Posner & Rosen LLP

California Wage and Hour Law Attorneys

Do I Have an Overtime or other Wage and Hour Claim?

One of the most common employer wage and hour violations in California is the misclassification of employees as "exempt employees" to avoid paying overtime.

Employees can be classified as either exempt (meaning they are not entitled to receive overtime) or nonexempt (meaning that they are entitled to overtime if they work more than eight hours in a day or 40 hours in a week).

In California, you are considered nonexempt (and entitled to overtime) if you perform the production work of the company more than 50 percent of your time, regardless of the title your company gives you. If you are in the kitchen flipping burgers and getting cokes more than 50 percent of the time, you are considered nonexempt even if your job title is "Manager". If you are a claims adjuster for an insurance company and you handle claims and do other production work more than 50 percent of the time, you are considered nonexempt.

In addition to overtime, nonexempt employees are entitled to:

• An unpaid 30-minute uninterrupted meal period.
• 10 minute rest periods twice a day.

Employers often misclassify employees on a systemic basis, which means that the misclassification affects not only you but many other employees as well. The law firm of Posner has handled major class action lawsuits on behalf of employees who similarly affected by employer violations of California's wage and hour laws. We settled a case against a major restaurant chain with 150 stores throughout California for $5.5 million.

If you think you may have a case against your employer, call the California wage and hour law attorneys of Posner & Rosen. We are dedicated to helping you achieve a just and quick resolution of your wage and hour case. We take employment-related problems very seriously and our investigations are driven by our understanding of the injustice many people feel when they experience wage and hour violations.

About Posner & Rosen
Posner & Rosen has provided its California clients with superlative legal advice for over 20 years. During this time, Posner & Rosen has litigated, arbitrated, and mediated many precedent-setting cases. Michael Posner and Howard Z. Rosen are both members of the College of Labor and Employment Lawyers, a professional association honoring the leading lawyers nationwide in the practice of labor and employment law. More about Posner & Rosen.

Contact the California Wage and Hour Law Attorneys of Posner & Rosen.