Overtime Violations

It’s one of the most disheartening feelings to work hours beyond what you’re required to in an attempt to earn some extra money, only to receive a tiny check that makes it look like that time spent hard at work never happened. Unfortunately, it’s far too common. Employers use many tactics and tricks in an attempt to get as many hours of work out of their employees as possible without having to compensate them for it. These tactics may include pressure, bullying, threats of employment termination, misrepresenting the law and what employees are entitled to, and attempts to convince employees that they have no power to change things. However, that’s where they’re wrong. At the Law Offices of David M. Boertje we are committed to getting you fair and complete compensation for all the overtime you have worked.

Under California law, you are entitled to overtime pay if any of the following scenarios apply:

• You worked over 8 hours in a day. Under California law, a workday is 8 hours long. Any time worked in excess of 8 hours is to be paid at one and a half times the normal pay rate.
• You worked over 40 hours in a week. California law stipulates that a work week is 40 hours. Any hours that exceed this standard should be paid at one and a half times the employee’s usual pay rate.
• You worked more than 12 hours in one day. If an employee works more than 12 hours in one day, California law requires that any additional hours be billed at two times the employee’s usual pay rate.

It’s important to note that under California law, it doesn’t matter if the overtime work was authorized by the employer or not; if there is evidence that the employee worked overtime, the employer is required to pay it at the rate that applies (either 1.5 or 2 times the normal rate).

Additionally, regardless of what your employer tells you, employees are not able to “waive” their right to overtime. California’s law is very clear: if an employee worked overtime, they must be paid for it.

There are some exceptions that apply to the overtime pay laws. For instance, these laws only apply to employees as opposed to independent contractors. However, companies will often intentionally misclassify an employee as an independent contractor in order to avoid paying them the overtime to which they are legally entitled. Our law firm will work to thoroughly review the unique facts and circumstances of your case and get to the bottom of what’s really going on.

There are other exceptions that apply as well, for instance, certain high tech, managerial, supervisorial, administrative, professional, sales, and highly specialized positions requiring licensure from the state, may be exempt from receiving overtime pay. These exceptions can be complex and difficult to flesh out. If you are unsure whether you qualify for overtime pay, schedule a free consultation with our office, to learn about your rights and how best to pursue enforcing them.

If you are struggling to collect overtime pay that you are legally entitled to, or are unsure of your rights, we are here to help. Contact our offices today, serving San Diego County, and all of greater Southern California. If your California employer is withholding overtime pay, we can help you get back what you deserve. We offer free consultations by phone and online 24 hours a day, 7 days a week.