Orange County Unpaid Overtime Attorney

Handling Claims for Unpaid Overtime, Lost Wages, and More

Unpaid overtime in California is an unfair treatment of employees that should not be tolerated. When you have worked long hours, not only is it ethical that you are compensated for your time, it is the law. In the state of California, many laws have been enacted to ensure that employees are treated and paid fairly.

California Overtime Law & Regulations

What Hours Are Considered Overtime?

In California the state law mandates that an employee who works overtime is paid further compensation. Overtime hours can vary depending on the work situation of each individual. For some, working over an 8-hour day is considered overtime, while those who work longer days for four days a week are paid overtime after working 40 hours for that week.  

What Is The Overtime Rate?

Once the employee goes into overtime, they are paid time and a half, which is their normal rate plus an additional half. For those who have different rates of pay from one employer, the weighted average of pay is used as the standard for overtime. Under California law, the employer is obligated to pay overtime whether or not it was authorized by the employer.

What Are My Options If I'm Missing Overtime Pay?

If your employer fails to pay your overtime hours or refuses to do so, you can file a wage claim against them with your local office of the Division of Labor Standards Enforcement. A Deputy Labor Commissioner will evaluate your claim to determine if you do have grounds against them. Your claim may be dismissed, referred for a hearing, or referred for a conference. If a conference is held, those involved will meet together in an attempt to resolve the matter without a hearing. If the claim does go to a hearing, testimonies will be given under oath. The Labor Commissioner will serve an Order, Decision, or Award (ODA) which both of the parties can choose to appeal to a civil court.

Do I Qualify for Overtime Pay?

Those who are exempted from overtime pay typically follow these 3 rules:

1. Employee has a minimum salary that is twice the state minimum wage for full-time employment. Here, a “salary” is a predetermined, unvarying amount of pay which cannot be changed based on the number of hours worked or the quality of work performed.
2. Employee has white collar duties which consist of administrative, executive, or professional tasks.
3. A majority of the role involves independent judgment.

The exceptions to the overtime rule are typically those in the roles of:

• Executive functions
• Administrative functions
• Professional functions
• Employees who are outside salespersons
• Computer Professionals
• Certain unionized employees
• Employees with specific occupations with certain overtime rules

Employers may take advantage of employees by misclassifying them as salaried employees. If this sounds like your situation and you have not been paid overtime, reach out to our experienced Orange County unpaid overtime lawyers at Harris Grombchevsky LLP.

Take Action With A Orange County Unpaid Overtime Attorney

For many employees, they are working longer hours in order to do the work their job requires as well as to earn a greater income to pay for their living expenses. Working long hours can be draining; going above and beyond what the law says is a fair workday of 8 hours. Our Orange County unpaid overtime lawyers are dedicated to defending clients that have been poorly treated and denied the wages they deserve throughout Orange County. Learn more about how we can help during a free initial consultation.