Santa Ana Unpaid Overtime Lawyer
Employees not only deserve to be paid a fair wage, but they also deserve to be compensated for overtime if they are eligible. It’s unfortunately common for employers to deny their workers overtime compensation. This can be tricky to deal with, as you are legally entitled to these wages, but also must navigate the relationship with your employer. If you find yourself in a situation where you know you’re entitled to compensation you aren’t receiving, contact our Santa Ana overtime attorneys and schedule a free consultation.
Santa Ana Overtime Laws
In California, all non-exempt employees are entitled to receive 1.5x their regular rate of pay for work they perform in excess of 8 hours in one day, or 40 hours in one workweek. Additionally, any employee that works more than 12 hours in one day or more than 8 hours on a 7th consecutive day of work is entitled to double their regular rate of pay.
For example, you make $20 per hour and work 6 8-hour days, equaling 48 hours for the week. For the first 40 hours, you make your regular rate of $20 per hour. For the additional 8 hours, you should be compensated $30 per hour.
Additionally, if you only work 40 hours per week but you have days that you work more than 8 hours, you are entitled to overtime pay for any of the hours worked past 8 in one day. For example, if you work a 10-hour shift one day, you will receive your regular rate of pay for the first 8 hours, and then 1.5x your regular rate of pay for the additional 2 hours worked.
Finally, if you work less than 40 hours per week but work more than 12 hours per day – using 15 as an example – you are entitled to varying levels of overtime pay. For the first 8 hours, you would receive your regular rate of $20 per hour. For the next 4 hours (up to 12), you should be paid 1.5x your regular rate of pay, or $30 per hour. For the additional 3 hours worked after you hit 12 hours, your employer must compensate you double your regular rate of pay, or $40 per hour.
California Wage Theft
If you’re entitled to overtime compensation that you aren’t receiving, this is referred to as wage theft. It’s the same as if your employer were stealing from you, which should never be tolerated. Other common types of wage theft include minimum wage violations, which occur when your employer isn’t following federal, state, or city minimum wage laws, and requiring employees to work off the clock, which means you’d be working without receiving compensation. For example, your employer is required to compensate you for the time you spend putting on protective gear or attending meetings. Our Santa Ana overtime lawyers can help you navigate these laws.
How To Recover Unpaid Overtime in Santa Ana
Wage theft is serious and can have devastating impacts on workers. If you believe this is happening, you have every right to try to collect the money that is rightfully yours. In California, you can attempt to recover your unpaid overtime (and more, in many instances) by filing a wage claim with the labor commissioner or by filing a civil lawsuit against your employer. If you decide to file a civil claim against your employer, you must do so within 3 years of the most recent violation.
While you can always try to speak with your employer before filing a complaint or a lawsuit, this doesn’t always work, and can sometimes make the working relationship worse. In most cases, your employer is well aware of what they’re doing, and has no intention of paying you what you are owed. It’s almost always better to speak with a Santa Ana unpaid overtime lawyer before discussing anything with your employer.