Unpaid Overtime Attorneys in Pasadena, California
Assisting Clients With Unpaid Overtime Matters in California
Many workers in California depend on overtime pay to support themselves and their families. Unfortunately, some employers exploit their workers by refusing to pay them for their additional hours.
If your employer withholds your overtime pay, you might be unsure how to get the money you’re owed. You might even fear that asking your employer to pay you the overtime you’re owed will result in retaliation or wrongful termination.
Fortunately, an unpaid overtime lawyer from Domb & Rauchwerger can review the details of your case and, if warranted, file an overtime pay dispute or lawsuit on your behalf. Our legal team strives to protect worker rights under state overtime law. We work vigorously to get you the compensation you deserve.
Schedule a free consultation with a Pasadena unpaid overtime lawyer to discuss your case. Contact us via our free case evaluation form or call (213) 772-5882.
California’s Overtime Law
Our unpaid overtime lawyers are intimately familiar with the state’s overtime laws and can use them to get you the pay you are owed. California’s overtime law protects your right to receive extra pay after working additional hours.
According to California law, you must receive overtime pay if you’re a non-exempt employee who:
- Works more than eight hours in a day
- Works over 40 hours in a workweek, or
- Works more than six days in a workweek
Exempt vs. Non-Exempt Employees
As mentioned above, the state overtime law only applies to non-exempt employees. If you’re exempt, you likely won’t be able to take legal action against your employer for withholding overtime. Still, meeting with an unpaid overtime lawyer could be helpful.
A knowledgeable attorney can confirm whether you are considered an exempt or non-exempt worker.
Exempt employees may include the following:
- Employees who work in an executive, administrative, or professional capacity
- Employees in the computer software field
- Individuals employed by the state, county, city, or special district
- Outside salespersons
- Employees who are also the parent, spouse, child, or adopted child of the employer
- Individuals employed by a national service program, such as AmeriCorps
- Drivers who are regulated by Title 49, Sections 395.1 to 395.13
- Drivers who are regulated by Title 13 of the California Code of Regulations
- Taxicab drivers
- Airline employees
- Commercial fishing crew members
- Professional actors
Domb & Rauchwerger When Does Overtime Have to Be Paid?
Don't face legal challenges alone. Contact us at (213) 772-5882 to discuss your case with our experienced attorneys.
How Much Overtime Should You Receive?
If you’re a non-exempt employee, you need to know whether or not you’re receiving the amount of overtime pay you’re legally entitled to. When calculating how much overtime pay you should receive, you must understand the two types: time-and-a-half pay and increased overtime pay.
How to Calculate Time-and-a-Half
If you are a non-exempt employee, you can receive time-and-a-half pay for all hours worked more than eight hours up to and including 12 hours in a given day. You’re also entitled to time-and-a-half pay for the first eight hours of work on the seventh consecutive workday in a week.
To calculate how much time-and-a-half pay you should receive, multiply your regular hourly rate by 1.5. Multiply that number by the number of overtime hours you’ve worked more than eight hours up to and including 12 hours in a given day and/or the first eight hours worked on the seventh consecutive workday in a week. The result will be how much time-and-a-half overtime pay you’re owed.
Understanding Double Overtime Pay
As a California non-exempt worker, you can receive double your standard pay rate for all hours worked beyond 12 hours in any workday. You’ll also be entitled to double overtime pay for all the hours you work more than eight hours on the seventh consecutive workday in a week.
Calculating double overtime pay is simple. First, multiply your regular hourly rate by two. Then multiply that number by the overtime hours you worked that were more than 12 hours in a workday and/or over eight hours on the seventh consecutive workday in a week. The result will be the amount of double overtime pay you should have received.
Upon calculating how much overtime you should receive, you may have realized that your employer has been withholding overtime pay you’re legally entitled to. If so, you’ll want to speak with an unpaid overtime attorney at Domb & Rauchwerger. We can determine if you have grounds for a claim and, if you do, help you take legal action against your employer.
