Employees who work more than their normal allotment of hours are entitled to receive overtime pay for their extra work. However, if an employer has withheld compensation for overtime pay, then you may have grounds for an unpaid overtime claim. You can discuss your options with our Orange County unpaid overtime attorneys at Elite Employment Law, who will represent you when filing a claim.
How Overtime Works in California
Many employees in California work 8 hours a day for a total of 40 hours per week. If an employee works above and beyond these hours, they must be compensated with overtime pay. Per California laws, employees are supposed to be paid one and a half times their normal pay rate when they work more than 8 hours. If an employee works more than 12 hours in a day, they must be paid double their normal rate for the extra work.
Who is Eligible for Overtime Pay in California
Determining if you have a claim for unpaid overtime depends on how your job is classified. Individuals are typically categorized as exempt and nonexempt employees. Exempt employees are individuals who generally work in a professional, executive, or administrative capacity and receive an annual salary. As a result, they are exempt from receiving overtime pay. However, non-exempt employees are those who earn an hourly wage and must be paid at least minimum wage. These individuals are eligible for overtime under federal and state law.
If employers fail to classify their employees properly, this could create problems for both parties. Employees could miss out on wages they are due, and employers can be penalized for non-payment.
How to File a Claim for Unpaid Overtime in California
If you are eligible for overtime that has not been paid, you likely have a claim. This means that you can submit a wage claim to report the employer and request payment for all unpaid overtime. The Labor Commissioner’s Office is responsible for reviewing and investigating these complaints so that eligible employees can receive the wages they are owed.
While filing a claim, you will be required to provide evidence of the hours you worked and the pay you did not receive. This can be shown via timesheets and pay stubs, as well as documentation showing your employment status. This information will be reviewed during the following settlement conference negotiations. They can also be used during a wage claim hearing if both parties are unwilling to settle. After a decision has been made, you will either be able to recover your overtime pay, or you can appeal the decision if the ruling was not in your favor.
Recover Your Overtime When You Exercise Your Rights
When you do not receive the wages you are owed for working overtime, it can be stressful and frustrating. You are legally entitled to receive this compensation under state law, and when it is withheld from you, you can exercise your right to take action. Elite Employment Law can help you determine your eligibility and navigate the claim process so you can recover the overtime pay you are owed in California.