Los Angeles Overtime Attorney
Determining whether you are owed overtime by your employer can be a complicated matter to those not familiar with employment law, but Los Angeles overtime lawyer Cyrus Shahriari can help you determine if you are due overtime.
The key to whether you are eligible for overtime is if you are an exempt or a nonexempt employee. The misclassification of employees is common in companies, often so they can get around paying overtime.
There is also a lot of fake information distributed about when and how an employer must pay an employee overtime. The short answer is, if you work overtime, you must be paid by the next pay period.
If you think you should be getting overtime pay, contact us overtime attorney at The Shahriari Law Firm for a free, no-obligation, and confidential consultation to learn about your legal options. You pay nothing until your case is resolved.
Exempt and Nonexempt Employees
Whether or not you are classified as an exempt or as a nonexempt employee determines whether or not you are eligible for overtime pay.
Employees who are determined to be exempt are said to be “engaged in work which is primarily intellectual, managerial, or creative” and “which requires the exercise of discretion and independent judgment.”
Exempt employees also are paid a monthly salary that is the same or at least twice the state minimum wage for full-time employees. But, how you are paid does not determine if you are exempt or nonexempt. Someone could be paid a salary and still be nonexempt and eligible for overtime.
There are various exemptions that apply to different positions. Typically, executives; administrators; creative, learned, and computer professionals; and outside sales people are considered to be exempt.
The determination of your classification as exempt or nonexempt has nothing to do with your job title. It is completely determined by your job responsibilities in your particular industry as determined by the Fair Labor Standards Act.
Simply put, exempt employees are not entitled to overtime. Nonexempt employees are entitled to overtime.
Overtime Per California Law
For employees classified as nonexempt, California considers overtime to be:
- Time over 8 hours per day must be paid at the rate of 1 ½-times your regular rate of pay.
- Time over 12 hours per day must be paid at the rate of 2-times your regular rate of pay.
- Time over 40 hours per week must be paid at the rate of 1 ½-times your regular rate of pay.
Federal law requires employers to pay employees who work holidays 1 ½-times their regular rate of pay.
Overtime Without Records
The employer has the obligation – or burden of proof – to prove that you are NOT OWED overtime since it is the employer’s job to keep time records.
If an employer has not kept time records, then your reconstructed estimate is generally accepted by the court.
Some ways you can prove the hours you worked include:
- The employee can re-create a reasonable estimate of his typical day by his own testimony and multiply the number of days worked.
- A forensic analysis can be done on the employee’s computer to show when it was turned on and off and when emails were sent.
- The testimony of other witnesses.
Facts about Overtime
There are many misunderstandings about when overtime should or should not be paid. Some of the most common are:
- Comp Time: Employers are not permitted to substitute comp time for paying overtime.
- Overtime Required: Your employer has the right to set your schedule and hours. If you refuse to work overtime you can be disciplined and even fired. But you must be paid overtime per the law.
- Waiving Overtime: You cannot waive your right to be paid overtime.
- Unauthorized Overtime: If you work overtime, you must be paid for it, whether or not it was authorized. But you can be disciplined if you do not follow company procedures for overtime authorization.
- Travel Time: Any time you spend traveling to and from your place of business on business, you need to be paid. If you travel out of town, you also need to be paid for time traveling to and from the airport, flying time, and meeting after-hours. You also may be due overtime pay. Commuting to and from work is not paid.
- Overtime Payments: Overtime must be paid by the next pay period.
Time Limits for Compensation
Under California law you can recover overtime pay that was not paid for up to three years and sometimes four years.
It is still better to contact Los Angeles overtime lawyer Cyrus Shahriari as soon as possible so that he can begin collecting evidence and getting witness statements.
If you are found to be misclassified and/or if you were not paid the overtime you were due, you may be eligible for:
- Back overtime
- Interest on the overtime you should have been paid
- Penalties
- Attorney fees
- Court costs
If you are found to be owed overtime, it is very possible that you also could be owed back pay and penalties for missed meals and rest breaks.
If your employer retaliates because you filed an overtime claim, you also can file a retaliation lawsuit against them. This can cost them additional penalties and result in them having to pay you additional compensation.
Contact The Shahriari Law Firm
If you think you have been misclassified by your employer or that you should have been paid overtime, contact Los Angeles overtime lawyer Cyrus Shahriari for a free, no-obligation, and confidential consultation.
Remember, at The Shahriari Law you pay nothing until your case is resolved. You do not need a retainer or to put any other money down. contact us to discuss your legal options.