Overtime Lawyer Los Angeles

Are Some California Companies Exempt from California’s Overtime Laws?

Most workers in California qualify for overtime wages, and exemptions are rare. California also adheres to state-specific overtime laws rather than federal, and California’s state laws are more strict than federal laws regarding protecting workers.

Employers must pay workers at least a $23,600 salary to be exempt from the FLSA overtime rule. Plus, workers must assume job duties considered exempt.

What Are Some Common Overtime Pay Violations in California?

In California, it is illegal for employers to:

• Pay workers less than minimum wage per hour worked
• Refuse to pay over time
• Refuse to pay workers for breaks
• Fail to pay workers for hours they have worked
• Refuse to comply with federal and state overtime and wage laws

When a business violates overtime pay policies, they open itself up to lawsuits from employers such as Axel, our guitarist and cashier in LA.

California law entitles workers to collect damages, as well. Normally, these come in the form of:

• The overtime owed by the employer
• Additional compensation for the business’s penalties and violations

What Should Employees Do When Their Overtime Rights Are Violated in LA?

Although California’s labor laws are strictly enforced, there are cases of employers and businesses refusing to respect workers’ rights. When employers refuse to pay overtime, pay workers incorrectly, refuse to allow breaks, and commit other transgressions against workers, they must be stopped. When employees like Axel realize their companies pay them incorrectly, there are a few things they should do. Workers whose rights have been violated in California should:

• Collect evidence such as recorded hours, pay stubs, proof of hours worked, and more.
• Contact a qualified overtime lawyer for support and help.
• Decide how and where to file the claim. For example, one can file a complaint with the Wage and Hour Division of the Department of Labor or another department or agency.
• File the claim in under three years, respecting the statute of limitations for such cases.

Axel kept careful records of what he was paid and the money missing from his paychecks. He then set up a meeting with his boss, Gabby, of Gabby’s Gifts. However, when Axel brought the matter to Gabby’s attention, she denied any wrongdoing. Instead, she informed Axel that she had decided how much overtime was, which meant an extra $2 per hour for him. She added that “she didn’t listen to the state,” and she “didn’t abide by federal law,” If Axel had a problem, he could just quit.

For a moment, Axel was tempted to quit. However, then he realized this would be letting Gabby off easily. Gabby’s Gifts owed Axel money, and his dreams of a shiny new guitar were not to be vanquished by a cranky gift store boss who didn’t respect workers’ rights.

Axel told Gabby he would be contacting an experienced attorney. The next day, he scheduled a consultation with one of the top overtime lawyers in Los Angeles. After reviewing his case, Axel’s new attorney told him that he was confident that justice would be done.

When Should Workers Contact an Employment Attorney, and Whom Should They Contact?

Paid overtime is common in California and provides an excellent incentive for hardworking employees. However, some companies attempt to take advantage of employees by refusing to pay them what they are rightfully owed. When Gabby refused to pay Axel $30 per hour for his overtime hours worked, she violated his rights under state and federal law. She also took advantage of a hardworking employee who had his eyes on a musical goal and was striving towards it, one boot at a time.

When individuals face situations like Axel’s, they should act quickly and decisively. Workers who realize they are treated unfairly and paid unjustly should schedule a consultation with an experienced Los Angeles law firm.

At the law office of Nakase Wade, our Los Angeles overtime law attorneys understand the rules and regulations outlined in the FLSA. These laws help to establish California’s:

• Equal pay
• Record keeping
• Child labor rules
• Minimum wage

We also have the utmost experience handling meal and rest break violations, unpaid overtime claims, pay stub issues and violations, sick leave problems, and much more.

Our attorneys are skilled, experienced, and ready to fight for the rights of California workers like Axel.

Speaking of Axel, he received the settlement he wanted when Gabby settled out of court. Axel is now working as a cashier at a different store and earning the proper overtime rate. He recently purchased his gold 1971 Fender Telecaster, and the band and its fans gave the axe rave reviews. Axel is back on top of the world, playing clubs and stages as the main guitarist in the hit band “Pistols and Princes.” He dreams of worldwide success, but for now, he is happy with his job and his band—not to mention his new guitar.

Workers in California should follow Axel’s “lead” and contact a professional, qualified law firm to deal with violations of their rights. Nakase Wade is ready to handle all employee questions and concerns about their overtime rights, so contact us today.