Newport Beach Unpaid Overtime Lawyer
Are you one of the many employees who are not being paid for all the hours you work? If so, you may want to speak with an unpaid overtime lawyer in Newport Beach. Such a lawyer can help you get the money that you rightfully deserve. By finding someone with experience dealing with your specific type of case, you can improve your chances of success. Remember that it is crucial to act quickly if you believe you are owed unpaid overtime wages. The sooner you take action, the more likely you will be able to recover what is owed to you. Contact us today to schedule a free consultation.
Calculating Overtime Pay in California
Two primary laws govern overtime in California: The Federal Fair Labor Standards Act (FLSA) and The California Labor Code. The FLSA is a federal law that dictates minimum wage, overtime payments, recordkeeping, and child labor regulations regarding full and part-time employees in specific workplaces. The California Labor Code is a state law that sets forth additional protections for workers not covered under the FLSA.
Generally speaking, employees who work more than 8 hours in a day or 40 hours in a week are entitled to 1.5x their regular rate of pay for all hours worked over 8 hours in a day (until you hit 12 hours) or 40 hours in a week, and all hours worked above eight on the seventh day of work in a row in one week.
Additionally, once an employee hits 12 hours in a workday, they are entitled to double their regular pay rate for all hours worked over 12 hours in a day or 8 hours on the seventh day of work in a row in one week.
Overtime Exceptions and Exemptions in California
There are some exceptions to these general rules. For example, executive, administrative, and professional employees are exempt from overtime if they meet certain conditions outlined in the FLSA and California Labor Code. These conditions include but are not limited to duties tests and salary levels. Bosses cannot simply decide that an employee is exempt from overtime; the exemption must be based on the employee’s actual job duties and responsibilities.
Additionally, there are special rules for certain types of workers, such as outside salespersons, computer software professionals, and commissioned employees of retail establishments. If you are not sure whether you are correctly classified as exempt or non-exempt, you should speak with an experienced Newport Beach employment lawyer.
Calculating your regular rate of pay is important because it is used to calculate your overtime rate of pay. Your standard pay rate includes all earnings, including salary, commissions, bonuses, piece-rate payments, and nondiscretionary incentive payments (such as holiday bonuses). Once you have determined your regular rate of pay, you can calculate your overtime rate by multiplying your regular rate by 1.5 (for time-and-a-half) or 2 (for double-time).
If you believe your employer has failed to calculate or pay your overtime wages correctly, contact our experienced employment attorneys to discuss your case.
Sessions & Kimball Can Help With Your Newport Beach Unpaid Overtime Claim
Employees who are not paid for their overtime hours can face many challenges. They may struggle to make ends meet and may be hesitant to speak up for fear of retaliation from their employer. We can help you:
- Recover the wages you are owed.
- Collect and review evidence, such as pay stubs and time cards, to determine what you’re entitled to.
- Negotiate with your employer on your behalf and file a lawsuit if necessary.
If you are an employee who has worked unpaid overtime, or if you believe that you have been wrongfully denied overtime pay, please contact us today to schedule a free consultation. Our Newport beach overtime attorneys would be happy to discuss your case and advise you on the best way to proceed.