Unpaid Overtime
California has strict overtime laws generally covering every hourly worker, with exceptions only for specific occupations. Federal laws in the United States and state laws in California require employers to pay overtime to their workers who have worked more than 40 hours in a week. To help you exercise these rights, our unpaid wage lawyers in Van Nuys will evaluate your overtime pay and make sure your hard work pays off! The Law Offices of Hussain & Gutierrez focuses on employment and its laws as a complete package of practice areas. Whether you need help with unpaid wages, sexual harassment at the workplace, hostile surroundings, or any other legal issue, you can always visit our firm for a free consultation. Our workers’ compensation lawyers are known around the state for their phenomenal skills and unmatchable expertise with a great record of victories in workers’ compensation claims.
We know how depressing it can be to work day and night without receiving your entitled wage. So, to help you out, we are here to exercise your right to be paid!
Wage And Hour Laws In California
Wage and hour claims have become a big issue in the country ever since the diversification of the economy took place. The deals between your employer and contractors are primarily complex and affect your wages adversely. All these issues reach an extent where it gets challenging to fight without an attorney for unpaid wages by your side.
Generally speaking, a California employee has a right to compensation if their employer has violated the state’s wage and hour laws. As per the law, all employees must be paid a minimum wage set out in the state’s wage and hour laws on an hourly basis. Apart from that, if an employee is made to work either more than 8 hours a day or 40 hours a week, he or she is entitled to overtime pay. That said, independent contractors and exempt employees under California’s labor law are exempted from this rule.
SEND US A MESSAGE
Helping You Obtain Your Much Deserved Unpaid Wage Settlement
Under California law, if you have been working off the clock, you deserve to be compensated for your time and efforts. If your employer has willfully withheld your overtime pay, you can file an unpaid wages lawsuit against them. A wage claim lawyer can guide you through the application process, avoid any legal discrepancies and help you claim damages. These damages include:
- Back pay
- Liquidated damages
- Penalties
- Interest
- Attorney fees
When your employer disagrees or intentionally fails to pay you your entitled benefits or your rightful wage, it leads to wage theft. Some examples of wage theft are:
Violation of overtime
Despite being entitled to overtime pay and still not receiving it is a form of wage theft that you should not condone at any cost.
Violation of minimum wage
If your employer does not pay you the minimum wage stated by the law, they are fundamentally stealing your wage, which you should not tolerate.
Work hour violations
If your employer demands you to work before you clock in or after you clock out, you are entitled to receive payment for that work. If your employer is doing otherwise, he is stealing your money.
The law of Van Nuys does not prefer the exemption of employees from overtime, yet some employers are able to claim that some employees fall under the umbrella of exempted employees. Most used examples of exemption are:
- Executives: To fall into this exemption category, employees have to spend half of their shift hours working on managing other departments.
- Administrative: This is for the employees who spend more than half of the shift hours working on policy-making and business operations.
- Professional: Specific workers who have a license for practicing a profession are qualified for professional exemption, such as doctors, lawyers, accountants, and teachers.
Salesperson: Workers spending most of their time outside the office selling products for the company are also eligible for exemption.
Federal and state employment laws are complex, making it imperative to hire an expert in the field. Lawyers charge their fee based on the nature of your case. That said, the Van Nuys wage dispute lawyers at our firm charge on a contingent basis for unpaid salary issues. This means you don’t have to pay anything until the case is solved. In case you lose the lawsuit, you will not be entitled to pay an attorney fee, so you just have to pay the percentage of what is recovered from your claim. This indicates how hiring an unpaid wage lawyer in Van Nuys from our firm benefits your lawsuit.
Resolving Your Unpaid Salary Issues With Strong Legal Representation And Strategic Negotiation
Unpaid wage not only brings financial burden but also demotivates you towards your job. A lot of employers in California are not good at paying wages to their employees and in some cases they do not pay the designated overtime. The attorneys for unpaid wages at our firm are ready to serve the employees all over Van Nuys. If you are a victim of an unpaid salary issue, you can consult our experienced lawyers to get help and win your lawsuit against your employer. Before thinking anything else, keep in mind that consultation with an experienced lost wages attorney can help you have a clear vision of all your employment and wage rights. So, contact our lawyers for an initial consultation to get your case evaluated.
Frequently Asked Questions Have a question? Ak our team of experts
The minimum wage in California is $15.50 per hour for all the employees and paying anything below that is against the law.
Overtime refers to the situation when an employee works beyond the eight hours limit set by the law in a day or more than 40 hours in a workweek.
Yes, the employers are obliged to pay for the overtime under the federal and state laws.
No, in California it is obliged by the law to collect overtime payment. Therefore, your private decision of not receiving the payment does not hold any importance.
First of all, you should talk to your employer, but if he does not resolve the issue, you should file a claim with the Division Of Labor Standards Enforcement to recover proper wages.
