Unpaid Overtime Attorney in Los Angeles

Who is Exempt from Overtime?

Even with strict, overtime pay rules, there are several employee classifications that may not qualify for overtime benefits. Those that are salaried generally fall within these parameters. Their exemption from overtime wages is usually based on the following:

• They perform executive, administrative, or professional duties that account for over 50% of their work.
• They are autonomous and routinely make decisions and exercise their own judgement at work.
• Their salary is twice the California minimum wage for a full-time role at 40 hours a week.

This typically means that most “white collar” jobs are exempt from overtime rules if they are paid at a rate that falls above the 2x minimum wage for full time work standard. However, there are a few other classifications that are not eligible to receive overtime benefits. Those include:

• Independent contractors
• Volunteers
• Seasonal workers
• Small farm workers
• Criminal investigators
• Outside sales
• Technology and computer professionals

Independent Contractor Status & Overtime

Independent contractors are not classified as employees which allows employers to dodge their overtime responsibilities. If you are an independent contractor, you choose when you work so you are under no obligation to follow company guidelines on when to clock in and out. Employers will often misclassify employees in attempts to avoid their overtime pay responsibility. Generally, under California law, a worker is classified as an employee unless the employer has made it clear that the employee was hired on as an independent contractor.

How to File an Overtime Pay Dispute Against Your Employer

If an employee has been denied overtime, they may file a complaint with the Wage and Hour Division of the Department of Labor. This can be done by mail, in person, or by using a 3^rd party. Using a 3^rd party is typically recommended when damages are significant to ensure that the right steps are taken to maximize the chances of a successful complaint and lawsuit. An overtime lawyer will ensure that the complaint is filed properly with the correct information:

• Employee’s personal information including name, address, & phone number
• Employer’s business information including name, address, phone number, & type of business
• Job title and duties
• Payment history including rate and payment method
• Overtime violation information including dates and descriptions

Once a complaint is filed, the WHD will investigate the claim and help provide recovery for owed back wages. If owed overtime wages are significant, a separate lawsuit can be filed with the California Superior Court. This is something else that will require the assistance of an experienced unpaid overtime attorney to ensure that the proper evidence is collected and submitted. It is important to remember that employers are prohibited from taking retaliatory actions against an employee for filing a pay dispute or complaint. This protects employees from harassment and wrongful termination.