California Overtime Pay Violations We Can Fight
Our team has represented countless workers whose employers violated their rights. Throughout our careers, we’ve seen several different overtime pay law violations, and we know what needs to be done to combat them and get justice for our clients.
Misclassifying You as an Exempt Employee
Sometimes, employers try to misclassify employees as exempt when they should legally be classified as non-exempt. Doing so allows employers to avoid having to pay these workers overtime.
If you believe you’ve been misclassified, a misclassification lawyer from our firm can help you sort things out. We can help you determine whether you should be classified as exempt or non-exempt. If we find that you’ve been misclassified as exempt, we can help you pursue compensation for the overtime pay you’ve earned.
Overtime Violation Penalties: Civil vs. Criminal
Employers found guilty of overtime violations can face both civil and criminal penalties. Civil penalties include paying back wages, interest, and additional amounts due as liquidated damages. On the other hand, criminal charges can result in significant fines and even incarceration. California law is stringent about enforcing these penalties to ensure fair labor practices.
How Our Unpaid Overtime Attorney Can Help You
Unpaid overtime claims can be complex and involve significant amounts of money, especially when they go back several years or affect large groups of employees. We have extensive experience with these types of cases and are prepared to guide you through every step of the legal process.
- Reviewing Your Employment Status: The first step in any unpaid overtime case is determining whether you were correctly classified under state and federal law. We will analyze your job duties, the hours you worked, and the way you were paid to identify any misclassifications or wage violations.
- Gathering Evidence: Proving unpaid overtime often requires gathering records such as timesheets, pay stubs, and communications with your employer. We will work diligently to collect the necessary evidence, including any documentation you may have and conducting investigations into your employer’s wage practices.
- Filing a Wage Claim: Once we have gathered the necessary information, we will file a wage claim on your behalf, either with the appropriate government agency or directly through the courts. We are familiar with the processes involved in both state and federal overtime claims and will make sure your case is filed correctly and within any relevant deadlines.
- Negotiating Settlements: In many cases, we are able to reach a settlement with the employer before going to trial. We will negotiate on your behalf to ensure you receive the full amount of unpaid overtime, interest, penalties, and any other damages you are entitled to.
- Pursuing Litigation: If a settlement cannot be reached, we are fully prepared to take your case to court. We will present a strong case, demonstrating the employer's violation of overtime laws and advocating for the maximum compensation available under the law.
- Ensuring Legal Compliance: Beyond obtaining the wages you are owed, we also help ensure that your employer complies with California labor laws moving forward. This can include making sure that they correct any illegal policies or practices related to overtime pay so that other employees are not affected.
What Makes Us Different
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Former Defense AttorneysGain a unique advantage with our firsthand knowledge of how corporations and insurance companies operate.
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Collaborative ApproachOur founders collaborate on every case. This dynamic approach enhances our ability to secure favorable outcomes for you.
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Respected in the Legal CommunityOur esteemed reputation and well-established connections within the legal community set us apart.
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Free ConsultationsTalk through all of your legal options during a free consultation.
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Millions Recovered on Behalf of Our ClientsOur track record of successful outcomes demonstrates our proficiency and commitment to fighting for your rights.
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Hablamos EspañolEmployment law help provided by a Spanish-speaking team.
Contact Our Unpaid Overtime Attorney in Pasadena Today
Our attorneys’ unique experience as former partners at one of the largest employment defense firms in the nation is what sets us apart. We have the knowledge needed to go up against your employer’s legal team in aggressively seeking the results you deserve.
We are committed to securing maximum compensation for California workers whose rights have been violated, as shown in our past verdicts and settlements.
You have three years to file a suit against your employer for violating California’s overtime pay law. To avoid missing a deadline, we recommend you contact one of our Pasadena unpaid overtime lawyers to discuss your case and determine if you’re eligible to take legal action.
Connect with one of our team via our contact form or call (213) 772-5882 for a free consultation with our Pasadena unpaid overtime lawyers.
