Los Angeles Unpaid Overtime Lawyer

As an employee, you have certain rights when it comes to how much you are paid for the work that you do. If you believe that your employer has not paid you the overtime wages that you are entitled to, you may be able to file a lawsuit to recover those unpaid wages. An experienced employment law attorney in Los Angeles can review your case and advise you of your legal options.

Why Choose Sessions & Kimball For Your Unpaid Overtime Case?

Choosing Sessions & Kimball for your unpaid overtime case comes with the reassurance of extensive experience and specialized focus. Here’s why we’re the right choice:

• Our practice in employee rights spans several decades, giving us the experience needed to handle even the most complex cases and get employees what they are owed.
• We dedicate ourselves exclusively to representing employees who have experienced wrongful employment practices; it’s all we do, allowing us to focus our efforts and expertise on these matters.
• Achieving perfect 10/10 ratings with Avvo stands as a testament to our legal excellence and underscores the trust and satisfaction that clients have found when working with us.

With a proven track record and unwavering dedication to employee rights, we are ready to assist with your unpaid overtime case. Contact us today to schedule a free consultation.

Overtime Laws in California

The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage and overtime pay standards. Some states have their own laws regarding overtime pay, and in those states, employees are entitled to the higher of the two rates.

The California Labor Code establishes overtime rules for many employees in the state of California. When the federal law conflicts with California law, employees are entitled to the one that provides the most protection, which, in many cases, is the California laws.

Under California law, employees must be paid one and a half times their regular rate of pay for all hours worked over 8 in a day or 40 in a week.

Employees must also be paid two times their rate when they work more than 12 hours in a workday or more than 8 hours on the seventh consecutive day in a workweek.

Eligibility For Overtime in California

In California, to be eligible for overtime pay, employees generally must:

• Be at least 18 years of age or,
• Be 16 or 17 and not required by law to attend school instead of working.

However, certain job classifications are exempt from receiving overtime. Examples include those in positions consisting of administrative or professional duties that entail independent judgment and discretion. 

They must also earn a fixed salary that is at least twice the state’s minimum wage for full-time employment, which would translate to 40 hours of work per week. As of 2024, California mandates a yearly minimum exempt salary: $66,560 or weekly earnings totaling $1,280.

Generally, outside salespeople, independent contractors, and union employees are examples of others who are not entitled to overtime pay.

Common Ways Employers Try to Evade Overtime Pay

1. One common way that employers avoid paying overtime is by misclassifying workers as exempt from overtime laws. There are certain categories of workers who are exempt from overtime laws, such as executive, administrative, and professional employees. However, employers often misclassify workers as exempt when they are actually non-exempt and entitled to overtime pay. 
2. Another way that employers avoid paying overtime is by requiring employees to work off the clock. This may happen if an employer requires an employee to finish up some work tasks after their shift has ended or if an employer asks an employee to come in early to do work before their shift starts. If you have been required to work off the clock, you may be entitled to receive compensation for those extra hours worked.
3. Finally, employers may try to avoid paying overtime by having employees work from home. Although working from home can have some benefits, it can also be a way for employers to get around paying overtime. If you are working from home, make sure that you are keeping track of the hours you are working so that you can be sure you are being paid appropriately.

What to Do If You’re Owed Overtime 

If you suspect that you’re owed overtime pay from your employer, there are some steps you can take to ensure your issue is acknowledged and resolved correctly:

Determine Your Eligibility: Ensure that under California labor laws, your job role and work situation actually entitle you to overtime pay. This involves understanding whether you classify as a non-exempt or exempt employee.

Gather Evidence: Compile thorough documentation of all hours worked for which you were not properly compensated. Include timesheets, schedules, emails from supervisors requesting longer hours/workdays, and a record of any hours worked that exceeded your typical work schedule.

Discuss the Situation with your Employer or HR: Open a dialogue with your supervisor, employer, or Human Resources department if possible. Do so calmly and professionally, presenting your evidence of unpaid overtime. A clear but respectful approach can sometimes result in back pay without further conflict.

Contact a Lawyer: If resolving the issue internally is not an option or if you receive pushback from your employer, don’t hesitate to seek legal assistance. 

An experienced employment lawyer can guide you through filing a formal wage claim with the appropriate state agency.

Be Patient: Pursuing a claim for unpaid overtime pay takes time, as it involves following specific procedures and many different steps. It is important to remain patient while allowing the legal process to develop – trust that your lawyer will work diligently on your behalf.

Why You Need a Lawyer For Help With Your Overtime Claim

At Sessions & Kimball, we understand that hiring a lawyer is not a decision to be made lightly. However, we also know that there are times when it’s absolutely necessary. If you’re currently struggling with an overtime issue at your job, we urge you to consider hiring an experienced overtime lawyer. Here are three compelling reasons to hire us:

You Deserve to Be Paid What You’re Owed

If you’re working overtime hours, then you deserve to be paid for those hours. It’s as simple as that. We will help you get what is rightfully yours.

We Can Help You Get Your Job Back

In some cases, employees who speak up about not being paid for their overtime hours are retaliated against by their employers. This is also illegal. If you’ve been demoted, had your hours reduced, or been outright fired for asking to be paid for your overtime hours, we can help you get your job back and receive compensation for the wrongful termination. 

You May Be Entitled to More Than Just Back Pay

Depending on the circumstances of your case, you may be entitled to more than just the wages you should have been paid for the overtime hours you worked. In some cases, employees are also able to recover liquidated damages, which is an additional amount of money awarded as punishment for the employer’s unlawful actions. We will help determine what you’re entitled to and will get you the most possible compensation.

If you need help with an overtime claim, contact us to schedule your free consultation.