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 that 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 nonexempt employees?
Employees who are “exempt” are not entitled to overtime pay; employees who are “nonexempt” should receive overtime pay. For nonexempt employees, this means:
- Work performed for more than eight hours per day requires of 1½ compensation of your regular pay.
- If you work 12 or more hours per day, you must receive twice your regular wages.
- When working over 40 hours per week, you must receive 1½ times your regular wages.
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 nonexempt 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?
The burden is on the employer to demonstrate no overtime is owed. However, if the employer failed to keep accurate records of the time you were on the job, then the court generally accepts your time estimate.
Methods you might employ to prove the hours you worked:
- Recreating 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 owed to you
- Penalties of up to 30 days of your daily pay
- 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.