At Elite Employment Law, we know that hard work deserves fair compensation. California’s labor laws are designed to protect employees’ rights, especially when it comes to overtime pay.
Our Irvine unpaid overtime attorney has a deep understanding of those laws and decades of experience protecting the rights of workers like you. If you believe your employer has unfairly denied you overtime wages, we want to help. Schedule a free confidential consultation today with our Irvine employment law attorney.
Why Choose Our Irvine Unpaid Overtime Lawyer at Elite Employment Law?
Elite Employment Law has a proven track record of success in employment law cases, including unpaid overtime disputes. We have decades of experience in all types of employment law.
We are committed to protecting the rights of California workers and only represent employees. Because we have focused solely on employees’ rights for decades, we have a deep understanding of the federal and state labor laws.
When you work with us, you have a trusted ally in seeking justice. We are dedicated to providing personalized, compassionate representation to our clients.
We’ve helped numerous clients recover unpaid overtime wages and hold employers accountable for labor law violations. Our attorney is passionate about protecting workers’ rights and ensuring fair compensation for every hour worked.
California Overtime Laws
California’s overtime pay laws are among the most employee-friendly in the nation. These laws exist to ensure that workers are fairly compensated for their extra time and effort. Here are some important things to know about your overtime pay rights:
Who is Eligible for Overtime Pay?
In California, most full-time, part-time, salaried, and wage-based employees have a statutory right to receive overtime pay. However, there are some exceptions.
When Does Overtime Apply?
Under California law, you are entitled to overtime pay if you work:
- More than 40 hours in a workweek
- More than 8 hours in a single workday
- Seven consecutive days in a workweek
How is Overtime Calculated?
- For the first 8 hours on the 7th consecutive day of work in a workweek, you must be paid 1.5 times your regular rate.
- For hours worked beyond 12 in a single workday, or beyond 8 on the 7th consecutive day of work, you must be paid double your regular rate.
Federal Overtime Laws
While California laws often provide more protection, it is important to understand federal overtime regulations as well. The Fair Labor Standards Act (FLSA) requires that non-exempt employees receive overtime pay for hours worked over 40 in a workweek, at a rate of at least 1.5 times their regular pay.
Unlike California law, the FLSA doesn’t require overtime pay for weekend or holiday work unless it pushes the employee’s hours over 40 for the week.
Common Overtime Violations
Unfortunately, some employers attempt to skirt overtime laws. Here are some common violations we see:
- Forcing employees to work off the clock
- Paying regular hourly rates for overtime hours
- Misclassifying employees as exempt to avoid overtime pay
- Deducting overtime pay from promised bonuses
- Averaging hours over multiple weeks to avoid overtime
If you have experienced any of these situations, you may have a valid claim against your employer.
Are You Exempt from Overtime Pay?
Many workers mistakenly believe they are exempt from overtime pay, often due to misinformation from their employers. While there are legitimate exemptions, they are more limited than many people realize.
The main exemption categories in California are:
- Executive Exemption. Applies to employees with significant managerial duties.
- Administrative Exemption. For employees who perform non-manual work directly related to business operations or management.
- Professional Exemption. Covers licensed professionals and those in learned or artistic professions.
- Outside Sales Exemption. For employees who customarily work away from the employer’s place of business, selling or obtaining orders.
- Computer Professional Exemption. Applies to certain high-level IT professionals.
Each of these exemptions has specific criteria that must be met. If you are unsure about your status, consult with one of our experienced Irvine unpaid overtime dispute attorney.
Protection Against Retaliation
While California is an “at-will” employment state, it is illegal for employers to terminate or demote an employee for filing an overtime claim. Such actions can lead to additional legal and financial consequences for the company.
If you have experienced retaliation for asserting your overtime rights, we can help you pursue justice and compensation.
Contact Our Irvine Unpaid Overtime Lawyer Today
If you believe you have been denied rightful overtime pay, let us help you. There are time limits for filing claims, and the sooner you act, the stronger your case will be.
Contact Elite Employment Law today for a free, confidential consultation. We will review your situation, explain your rights, and help you understand your options for pursuing the compensation you have earned.