Los Angeles Regular And Overtime Rate Violations Lawyer

If you have been working long hours, working through breaks, taking work home or working off-the-clock, you may be working unpaid overtime. The Fair Labor Standards Act (FLSA) dictates under federal law that employees who are considered “non-exempt” receive overtime pay equal to 1.5x their regular hourly rate for any hours worked over 40 in a week. If your employer has required you to work overtime hours without proper compensation, an experienced Los Angeles overtime attorney from Bibiyan Law Group can assess what you are owed and how to best proceed.

The California Labor Code in conjunction with federal and local employment legislation provides some of the best overtime benefits for employees. Accordingly, employers must pay their workers overtime in the following three situations:

1. Daily Overtime – If you work more than 8 hours in one day, you must be paid 1.5 times your regular hourly wage. If you work over 12 hours in one day, you must be paid double your regular hourly wage.
2. Weekly Overtime – If you work more than 40 hours in one week (excluding any existing daily overtime hours), you must be paid 1.5 times your regular hourly wage.
3. 7th Day Overtime – If you work seven consecutive days during a workweek, you must be paid 1.5 times your hourly rate for the first 8 hours worked. After 8 hours, you must be paid double your hourly rate for any hours worked after 8 on your seventh day of work.

Occupations that are exempt from overtime pay include (but are not limited to):

• Executive employees
• Professional employees
• Administrative employees
• Outside sales employees

Such exemptions must include that the employee:

• Is being paid a salary of at least twice the minimum wage
• Performs exemptive job duties
• Exercises discretion and independent judgement on significant matters

Improper calculation of wages, misclassification of employees as independent contractors, and a myriad of other violations are endemic of California’s overtime law. Unfortunately, when employers violate overtime law, most of the time they do so because employees do not know that they are entitled to overtime pay in the first place.

Los Angeles employees who have had their rights violated in terms of improper wages may recover tens or hundreds of thousands of dollars in unpaid overtime, penalties and interest. You may think your claim is too small or insignificant, but this oftentimes is not the case. California is very protective of its workers.