Failure to Pay Overtime
Federal law requires that certain employees receive overtime pay for any time worked beyond forty hours in any one workweek.
California law provides even more protection, requiring overtime pay if a non-exempt employee works more than 8 hours in a single day or forty hours in any one workweek. Employees who are eligible for overtime pay may not waive or give up their right to receive overtime.
Are You Entitled To Overtime Pay?
(Misclassification of Employees)
Many times employers intentionally or mistakenly misclassify their employees as being "exempt” from overtime laws. The employer’s claim of exempt status is an affirmative defense and requires the employer to satisfy all the requirements for exemption.
Employers will sometimes claim that employees are exempt executives, professionals, or administrators, when they are not. The failure to satisfy a single requirement may mean that the employee was misclassified and should have been paid overtime.
If you feel that you have not received overtime pay when you should, we can assess your claim to determine whether the legal requirements for exemption have been satisfied.
If you believe you have been the victim of your employer’s illegal failure to pay overtime, provide meal and rest breaks, pay minimum wages, pay wages when owed, or pay other required benefits, fill out and submit the contact form on this page for a free and confidential case evaluation or call us toll-free at (888) 285-3333 to speak with an experienced attorney.