orkers in the state of California, under the law, have numerous methods of receiving compensation. One of the most common is overtime wages, which are paid to hourly employees when they work over 40 hours per week or 8-12 hours per day. While non-hourly employees are also eligible for overtime wages, employers don’t always hold up their end of the deal.
Our team of experienced employment law attorneys at Blackstone Law can help you if your employer has failed to pay you the overtime wages that you rightfully earned.
How the employee is classified determines if there is a viable wage payment claim. Three of the most common employee classifications are:
- Independent contractor
Here’s what you need to know about each:
For hourly employees, California law states that they are to be paid one and a half times their regular rate for hours worked past 40 hour per week or 8 hours per day. That rate increases to double the regular rate if you work more than 12 hours per day.
Independent contractors are not eligible for overtime pay, yet some employers will classify certain employees as independent contractors to avoid paying them overtime wages. At that point, there would be legal grounds for a wage claim.
Exempt employees are usually in salaried, managerial positions. They routinely and generally make discretionary decisions and exercise their own judgment at work on matters they handle. If their salary equates to a minimum of twice the California minimum wage for a 40-hour work week, they will not qualify for overtime wages.
There are several different ways that an employer can open themselves up to a potential wage claim. In terms of overtime wages, look for the following:
- Denial of a bonuses
- Failure to pay an employee the tips they earned
- Refusal to pay commissions
- Falsifying time clocks or pay stubs
- Failure to pay at least minimum wage to employees
- Refusal to pay an employee who quit or was terminated
- Failure to pay or requiring an employee for the time they worked off the clock
- Requiring an employee to work during their breaks
- Misclassifying employees as contractors instead of employees
- Taking money from an employee’s paycheck illegally
California law further protects employees from retaliation on the part of their employer, should they file a wage claim. In those instances, the employee would likely have grounds for a hostile work environment/retaliation claim to add on to the wage claim.
If you or someone you know has been a victim of an unpaid wage case, our experienced attorneys at Blackstone Law can help you get the compensation you deserve and have worked so hard for. When an employer denies an employee the wages, overtime, bonuses, or commissions they’re owed, our team will not rest until we hold the employer accountable.
At Blackstone Law, the foundation of our practice is a genuine compassion for those brave enough to speak out. As Los Angeles unpaid overtime lawyers, we constantly strive to uphold the rights of the individual, as guaranteed by the justice system.
Before moving forward, it may be in your best interest to consult an experienced employment law attorney who can help determine whether you should pursue a lawsuit against your employer. Our team of seasoned wage attorneys can analyze the evidence and determine the proper strategy before deciding which course of action to take regarding your unpaid wages claim. Contact our law firm for a free consultation, either by phone at (310) 956-4054 or via our website to discuss your rights today.