The state’s wage and overtime laws make employers fully compensate their workers for all of the hours worked. Employees that work more than 8 hours a day or 40 hours a week are entitled to receive overtime pay. When employers do not pay their employees the wages and overtime they deserve, or are somehow manipulating the hours a day to pay them less, this is considered wage theft.
If your overtime rights are being violated, it is important to seek the legal support of an employment attorney who will defend your right to a just compensation and ensure that your employer abides by the law.
Overtime Pay Eligibility Under California Law
The California Department of Industrial Relations states that the state wage and overtime laws are designed to protect employees. In California, Overtime pay is considered as an additional pay for working more than 40 hours per week or more than 8 hours per day.
For the most part, California law presumes that all workers are entitled to overtime pay. Under very limited circumstances, an employer will be allowed exemptions. An employee that does not meet the requirements for an exemption, he or she is entitled to receive overtime pay.
While exempt employees are not entitled to receive overtime pay, non-exempt employees are. A worker’s eligibility for overtime pay is contingent on the nature of his or her job responsibilities. An employee title given to a worker by the employer does not preclude him or her from being eligible to receive overtime pay. The duties the employee performs will determine his or her eligibility to overtime pay.
Misconstruing the California Law to Avoid Paying Overtime
Although most employers will follow the law when it comes to wages, some will break the law by trying to avoid paying a worker overtime. An employer may choose to pay an employee on a salary basis or provide a title that does not mirror the employee’s job duties. It should be noted, however, that even under these circumstances, workers can still receive overtime pay.
Defend Your Rights, Speak to a Qualified Attorney
The State of California has strict laws regarding an employee’s right to a fair wage. If you have reason to believe that your rights are being infringed upon, speak to a knowledgeable attorney who can defend your rights. By filing a claim against your employer, you may be eligible to receive the payment you are owed, as well as hold the employer accountable for the wrongful actions.
The employment law attorneys at SANFORD A. KASSEL, A Professional Law Corporation are dedicated to bringing justice to employees who have not received the pay they are rightfully owed. The firm understands that filing a claim against an employer may seem intimidating. However, California law protects your right to fair wages and it will also protect you against employer retribution. When your employer has failed to pay you the overtime you deserve, defend your rights; speak to a qualified attorney on how you can file an unpaid wages claim.
