Resolving Wage-Hour Disputes And Overtime Issues
You work late into the night and get up early in the morning to perform your work. You may be entitled to compensation for the overtime hours you work even if your employer tells you you are “exempt” or pays you a salary.
Let Golan Law, P.C., provide the representation you need in Los Angeles or elsewhere in California. For a free consultation, contact us today.
What is the difference between exempt and non-exempt employees?
Employees who are “exempt” are not entitled to overtime pay; employees who are “non-exempt” are entitled to overtime pay. For non-exempt employees, this means:
- Time over 8 hours per day must be paid at a rate of 1½ times your regular rate of pay.
- Time over 12 hours per day must be paid at a rate of 2 times your regular rate of pay.
- Time over 40 hours per week must be paid at a rate of 1½ times your regular rate of pay.
To be deemed “exempt,” the employer must prove each element of the exemption. There are various exemptions depending on the nature of your position. For example, there is a legal test to determine the exemption for managers, sales people, professionals, computer programmers, administrative employees and other types of employees. Employees may be misclassified as exempt if they do not meet each element of the legal test for that exemption.
Are you exempt if you’re paid a salary or commissions?
You may be non-exempt and therefore entitled to overtime pay even if you receive a salary or commissions.
Does your title make you exempt?
Classification of exempt doesn’t depend on your title. It depends on your actual job duties.
What if there are no records of the hours you worked?
It is the employer’s job to keep time records so it is his/her obligation to prove that you are not owed overtime. However, if the employer has failed to keep accurate time records, then your reorganized estimate is generally acceptable to the court.
Methods you might employ to prove the hours you worked:
- Re-creating a reasonable estimate of a typical day and multiplying the number of days worked.
- To show when a computer was turned on and off or when emails were sent, a forensic analysis on a computer can be done.
- Other witnesses’ testimony.
Is it too late to get paid for the overtime you worked?
You can recover overtime pay that was not paid for up to four years under California Law.
If you were misclassified, you may be entitled to:
- Unpaid overtime premiums.
- 10% interest on overtime you should have been paid.
- Penalties of your daily rate of pay for up to 30 days.
- Attorney fees.
- Court costs.
If you believe that you have been misclassified by your employer, or that you were eligible for overtime pay and you weren’t paid, contact us for a free, no-obligation, confidential consultation: 310-904-6783.