Bakersfield Unpaid Overtime Lawyer

Working long hours is a part of many jobs, but it becomes a legal issue when employees are not properly paid for the overtime they work. Unpaid overtime is a violation of wage and hour laws that protect workers from being exploited. If you have been working more than 40 hours per week and have not been paid for the overtime, reach out to a Bakersfield unpaid overtime lawyer.

You could be entitled to compensation, and our employment attorneys at Levin & Nalbandyan Trial Lawyers could help you recover the wages you earned.

Overtime Laws Protecting Workers

Employers are required to follow strict laws about paying employees for work they have done. The Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees overtime for any work they do over 40 in a week.

California has labor laws that favor employees that go beyond federal laws. The California Labor Code § 510 provides guidance on how employers must pay employees for overtime and double time.

Overtime pay is determined by multiplying an employee’s standard hourly wage by 1.5 for any hours worked over eight in a single day or 40 in a business week. For example, if an employee’s hourly rate is $25 and they work ten hours in one day, they would receive the regular rate of $25 for the first eight hours, but $37.50 per hour for the last two hours.

California requires employers to pay double time when employees work more than twelve hours in a single day. An employee making $25 hourly would be paid double the usual amount ($50) for any work over 12 hours. Our Bakersfield attorneys understand these laws and could apply them to an unpaid overtime case.

How Employers Violate Overtime Laws

Employers violate overtime labor laws in several different situations. Sometimes, employers make simple errors and fix them when pointed out. Unfortunately, employers may do these things intentionally in an effort to skirt responsibility and save on paying wages.

One way that employers deny overtime pay to workers is by misclassifying employees as exempt, even if they regularly perform non-exempt duties. An employer could hire someone as an independent contractor, but treat them like an employee in work assignments and expectations. The employer has misclassified the worker and, as a result, avoids paying overtime, payroll taxes, and benefits.

Some employers may require employees to arrive at work before their shift begins, but not let them clock in until the shift starts. Such a practice results in workers not being paid for their time. Additionally, incorrect calculations of overtime pay rates can occur when employers omit or miscalculate earned commissions or bonuses. Our lawyer in Bakersfield could determine how an employer violated overtime laws and hold them accountable for the unpaid wages.

How an Unpaid Overtime Lawyer Can Help

California labor rules and statutes are among the strictest in the country, offering workers many protections for action against unpaid overtime. Under the state’s labor code, most non-exempt employees must receive overtime pay at 1.5 times their regular hourly wage for any hours they work over eight in a workday and 40 hours in a week.

If you work more than 12 hours in a single workday, you receive pay at double time. The statute requires that those rules apply, even when the employer did not authorize the additional hours. Violations of the statute also include working off the clock, failure to track hours correctly, and misclassification as exempt. Our seasoned labor law attorney could help with the following:

Assessing Rights and Eligibility

An overtime lawyer in Bakersfield can help by reviewing your employment details, such as pay stubs and work records, to confirm that you are non-exempt and qualify for overtime. They can also calculate what you are owed, including interests and other penalties, while also determining if there are misclassification issues.

Gather and Organize Evidence

Help document your case by gathering and organizing evidence. That includes collecting timesheets, emails, and obtaining witness statements. They can help mold and create a solid foundation for your case to prove the hours you worked and how much your employer underpaid you.

Negotiate and File Administrative Claims

They can handle negotiations with your boss before legal action to try to settle, draft a demand letter, and work to resolve the issue amicably. That can often lead to a quicker, less stressful settlement through the court.

If the negotiations fail, our office can file an administrative claim and guide you through submitting a wage claim to the California Division of Labor Standards Enforcement and, if needed, to other agencies. The processes involve preparing forms, submitting evidence, and representing you throughout any informal conferences, hearings, and investigations.

Pursue Litigation

If your employer denies the claim, retaliates, or other disputes and issues arise, they can handle the legal work necessary for filing a civil lawsuit. Efforts to not only collect unpaid wages, but also attorney and legal fees, court costs, and other damages.

Protect Against Retaliation

If your boss retaliates, either through demotion or firing, our firm can represent you for a wrongful termination or retaliation suit. They could handle legal work and filings to ensure compliance, handle litigation and negotiations, and support you throughout the process.

Why You Might Need a Lawyer

The state labor code is complex, and many companies have legal teams to support them when employment-related disputes arise. The rules involve a strong understanding of the statutes and the nuances, such as determining your employment status. Calculating what they owe you is also challenging, as it may involve overtime pay, time-and-a-half or double time, interest, and penalties.

Our qualified legal professional ensures you do not overlook anything, and they pay you everything they owe. They can also assist with evidence collection and verification, such as documenting the hours you worked and the amount your employer underpaid you, through timesheets, emails, witnesses, or, if necessary, by subpoenaing employer records.

Our seasoned unpaid overtime lawyer in Bakersfield knows the process and the evidence to gather and preserve for you. They can negotiate a settlement, ensure they pay you what they owe, draft demand letters, help you through mediation, and, if necessary, represent you during legal action.

How to Find Representation

The most effective way to find qualified representation is by using online directories, such as the California Employment Lawyers Association. You can also browse online search engines to find local firms that specialize in employment and wage law, and interview multiple attorneys to ensure you find the appropriate person for the job.

Seek Expertise From Our Unpaid Wage Attorneys in Bakersfield

Employers must be held accountable for their violations of overtime laws, whether the errors are made intentionally or not. If you believe you have been working overtime and not getting paid for it, reach out to a Bakersfield unpaid overtime lawyer at Levin & Nalbandyan LLP. We have successfully handled many cases involving overtime violations by employers and are committed to holding them accountable.

Contact us today to take the first step in recovering the compensation you deserve for the work you put in. Our team of legal professionals can assess your case during your free consultation and evaluate whether your employer violated any laws. Often, unpaid overtime claims can be resolved in out-of-court settlement negotiations. An experienced lawyer can represent you in these matters and handle communications with the employer on your behalf. If it is necessary, we could represent your case in court, seeking recovery of the wages you are owed by your employer.