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Los Angeles Unpaid Overtime Lawyer
Countless employees across Los Angeles put in long hours of work, often beyond the standard 8 hours per day or 40 hours per week, with the expectation of receiving overtime pay. However, some employers choose to ignore their legal obligations and refuse to pay their employees for the overtime hours worked. This can lead to significant financial losses for employees and a breach of their employment rights. If you find yourself in this situation, Equate Law is here to help. Our team of experienced employment law attorneys specialize in representing employees who have suffered from the injustice of unpaid overtime in Los Angeles. If you worked overtime and were not paid, we can help you get the compensation you are entitled to receive.
Overtime Laws Protecting California Employees
The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay, recordkeeping, and child labor laws affecting employees in California and across the United States of America. The FLSA requires that employers pay employees overtime pay at a rate not less than one and one-half times the regular rate of pay after 40 hours of work in a workweek. There are numerous exemptions and exceptions to federal overtime laws that is why it is best to discuss your employment with a Los Angeles Overtime Lawyer. Equate Law has a Los Angeles Overtime Lawyer available for a free confidential consultation.
The State of California also has some of the most employee friendly laws in the country and provides additional protections on top of all federal employee protections. The majority of California employees are non-exempt employees entitled to California overtime pay when they work overtime. Generally, in California, eight hours of work constitutes the standard day’s work, and employment beyond eight hours in any workday or more than six days in any workweek requires the employee to be compensated for the overtime at not less than:
- One and one-half times the employee’s regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
- Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
There are a number of state and federal exemptions and exceptions that may limit your ability to receive overtime pay. These laws can be complex, which is why it’s important to have an experienced employment law attorney on your side. Our Los Angeles Employment Attorney is available to discuss your specific employment, entitlement and eligibility for overtime pay in Los Angeles.
An overtime pay violation subject an employer to a lawsuit and liability for the unpaid overtime wages and penalties. The law entitles you to collect the overtime pay you are owed, as well as potentially receive additional compensation for penalties against your employer for the violation.
California Regular Rate of Pay
In California, an employee’s overtime pay is based on their regular rate of pay. A person’s regular rate of pay is the compensation you normally earn for the work you perform, and takes into account all different kinds of remuneration including but not limited to: hourly earnings, salary, nondiscretionary bonuses, commissions, piecework earnings, employer provided lodging, and employer provided meals.
One of the most common overtime mistakes that employers make when paying overtime to employees is miscalculating an employee’s regular rate of pay. If an employer miscalculates the employee’s regular rate of pay, then the employee will not receive all of their overtime pay. By doing this, the employer will be committing wage theft and compensating at an amount that is lower than what the employee is legally entitled to receive. It is best to discuss your compensation with a Los Angeles Employment Attorney because an individualized review of your payroll records is required to determine if an employer has cheated you on your overtime pay.
Filing a Wage Claim With The Labor Commissioner's Office
Not only do California employees have the right to file a civil lawsuit against their employers to recover unpaid overtime wages, but they can also file a wage claim with the Division of Labor Standards Enforcement (DLSE), also known as the Labor Commissioner’s Office, to have the complaints investigated and potentially prosecuted. After an employee files a wage claim with the DLSE, the claim will be assigned to a Deputy Labor Commissioner who will evaluate the claim and information presented and decide if the claim should be pursued by the DLSE. The DLSE has specific policies and procedures for filing a wage claim. It is best to speak with a Los Angeles Overtime Attorney prior to filing a wage claim with the DLSE so you know what to expect with the claim process. The legal team at Equate Law has experience guiding employees with the DLSE wage claim process and can even file a civil lawsuit on your behalf. Contact Equate Law to find out more about your potential wage claims.
At Equate Law, we are committed to fighting for the rights of employees who have experienced wage theft. We offer free consultations to discuss the details of your case and will work tirelessly to help you receive the wages you are owed.
Damages for Unpaid Overtime Claims
In California courts, employees who successfully pursue a lawsuit for unpaid overtime may be entitled to various forms of compensation. The exact amount and types of compensation can vary depending on the specifics of the case and the court’s determination. Here are some common forms of compensation that may be awarded:
- Unpaid Overtime Wages: The primary form of compensation in unpaid overtime cases is the recovery of the unpaid wages. Employees may be entitled to receive the amount of overtime wages they should have been paid based on the hours worked subject to certain limitations.
- Liquidated Damages: Under federal law, specifically the Fair Labor Standards Act (FLSA), employees may be eligible for liquidated damages in an amount equal to the unpaid overtime wages. These damages essentially double the amount of unpaid overtime owed to the employee.
- Interest on Unpaid Wages: Courts may also award interest on the unpaid wages, which accrues from the date the wages should have been paid. This is meant to compensate the employee for the delay in receiving their rightful wages.
- Attorneys’ Fees and Costs: In California, prevailing employees in unpaid overtime cases may be entitled to recover their attorneys’ fees and costs. This provision encourages employees to seek legal representation and pursue their claims without the fear of incurring substantial legal expenses.
It’s important to note that each case is unique, and the specific amount of compensation awarded will depend on various factors, including the amount of unpaid overtime, the evidence presented, and the court’s assessment of the case. Consulting with an experienced employment attorney who can evaluate the specifics of your situation is crucial to understanding the potential compensation you may be entitled to in a California court for an unpaid overtime wage claim.
If you are an employee in Los Angeles who has been denied overtime pay, Equate Law can help you fight your employer. Our team of experienced attorneys has a deep understanding of California’s labor laws and will work tirelessly to help you receive the compensation you are owed. Don’t let your employer get away with violating your employment rights – contact Equate Law today to schedule a free consultation and take the first step towards reclaiming what is rightfully yours.
How We Can Help Recover Unpaid Overtime Wages
At Equate Law, we have a track record of successful outcomes in unpaid overtime cases and are committed to achieving the best possible results for our clients. When employees decide to sue their employer for unpaid overtime, the lawsuit process typically involves several stages. Throughout the process, our legal team at Equate Law provides guidance, advocacy, and representation to help protect their employee rights and seek fair compensation for the unpaid overtime wages owed to employees.
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