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Overtime Violations

Los Angeles Employment Lawyers for Unpaid Overtime Violations

We Handle Individual and Group Wage and Hour Disputes

There are three major ways in which an employer might violate overtime laws:

  • An employer may fail to pay overtime wages at the rate required by California law.
  • An employer may misclassify an employee as exempt (or salaried) and not pay overtime, when the employee should be properly classified as non-exempt and eligible for overtime pay.
  • An employer may demand or allow an employee to work "off the clock" without pay, when the employer should be paying overtime wages.

If you have believe you are entitled to overtime pay but have not received it, the Los Angeles employment law firm of Posner & Rosen LLP may be able to help. Posner & Rosen was founded in 1985. Our attorneys focus exclusively on employee-side employment litigation, especially in the area of wage and hour disputes such as failure to pay overtime.

California's Overtime Pay Law

In California, employees must receive overtime pay at 1.5 times their usual rate whenever they work more than eight hours in a day or more than 40 hours in a week. If employees work more than 12 hours in a day or 60 hours in a week, they must receive double-time pay.

If your employer refuses to pay overtime, we may be able to help you recover wages to which you are legally entitled.

Misclassification of California Employees as Exempt

This type of overtime pay violation affects whole groups of employees and occurs when an employer wrongfully classifies a job description as salaried exempt instead of hourly non-exempt. Misclassified employees earn salaries, with no entitlement to overtime pay, but — based on their job descriptions — should be earning hourly wages with overtime pay.

If you have been misclassified as an exempt employee, we may be able to file claims on behalf of all employees in your position to recover unpaid overtime wages going back several years.

Learn more about exempt versus non-exempt employees.

Working 'Off the Clock' in California

If an employer requires or allows an employee to work past his or her scheduled working hours, California law states that the employer must compensate the employee for the extra time spent on the job. Examples of "off the clock" overtime violations include:

  • You clock out, and then your boss says, "Be sure to mop the floor before you leave." If your boss does not allow you to clock back in, that may be a violation of overtime laws.
  • Your written job duties include making sure the floors are clean in the evening for the start of the next morning's shift. No one is at work to tell you to mop the floor or to see you mop the floor and no one reminds you to mop the floor, but the floor is always clean the next morning. If you perform this work off the clock, you may be owed overtime pay.

Posner & Rosen — Serving California Workers Since 1985

Overtime laws are complex and are also a hot-button issue between employees and employers. If you have questions about possible overtime law violations, call us at 213.389.6050 or send an e-mail.

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