Northridge Overtime Violation Attorneys

Defending Employee Rights in the San Fernando Valley

Overtime disputes between employers and employees are among the most common of all those pertaining to employment law. However, the rules and regulations regarding overtime are covered under both state and federal laws, which set forth how overtime is to be calculated, as well as which employees are eligible for overtime pay.

When an employer denies proper overtime pay, it is a form of wage theft. If you believe your legal rights have been violated in regard to overtime, it is important to seek the legal assistance of a trusted employment law attorney. Based in Northridge and serving clients throughout the San Fernando Valley, K2 Employment Law represents employees in such matters. We are thoroughly versed in the state and federal laws and precedents that apply to your case, and we offer strong legal representation for resolving the matter—whether through an administrative hearing or in court.

Talk to a Northridge overtime violation lawyer about your case by calling (800) 590-7674 today.

Understanding Your Overtime Rights

Many employees are unaware of their rights when it comes to overtime pay. It's crucial to understand not only the laws that protect you but also how to identify if you're being fairly compensated for your work. At K2 Employment Law, we believe that knowledge is power, and we are here to empower you with the information you need to safeguard your rights.

Here are some key points to consider regarding your overtime rights:

• Eligibility: Most employees are entitled to overtime pay, but certain exemptions exist. Understanding your job classification is essential.
• Calculation of Overtime: Overtime is typically calculated at 1.5 times your regular hourly wage for hours worked over 40 in a workweek. Knowing how to calculate your overtime can help you identify discrepancies in your paycheck.
• Record-Keeping: Keep detailed records of your hours worked. This documentation can be invaluable if you need to pursue a claim for unpaid overtime.
• Employer Retaliation: It is illegal for employers to retaliate against employees who assert their rights to overtime pay. If you face retaliation, we can help you navigate your options.

If you suspect that you are not receiving the overtime pay you deserve, don't hesitate to reach out to our experienced attorneys. We offer free consultations to discuss your situation and help you understand the best course of action.

State & Federal Laws Regarding Overtime

The Fair Labor Standards Act (FLSA) is the federal law that regulates overtime hours and pay. California overtime law also regulates this matter.

In general, you must be paid time and a half in the following situations:

• Working beyond 8 hours in a day
• Working more than 40 hours per week
• Working on the 7th consecutive day of a week

You must be paid double time for the following:

• Working more than 12 hours in one day
• Working more than 8 hours on the 7th consecutive day of a week

Several categories of employees are exempt from these laws, meaning that the laws do not apply to them. Exempt employees include executives, administrators, managers, outside salespeople, and workers in specific industries, such as actors, taxi drivers, airline employees, ambulance drivers, agricultural workers, personal attendants, camp counselors, and more. Contractors/contracted workers may also be exempted from overtime.

Disputes may revolve around whether you are exempt under the law or the actual number of hours worked in a given day or week. A Northridge overtime violation lawyer at K2 Employment Law can review all of the details regarding your case to determine if your overtime rights have been violated.

Common Overtime Violations

Some of the most common overtime violations include:

• Misclassification of Employees: One of the most frequent violations involves the misclassification of employees as exempt from overtime pay. Some employees, such as executives or professionals, are genuinely exempt, but employers sometimes incorrectly classify employees to avoid paying overtime. If your employer has classified you as exempt but your job duties do not meet the criteria for an exempt employee, you may be entitled to overtime pay.
• Failure to Pay Overtime for Off-the-Clock Work: Employers may require or encourage employees to perform work before or after their scheduled shifts but then fail to compensate them for this time. If you are asked to perform tasks off-the-clock, such as setting up workstations, attending meetings, or finishing reports, you should be paid for that time, especially if it causes your total hours to exceed the standard workday or workweek.
• Improper Calculation of Overtime Pay: Overtime pay in the state of California is calculated at a rate of 1.5 times the regular hourly rate for hours worked beyond 8 in a day or 40 in a week. For work beyond 12 hours in a day, employees must be paid double their regular rate. Some employers attempt to reduce overtime payments by incorrectly calculating the overtime rate or by excluding certain types of pay, such as bonuses or commissions, from the calculation. This is a violation of both state and federal law.
• Failure to Pay Overtime to Non-Exempt Employees: Even if an employee is correctly classified as non-exempt, employers may still fail to pay overtime. Some employers simply ignore the law or claim they cannot afford to pay overtime wages. This is illegal, and employees have the right to demand their earned compensation.
• Comp Time Instead of Overtime Pay: Some employers offer "comp time" (compensatory time off) instead of overtime pay. While compensatory time off can be offered in certain public-sector jobs, it is not an acceptable substitute for overtime pay in private-sector jobs under California law. If your employer is offering comp time instead of paying you overtime, they may be violating the law.
• Forcing Employees to Waive Overtime Rights: Employees cannot legally waive their rights to overtime pay, even if they agree to work for a flat salary. California law ensures that overtime compensation cannot be negotiated away, and any contract or agreement stating otherwise is unenforceable. If your employer has attempted to make you sign away your right to overtime pay, you may have grounds for a claim.

Contact Our Overtime Violation Lawyer in Northridge Today

If you have experienced any of these or other overtime violations, you have the right to pursue compensation for the wages you are owed. Many employees are hesitant to speak up out of fear of retaliation, but California law protects workers from being fired, demoted, or otherwise punished for asserting their rights.

At K2 Employment Law, we are committed to standing up for employees who have been wronged. Overtime violations are a serious issue that affects the financial well-being of workers and their families. Our Northridge overtime violation attorneys have the knowledge and experience to hold employers accountable and ensure that your rights are protected.

For legal assistance concerning any issue regarding overtime hours and pay, contact us at (800) 590-7674 to get started with our Northridge overtime violation attorneys.