One of the most common employer wage and hour violations in California is the misclassification of employees as "exempt employees" to avoid paying overtime. The employment lawyers of Posner & Rosen, in Los Angeles, help victims of wage and hour violations receive back payment of wages from their employers.
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, 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
- Two 10-minute rest periods each day
- Double-time pay for working seven days a week
Our law firm represents individuals and groups of employees who have been misclassified. We settled a class action wage and hour lawsuit for $5.5 million on behalf of the employees of a major restaurant chain with 150 stores throughout California.
If you think you may have a case against your employer, call our Los Angeles wage and hour law attorneys at 213.389.6050 or contact us by e-mail.
