OVERTIME AND WAGE LAWYERS - LOS ANGELES CALIFORNIA

Blady Weinreb Law Group LLP’s Los Angeles attorneys represent employees in claims for overtime and wages due against their employers. We represent employees in both individual and class action cases throughout Los Angeles County and nearby counties, such as Orange County and Ventura County. If you believe you have been subjected to wage and hour violations by your employer, please contact one of our Los Angeles lawyers at 323-933-1352.

Employee Wage & Hour, Overtime Claims and Other Labor Code Claims

Employees in California who are paid improperly often have claims for wages and penalties against their employers. Overtime pay is required for many employees under both federal law and/or California law, including the California Labor Code and the Federal Labor Standards Act.

In California, the general overtime laws are that a nonexempt employee shall not work more than eight (8) hours in any work day or more than forty (40) hours in any work week, unless he or she receives one and one-half times (1 ½) his or her regular rate of pay for all hours worked over eight hours in any work day and over forty hours in the work week. Eight hours of labor constitutes a day’s work, and employment beyond eight hours in any work day or more than six (6) days in any work week is permissible provided the employee is compensated for the overtime at the proper statutory overtime rates.

There are, however, a number of lawful exemptions from the overtime law, which employers may assert to avoid overtime liability. An "exemption" means that the overtime law does not apply to a particular classification of employees. Employers often mis-classify employees as "exempt" even though the employees do not actually qualify for an exemption under California and/or federal law. Importantly, just because an employee is paid a salary does not necessarily mean the employee is exempt from the overtime laws. A salaried employee must be paid overtime unless he or she meets the test for exempt status as defined by applicable federal and/or state laws, or unless the employee is specifically exempted from overtime by the provisions of one of the Industrial Welfare Commission Wage Orders regulating wages, hours and working conditions. The most common types of mis-classifications are managers who do not spend more than half their time performing management level duties, managers who do not supervise two or more employees, outside salespersons who do not spend more than half their time on outside sales duties, inside salespersons who are not in the retail or service industries or who are not paid a commission based on the price of a product or service, professionals who do not have a professional license or degree, and/or employees who do not exercise the required independent discretion and judgment.

Employers must pay employees for all authorized and known overtime. However, even if an employee works unauthorized overtime the employer may be obligated to pay for it. California law often requires that employers pay overtime, whether authorized or not because an employee must be compensated for any hours he or she is "suffered or permitted to work, whether or not required to do so." These claims are sometimes referred to as "off-the-clock" claims.

BWLG's employment lawyers in Los Angeles have successfully litigated overtime claims in the workplace. If you have an employee claim for overtime, you may want to retain a BWLG overtime lawyer. Please contact a BWLG Los Angeles overtime lawyer for a consultation at 323-933-1352.