Overtime Pay Violations

As an employee, you assume that your employer will compensate you fairly for the hours you work, including overtime pay. However, it is not uncommon for employers to make mistakes when calculating an employee’s overtime pay or, even worse, figure out ways to intentionally avoid paying overtime wages. Employees who were not fairly compensated for their overtime hours can pursue an employment lawsuit against their employer based on overtime pay violations. At The Nourmand Law Firm, APC, we have more than 20 years of experience helping California workers obtain the money they’ve worked for. We have extensive experience litigating claims involving overtime pay violations and can help inform you of your rights.

Under California law, adult employees who either work more than 8 hours a day or 40 hours per week are entitled to overtime pay. This is regardless of whether an employer pre-authorized overtime pay. However, the overtime pay rate in California depends on the number of hours worked.

Employees must be compensated at 150% of their regular wage when they work more than eight hours in a day, more than 40 hours in a week, and for all hours worked on their seventh consecutive day of work.

Employees must be compensated at 200% of their regular wage when they work more than 12 hours in a day and for any hours on an employee’s seventh consecutive day of work.

However, not all employees are entitled to overtime pay. For example, employers do not need to pay those employees who are classified as “exempt.” Additionally, there are certain occupations that are specifically excluded from the overtime pay requirements by statute.

By far, the most significant limitation on the availability of overtime pay relates to exempt employees. An exempt employee is one who meets both the “salary” and the “duties” test. The salary test is the more straightforward of the two and looks at the monthly salary earned by an employee. If an employee’s monthly salary is more than two times the amount they would make if they were paid minimum wage, they meet the “salary” test and may not be entitled to overtime compensation (provided they also meet the “duties” test.”

The “duties” test is more complicated and involves taking a detailed look at the employee’s job. While the exact details of the test are very nuanced and vary slightly depending on the type of job, generally, an exempt employee must:

• Spend at least half their time carrying out administrative, professional or executive duties; and
• Regularly exercise discretion in how they complete their job-related assignments.

Notably, there are other positions that fall outside the overtime pay requirement or have different rules regarding when they are entitled to overtime pay. For example, registered nurses are considered non-exempt employees by law unless they are primarily engaged in executive or administrative tasks and meet the other requirements of the exemption.

An employee’s right to overtime is absolute, and they cannot waive overtime pay, even if they signed an agreement with their employer. Additionally, an employer’s classification of an employee as exempt is not binding. In other words, those who believe they have been misclassified as an exempt employee can challenge their employer’s characterization through an overtime pay lawsuit.

If you believe that your employer has not fairly compensated for the overtime hours you worked, The Nourmand Law Firm, APC, can help. At our Los Angeles employment law firm, we represent employees in all types of employment law cases, including those involving overtime pay violations. We have more than 20 years of experience representing only employees, helping level the playing field and get out clients the money they’ve worked hard to earn. We also handle class action lawsuits against employers who have a pattern of overtime pay violations. To learn more, and to schedule a free consultation, call The Nourmand Law Firm, APC at 800-700-WAGE (9243). You can also connect with us through our online contact form.