Except for those employees exempt from overtime laws, everyone working past 40 hours is guaranteed to receive pay at 1.5 times their current rate. The FLSA, or Fair Labor Standards Act, must be followed by California’s vast network of employers, although often you’ll find they don’t. Employees deserve proper pay, and have legal rights afforded to them should companies fail to comply with state and federal wage laws.
With many complexities within FLSA, you’ll probably want legal counsel to help secure back pay owed. The unpaid overtime attorney Thousand Oaks workers have trusted for years is found at The Kaufman Law Firm, dedicated to employee rights and holding employers to their word. Money owed, plus compensation for losses incurred from your loss of overtime pay, are possible in wage fraud cases.
Employers may use a range of tactics to avoid paying workers overtime pay they’ve earned. One common tactic involves attempting to convince an employee that due to the nature of their position, they are not eligible for overtime.
It’s important for workers in California to have a general understanding regarding who is and isn’t eligible to receive overtime pay. Someone may be exempt from overtime laws if:
This is not an exhaustive list. There are some occupations and industries with their own unique overtime rules that can impact whether a worker may collect overtime pay when they work more than 40 hours a week.
For instance, according to the State of California Department of Industrial Relations, “airline employees who work over 40 but not more than 60 hours during the workweek due to a temporary modification in their normal work schedule not required by the employer and arranged at the request of the employee” are not subject to overtime provisions.
That’s merely one example. Additionally, there may sometimes be disagreement between an employee and an employer regarding whether the nature of their work duties can be described as professional/administrative/executive. An unscrupulous employer might intentionally misrepresent an employee’s duties with the goal of convincing said worker they don’t deserve overtime pay.
Thus, sometimes workers are unsure of whether they’re being denied overtime pay or whether they aren’t eligible to receive it. If you have questions about this topic, review your case with a legal professional. A qualified Thousand Oaks unpaid overtime attorney can help you better understand whether you’ve been taken advantage of.
Employers whose goal it is to not pay overtime to employees who deserve overtime pay rely on their workers not being familiar with the applicable laws in these circumstances. Ways in which an employer might attempt to make an employee believe they don’t have grounds to take legal action for unpaid overtime include the following:
Again, you don’t need to let an employer manipulate you into accepting less pay than you’ve earned. However, it’s also worth noting that pursuing justice can be challenging if you lack the necessary expertise and familiarity with all applicable laws. To optimize your chances of receiving what you deserve, strongly consider enlisting the help of a Thousand Oaks unpaid overtime lawyer.
In addition to mandatory overtime payment, employers must maintain complete payroll records. Should errors arise, employees should (theoretically) be able to approach human resources to get time records printed. Many workers across California don’t realize the importance of accurate records; our firm does. When claimants bring cases to The Kaufman Law Firm, payroll is often our first point of contact. If incomplete, inaccurate or unavailable records are discovered, we’ll bring FLSA action against them.
Once you’ve retained an aggressive unpaid overtime attorney Thousand Oaks claimants like you have hired in similar actions, work should begin immediately to preserve evidence supporting claims. That’s precisely what our team does, in addition to aggressive review of company pay records to assure prior paychecks were correctly calculated. In addition, we can turn one incident to class action litigation if others are affected like you.
Overtime, once granted to employees, must be paid. There’s no exception unless you’re exempt from it. Employers may attempt to reclassify workers to circumvent overtime laws, which hurts employees – not to mention is likewise against FLSA. Certain salaried employees may also qualify for overtime, but generally must be documented in contract form.
The Kaufman Law Firm has recovered millions for underpaid victims like you. Put an unpaid overtime attorney Thousand Oaks wage fraud victims like you have trusted for years on your team, and the results will amaze you.
Californians need every penny earned to promote healthy living, allow children to be raised properly, pay mortgages, even make sure health premiums are paid. Missing overtime money could cost families dearly, so many people wanting unjust wage treatment should call The Kaufman Law Firm. Not only does our firm work diligently to preserve your paycheck, we’ll hold employers who retaliate accountable, too.
Because we’re the unpaid overtime attorney Thousand Oaks workers rely on. No obligation to retain our services is necessary. We’ll explain how our fee structure works, what potential outcomes employees could expect, and work on structuring an ironclad plan for your case. Trusted by many around California as their go-to firm, let’s work together to collect money due for overtime work performed.
Your job is more than just a source of income. It is a major part of your lifestyle. If you have been the victim of wrongful termination, wrongful demotion or any kind of discriminatory business practices, it is time to take action and contact a Ventura employment law attorney that can help. Attorney Matthew A. Kaufman and the team at The Kaufman Law Firm bring experience and a vast arsenal of legal resources to help clients recover the money they deserve.
To learn more, contact our Westlake Village law office today and schedule an initial evaluation to discuss your case.