevant and meaningful relationships with our clients with every case we take.
Every employee in Los Angeles deserves to be represented by a trusted and experienced lawyer and overtime attorney. Here at United Employees Law Group, that is what we strive to offer.
If you notice negligence on the part of your employer and you know that you rightfully deserve to receive your overtime wages, we will fight for you.
Call United Employees Law Group today to schedule a free, no-risk consultation with one of our skilled and reliable employment law attorneys. We represent employees in legal disputes with their managers as well as overall companies. Our firm will offer you sound, strong legal assistance to help you accomplish your goals.
Call us today at 888-455-7434 to schedule a free consultation. You can also visit us at our office location at 5500 Bolsa Avenue, Suite 201, Huntington Beach, CA 92649.