Los Angeles Overtime Lawyer
Most employees in Los Angeles are entitled to earn overtime pay in certain situations. This is not a privilege but rather, a right guaranteed by both federal and state law. It is not uncommon for employers to deny workers a fair overtime wage so they can retain more of their profits. Misclassification of employees is one way in which employers try to avoid paying overtime. If you feel as though your employer has not paid you the overtime you deserve, a Los Angeles overtime lawyer can help you recover your lost wages.
Overtime Laws in Los Angeles
California law specifies the overtime wages employees should receive. The law is as follows:
- Workers should receive 1.5 times their regular rate of pay when they work more than 40 hours in one week.
- Workers should receive 1.5 times their regular rate of pay when they work more than eight hours in one work day.
- Workers should receive double their regular rate of pay when they work more than 12 hours.
Although most employees in the state are protected under the above laws, there are some exceptions.
Overtime Law and Independent Contractors
Independent contractors are not employees and so, the overtime laws do not apply to them. To avoid paying workers overtime, employers will sometimes misclassify an employee as an independent contractor. When they do, the burden is on the employer to prove the worker is a contractor, as the law presumes that workers are employees.
Exemptions Under the Law
While most workers in Los Angeles are covered by the overtime laws, this is not true for everyone. The most common examples of workers that are not covered are executive, administrative, or professional employees that earn a minimum of $640 weekly. Other workers considered exempt from the overtime laws are as follows:
- Executives who spend at least half of their time in a position of management over at least two employees, and that can make decisions in regards to their employment,
- Administrative workers who perform office work necessary for business operations under general supervision, and who can exercise judgment and discretion,
- Professionals that require a license, certification, or specialized education to perform their job,
- Employees that work with computers or other high-tech equipment, and
- Certain employees in sales
Determining whether an employee is considered exempt or not is very confusing. A Los Angeles overtime lawyer can help you determine if you are exempt from the law, and if you are entitled to compensation for lost wages.
Our Overtime Lawyers in Los Angeles Can Provide the Sound Legal Advice You Need
State and federal overtime laws seem straightforward, but they are not. At Obagi Law Group, P.C., our Los Angeles overtime lawyers can help you determine if you are considered exempt under the law, and will help you claim the full damages you deserve. Call us today at 424-284-2401 or fill out our online form to schedule a consultation with one of our attorneys so we can review your case.