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 LNN 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 interests in overtime violation legal proceedings, including negotiation and litigation.

Is Holiday Pay Required Under California Law – And How Do You Calculate It?

Many employees assume that working on a holiday automatically entitles them to overtime or premium pay. In California, that is not necessarily the case. Unlike some employers that voluntarily provide paid holidays or premium holiday pay through company policies or collective bargaining agreements, California law generally does not require private employers to pay employees extra simply because they worked on a holiday.

However, holiday work can still result in overtime wages. If working a holiday causes a non-exempt employee to exceed eight hours in a workday or 40 hours in a workweek, the employee may be entitled to overtime compensation under California law. For example, an employee who works eight hours on a holiday and then exceeds 40 total hours during the workweek may qualify for overtime pay for the additional hours worked, even though the holiday itself does not automatically trigger premium pay.

Some employers mistakenly believe that labeling additional compensation as “holiday pay” satisfies their overtime obligations. In reality, employers must separately calculate overtime based on California’s wage and hour laws. Failing to properly calculate overtime because an employee worked on a holiday may result in unpaid wages. If you believe your employer improperly calculated your pay after working on a holiday, our Los Angeles employment lawyers can review your pay records and determine whether wage violations occurred.

Evidence That Can Help Prove an Unpaid Overtime Claim

Many unpaid overtime cases come down to documentation. Even if an employer does not maintain accurate time records, employees can often establish the hours they worked using other evidence. Keeping your own records may strengthen your claim if questions later arise about your work schedule or compensation.

Helpful evidence may include:

Detailed timekeeping, either stamped or electronic
Pay stubs for wages
Work schedules
Communication from the employer directing you to work more than your scheduled shift
Calendar entries recording hours worked
Security badge or building access timestamps
Coworker statements

Employers should maintain accurate records, but employees have options when those records are incomplete or inaccurate. Our attorneys thoroughly investigate wage claims to identify evidence that demonstrates the hours actually worked and the wages that should have been paid.

Do Not Assume Small Amounts of Unpaid Overtime Are Not Worth Pursuing

Some employees decide not to report unpaid overtime because they believe the amount owed is too small to justify taking action. In reality, seemingly minor violations can add up over months or years. Missing just 30 minutes of overtime each week can result in substantial unpaid wages over time, particularly when overtime premiums, waiting time penalties, interest, and other available remedies are considered.

California’s wage and hour laws exist to ensure employees receive every dollar they have earned. Whether the unpaid overtime resulted from automatic meal break deductions, off-the-clock work, employee misclassification, or payroll calculation errors, every situation deserves careful review. At LNN Trial Lawyers, we aggressively pursue employers that fail to comply with California labor laws and work to recover the compensation our clients are legally entitled to receive.

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 LNN 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.