A California unpaid overtime lawsuit may be an option for hourly and salaried employees, in addition to particular persons or contractors, who work over 40 hours per week. If an employee feels that they are not receiving the overtime pay they are due, a California unpaid wages lawyer may be able to help them recover the compensation he or she deserves.
For more information, contact Attorney Group for California today. Our consultations are free, confidential and without any obligation on your part. We can help answer your questions, and if you choose to pursue a claim we can connect you with an affiliated California unpaid overtime lawsuit attorney who can assist you throughout the legal process.
What is Overtime?
In the United States, the Fair Labor Standards Act (FLSA) states that covered employees must receive overtime pay for hours worked in excess of 40 hours per workweek. The rate at which covered employees are paid is often called “time and a half,” or one and one-half times the regular rate of pay. According to the U.S. Department of Labor (DOL) Wage and Hour Division web page, a workweek is any fixed and regularly recurring period of 168 hours.
Who is Eligible for Overtime Pay?
Under the FLSA, all “nonexempt” employees are eligible for overtime time. Nonexempt employees are employees who are paid less than $23,600 per year ($455 per week). Nonexempt employees may work at an hourly rate or be paid on a salary basis. In December 2016, the DOL overtime rule was scheduled to be updated to include workers making less than $47,476 per year ($913 per week), extending overtime protection to over 4 million workers in the United States.
In November, 2016, however, a U.S. District Court Judge in Texas granted an Emergency Motion for Preliminary Injunction, halting the implementation of the ruling. According to the DOL, the agency filed an appeal in conjunction with the Department of Justice.
California Overtime Laws
In addition to federal overtime laws, California law states that nonexempt employees receive one and one-half time the regular rate of pay for all hours worked in excess of eight hours and up to 12 hours in any workday as well as double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday.
In the state of California, the following types of workers are generally exempt from overtime laws:
- Executive, administrative, and professional employees
- Employees in the computer software industry
- Employees directly employed by the State or any political subdivision thereof, including any city, county, or special district
- Outside salespersons
- Any individual participating in a national service program
- Taxicab drivers
- Professional actors
- Airline employees who work over 40 but not more than 60 hours during the workweek
For a complete list of exemptions in California, please visit the California Labor Commissioner’s Office website.
Unpaid Overtime Lawsuits
According to the DOL, a number of companies in California have been forced to pay their workers for unpaid overtime in 2015 and 2016. In most cases, investigators with the DOL Wages and Hours Division found that these companies failed to pay their employees time and a half for overtime hours. As a result, employees have been awarded thousands of dollars in back wages, unpaid overtime, and damages.
Unpaid overtime lawsuits are also currently being filed against ride-share companies such as Uber. At least five related actions have been filed in five federal district courts against the company, according to a motion filed with the Judicial Panel of Multidistrict Litigation in December 2015. These actions make similar claims regarding Uber’s misclassification of drivers, failure to pay gratuities, and violation of other state labor and common laws.
What Are My Options When I’m Not Paid Overtime That I’m Owed?
Workers who have been unlawfully denied overtime pay may file a California unpaid overtime lawsuit with the help of an unpaid wages lawyer in addition to being able to pursue a claim through the DOL. In those cases, the employee can seek compensation for back wages not paid by the employer and liquidated damages in an amount equal to the unpaid back wages.
How a California Unpaid Overtime Lawsuit Can Help
Federal law, and many state laws, require employers to pay employees for overtime at a rate of not less than 1.5 times their regular rate of pay. These same laws protect underpaid workers from retaliation if they pursue a claim, and an unpaid wages lawyer can help an employee recover the compensation he or she deserves.
For more information, contact Attorney Group for California. After you contact us, an attorney will follow up to answer questions that you might have. There is no cost or obligation to speak with us, and any information you provide will be kept confidential.
Please note that the law limits the time you have to pursue a claim or file a lawsuit for an injury. If you think you have a case, you should not delay taking action.