Fight for the Wages You Deserve
Feldman Browne Olivares handles wage and hour class action lawsuits involving LA employers’ (or other California employers’) violations of California’s overtime, minimum wage pay compensation, and meal and rest break laws. If you were unfairly compensated for the work you performed, let us help. With an award-winning Los Angeles employment law attorney on your side, we can fight to hold your employer accountable for their unlawful behavior.
Overtime in California and Exempt Employees
California and federal overtime law both require the payment of overtime compensation to most California employees who work more than 40 hours per week and more than 8 hours per day in most industries. While federal overtime law exempts certain California employees from overtime pay requirements, very few OT employees qualify as exempt.
Examples of employees exempt from OT are:
- High-level managers
- Outside salespersons
How is Overtime Calculated in California?
Under California overtime law, overtime pay is one and one-half (1½) times the employee’s regular rate of pay wages for all OT hours worked over 40 hours per week. Also, overtime wage pay is due to all nonexempt California employees for hours worked over 8 hours per day up to and including 12 hours in any workday. Any hours worked over the first 8 hours on the seventh consecutive day in a workweek must also be compensated. In addition, all overtime hours worked in excess of 12 hours any workday are to be paid double the employee’s regular rate.
California employers who do not allow employees to report more than 40 hours per week or that require employees to work “off the clock” are in violation of the law. Our Los Angeles-based, overtime lawyers can fight to make sure your California overtime rights are represented so that employee salary compensation meets the amount of time worked.
Compensation You May Be Owed
Employers who violate California overtime law may have to face overtime attorneys in a court of law.
They may be required to pay:
- Wages due and owing, including base pay and overtime pay
- Other forms of compensation such as commissions, bonuses, benefits and vacation pay
- Overtime penalties
- Overtime interest
- Overtime attorney’s fees and costs
- Injunctive and declaratory relief
California Minimum Wage Law & Compensation
Since 2019, California’s minimum wage has been $12/hour. If an employer suffers or permits a California employee to work, or exercises substantial control over the terms and conditions of employment, they will likely be responsible for paying those employees the minimum wage and overtime compensation as covered in California state overtime law.
Tips and gratuities cannot be counted by employers towards the minimum wage payment owed under the California OT law. For example, a California employer cannot elect to pay you just $72 in wages for an 8-hour shift simply because you also earned $24 in tips. The employer must pay the full minimum wage of $12 per hour regardless of how much you earn in tips.
Meal & Rest Breaks
Los Angeles employers must provide employees with uninterrupted 30-minute meal breaks and two 10-minute rest breaks per 8-hour shift, during which the employee must be relieved of all duties. Neglecting this overtime law will mean that an employee’s agreed salary is not being met with appropriate working hours.
Your employer cannot discourage you from taking breaks. For example, scheduling work in such a way that makes taking a break impossible or infeasible would be illegal. Employers who fail to provide employees with an opportunity to take uninterrupted meal and rest breaks may be liable for up to two hours a day of “premium pay” at the employee’s hourly wage rate.
- What to Know About Alternative Workweek Schedules in California
- How to File a Class Action Lawsuit Against an Employer
Let the Los Angeles employment law attorneys at Feldman Browne Olivares help you get the pay you deserve. Call (310) 984-1415 now.