Are you struggling with an overtime dispute in California? Goldberg & Loren are experienced overtime dispute lawyers who can help you navigate the complex legal landscape.

With years of experience and a deep understanding of California labor laws, we are your go-to resource for resolving your overtime dispute.

Contact Goldberg & Loren today to schedule a consultation with our California overtime disputes lawyers. Take the first step towards resolving your dispute and getting the justice you deserve.

What is an Unpaid Overtime Dispute?

An unpaid overtime dispute arises when you believe that you have worked more hours than you were properly compensated for. Under California labor laws, if you’re a non-exempt employee, you are entitled to receive overtime pay for any hours worked beyond 8 hours in a single day or 40 hours in a workweek.

Employers sometimes misclassify employees as exempt or find other ways to avoid paying the required overtime wages. Common issues that can lead to overtime disputes include:

• failure to track and compensate for off-the-clock work
• improper calculations of overtime rates
• misclassification as an independent contractor

If you suspect that you are being denied proper overtime pay, seek the guidance of our experienced employment lawyers. They will review the employment agreement, work schedules, and pay records to determine if a violation of labor laws has occurred.

Who Qualifies for Overtime Pay in California?

Under the FLSA, you are generally entitled to overtime pay if you work more than 40 hours in a workweek. Certain exemptions apply to this requirement. To be considered exempt from overtime pay, you must meet specific criteria, including performing certain job duties and receiving a minimum salary threshold.

In California, the minimum salary threshold for exempt employees is generally higher than the federal threshold set by the FLSA. California has strict protections in place to ensure that employees get properly compensated for their work.

What Are the Laws Regarding Overtime Pay?

In California, you must be paid one and a half times your normal rate of pay for working more than 40 hours in a week or more than 8 hours in a day. This means that if you work longer than these specified timeframes, you are entitled to receive additional compensation for your efforts.

If you find yourself working more than 12 hours in a single day, California law requires that you are paid double your normal rate of pay for those extra hours. This rule is in place to protect employees and acknowledge the intense physical and mental strain that extended work hours cause.

Common Unpaid Overtime Dispute Cases in California

By understanding these issues, you can protect your rights, and employers can ensure they are in compliance with the law. Some of the most common cases are:

Failure to Provide Rest and Meal Breaks: California labor laws also require employers to provide their you with specified rest and meal breaks. For every 5 hours worked, you are entitled to a 30-minute uninterrupted meal break, as well as a 10-minute rest break for every 4 hours worked. Unfortunately, some employers fail to provide these breaks or may pressure employees to work through their allotted break times, which ultimately results in overtime hours. If you have been denied your proper rest and meal breaks, seek legal advice.

Misclassification of Employees: One major issue in California overtime disputes involves the misclassification of employees. Employers may misclassify workers as independent contractors to avoid paying overtime. California has strict guidelines for determining if you qualify as an employee versus an independent contractor.

Overtime Exemptions: California law provides exemptions for certain employees who may not be entitled to overtime pay. Employers may sometimes misapply these exemptions and wrongfully deny overtime compensation. 

Unpaid Overtime: Another common issue is unpaid overtime. California law requires employers to pay overtime for hours worked beyond 8 hours in a single workday or 40 hours in a workweek. Any hours beyond that must be compensated at a higher rate. However, employers may try to avoid paying overtime wages or miscalculate the rate of pay. 

Statute of Limitations for Overtime Dispute Cases in California

In California, employees must file a claim within three years of the violation or within two years from when they knew or should have known about the issue. 

Contact Our California Overtime Dispute Lawyers Today

If you believe that your employer is violating California labor laws and failing to pay you for overtime, seek legal advice. Our team of experienced overtime dispute lawyers can help you understand the law and build a strong case.

We are committed to helping you receive the payment you are entitled to and will fight aggressively on your behalf. We understand the complexities of California labor law and will ensure that you are provided with the best possible legal advice. Contact us today to schedule a free consultation.

Source:

[1] Handy Reference Guide to the Fair Labor Standards Act. (n.d.). DOL. https://www.dol.gov/agencies/whd/compliance-assistance/handy-reference-guide-flsa