Los Angeles Unpaid Overtime Lawyer
Even with labor laws in place to protect workers from wage violations, employers may fail to abide by those legal protections. When employers do not properly compensate their workers for overtime hours worked, those employees may pursue compensation. It is unjust for an employer to pay workers unfairly and unlawfully, and overtime violations can lead to financial stress for the employee.
If you believe your employer has violated overtime laws, reach out to a Los Angeles unpaid overtime lawyer at Levin & Nalbandyan Trial Lawyers for a free consultation. Our team is experienced in dealing with wage enforcement cases and has successfully recovered millions in damages for our clients. Our employment attorneys are willing to fight for you to receive the unpaid overtime you deserve.
Common Overtime Violations
An overtime violation can take many forms. Some are not as obvious as a simple withholding of a certain overtime wage. Some common violations include:
- Misclassification of employees as exempt or independent contractors
- Requiring off the clock work, like making employees arrive ten minutes before their shift but not allowing them to clock in
- Miscalculating commission or bonus amounts
- Prohibiting employees from taking breaks as mandated by law
An attorney in Los Angeles could help you understand if a situation led to unpaid overtime.
Overtime Labor Laws
California is an employee-friendly state with labor laws that aim to protect workers. The California Labor Code § 510 outlines pay responsibilities for overtime and double-time pay.
Overtime pay is calculated by multiplying the employee’s regular pay rate by 1.5 for work over eight hours in a single day or 40 hours in a workweek. If an employee makes $20/hour and works a 10-hour shift in a single day, they would be paid their regular rate of $20/hour for the first 8 hours but be paid a rate of $30/hour for the last two hours.
Double-time pay is required for hours worked over 12 in a single workday. In the same workplace example, the employee making $20/hour would then need to be compensated $40/hour for any work over 12 hours in a day.
These regulations apply to most situations, but there are exemptions as outlined in California Labor Code § 515.
It is unlawful for an employer to harass or retaliate against an employee for asserting their legal rights to receive wages they are due or reporting overtime violations. If an employer demotes, fires, or harasses an employee after the employee engages in a protected activity like filing a claim, that employee could have additional claims against the employer and should retain an unpaid overtime lawyer in Los Angeles.
How to Respond to Unpaid Overtime as an Employee
Responding to an overtime violation can be scary and uncomfortable. However, it is important to take action right away to protect your rights, find a resolution, and secure proper pay.
An employee who thinks their employer might have failed to pay them the overtime pay they earned should keep a detailed record of hours, dates, and times of hours worked. Seeking legal counsel is an important step because our team could help determine the employment classification (exempt or non-exempt), help gather evidence, and file a wage claim.
Filing a wage claim is completed through the California Division of Labor Standards Enforcement (DLSE). The DLSE conducts an investigation and could seek resolution through mediation or court hearings. Our Los Angeles attorneys provide critical guidance and represent a client’s best interest in overtime violation legal proceedings, including negotiation and litigation.
Call an Overtime Violation Attorney for Help
If you think your employer has violated overtime laws and failed to pay you properly, do not wait to see if the problem resolves itself. Act quickly and call a Los Angeles unpaid overtime lawyer. At Levin & Nalbandyan Trial Lawyers, we are dedicated to ensuring that workers understand their legal rights and are paid fairly for the work they do.
Contact our team today. During your free consultation, we will listen to your situation and see how we could help you secure the wages that are rightfully yours.
