Is Your Employer Shorting You On Overtime Pay?

In California, non-exempt employees must receive overtime pay at 1.5 times their usual rate of pay when they work more than eight hours in a day or more than 40 hours in a week. If employees work more than 12 hours in a day or 60 hours in a week, they must receive double-time pay.

If your employer refuses to pay overtime, we may be able to help you recover wages to which you are legally entitled. At Rosen Marsili Rapp LLP, our attorneys focus exclusively on employee-side employment litigation, especially in the area of wage and hour disputes such as failure to pay overtime. We've been helping employees throughout the Los Angeles area level the playing field against big employers and unlawful employment practices since 1985.

We Handle Individual And Group Wage And Hour Disputes

Through decades of experience, our lawyers have seen employers cheat their employees out of overtime pay using increasingly complex and difficult-to-prove methods. However, there are three major ways in which employers violate overtime laws:

  1. An employer may fail to pay overtime wages at the rate required by California law.
  2. An employer may misclassify an employee as exempt (or salaried) and not pay overtime, when the employee should be properly classified as non-exempt and eligible for overtime pay.
  3. An employer may demand or allow an employee to work "off the clock" without pay, when the employer should be paying overtime wages.

If your employer has tried any of these tactics with you — or you suspect they're using another method to short you on overtime pay — our dedicated, experienced employment law attorneys can help you uncover their unlawful behavior.

Working 'Off The Clock' In California

If your employer requires or allows you to work past your scheduled working hours, California law states that the employer must compensate you for the extra time spent on the job. Examples of common "off the clock" overtime violations include:

  • You clock-out, and then your boss says, "Be sure to mop the floor before you leave." If your boss does not allow you to clock back in before doing so, that may be a violation of overtime laws.
  • Your written job duties include making sure the floors are clean in the evening for the start of the next morning's shift. No one is at work to tell you to mop the floor or to see you mop the floor and no one reminds you to mop the floor, but the floor is always clean the next morning. If you perform this work off the clock, you may be owed overtime pay.

Overtime laws are complex and are also a hot-button issue between employees and employers. If you have questions about possible overtime law violations, call us at 213-389-6050 or send us an email to schedule your consultation.