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.
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.