Mission Viejo Unpaid Overtime Lawyer

You deserve to be compensated for all hours that you work, including overtime hours if you are entitled to overtime pay. The unfortunate reality is that employers sometimes withhold overtime pay – intentionally and unintentionally – and you aren’t compensated for the hard work you’ve put in. If you believe you’re owed overtime pay and haven’t received it, consider contacting an experienced Mission Viejo overtime lawyer right away. 

Overtime Laws in California

To determine if your employer is violating your rights by withhold overtime pay, it’s crucial to understand the basic overtime laws in California. 

Under California law, non-exempt employees are entitled to the following:

  • 1.5x their regular rate of pay for hours worked in excess of 40 in one workweek
  • 1.5x their regular rate of pay for hours worked in excess of 8 in one day
  • 1.5x their regular rate of pay for all hours worked after working 6 consecutive days in one workweek
  • 2x their regular rate of pay for any hours worked in excess of 12 in one workday 
  • 2x their regular rate of pay for any hours in excess of 8 on the 7th continuous day in a work week.

Example

  • You work 48 hours in one workweek over the course of 6 days (8-hour days), and your regular rate of pay is $20 per hour. For the first 40 hours worked, you will earn $20 per hour. For the additional 8 hours, you will earn $30 per hour (1.5×20). 
  • You work 40 hours in one workweek over the course of 4 days (10-hour days), and you make $20 per hour. For the first 8 hours of each day, you earn $20 per hour. For the additional 2 hours in each day, for a total of 8 hours, you earn $30 per hour (1.5×20).
  • You work 32 hours in one workweek over the course of 2 days (16-hour shifts), and you make $20 per hour. For the first 8 hours of each workday, you earn $20 per hour. For hours 8-12, you earn $30 per hour (1.5×2), and for hours 12-16, you earn $40 per hour (2×20).

Determining what you’re entitled to and whether you’re eligible for overtime can be a complicated process, and filing a claim or a lawsuit to recover your unpaid overtime isn’t always as simple as it seems. It’s always a good idea to speak with a professional so you don’t lose out on money that is legally owed to you. 

How Sessions & Kimball Can Help With Unpaid Overtime Claims in Mission Viejo

It’s difficult enough to make ends meet; there’s no excuse for an employer to devalue you and not compensate you appropriately for overtime. Because employers can often get away with it, it happens far too often. Workers are often afraid to speak up for fear of retaliation. The attorneys at Sessions & Kimball can help protect your rights. We can help in the following ways:

  • We will investigate your claim thoroughly to determine if you have a case.
  • We are always available to answer questions or update you on your case.
  • We pursue all possible outcomes for your claim, including a settlement, mediation, arbitration, litigation, and appeal.
  • We will schedule a free consultation to discuss your options.

When you hire us, we don’t get paid unless you get paid. This means there’s no financial risk to you, and you’re never required to pay us anything upfront. Contact us today to schedule your free consultation with our Mission Viejo employment lawyers.