FAILURE TO PAY OVERTIME
Overtime work is work performed in excess of 40 hours a week. According to a recent poll almost half of the California workforce is working 50 hours or more. Often, families need members to work overtime in order to maintain a reasonable standard of living; but working long hours to make extra money takes its toll on people, often causing fatigue, stress, and disruption of family life.
LAW REQUIRES OVERTIME PAY
State and federal law requires that overtime work be compensated at a higher rate of pay than work performed within the standard 40 hour work week. In California, this means that workers get paid one- and-a-half times their usual rate for work over 40 hours in a week or over 8 hours in a given day, and twice their normal hourly wage for every hour over 12 hours on any regular workday or over eight hours on the seventh consecutive workday in a week. These regulations apply to everyone with the exception of administrators, professionals, and executives.
MISCLASSIFICATION TO AVOID PAYING OVERTIME
A common practice in the California business world is for employers to wrongly classify regular workers as administrators and managers in order to demand more hours of work without paying overtime. Both state and federal laws have strict requirements that employees must meet in order to be exempt from overtime pay. Our lawyers will gather documentation and analyze payroll records, job descriptions, and other evidence to demonstrate that the employer improperly calculated overtime or denied overtime payment by deliberately misclassifying workers.
PENALTIES FOR FAILING TO PAY OVERTIME
The fines for not paying overtime as required by law are significant, with the intent of making sure employers will never do it again. The employment attorneys at Haeggquist & Eck will fight for your right to full compensation for the work you have done, including the overtime that was due, interest on the unpaid wages, and other penalties. Furthermore, in California, your employer will have to pay your attorney’s fees if you demonstrate that you have been deliberately underpaid. This allows us to accept your case on a contingency fee basis, so you do not have to pay your lawyer anything out of pocket.
SAN DIEGO EMPLOYMENT ATTORNEYS CAN HELP YOU GET BACK OVERTIME PAY
If you are working overtime and not getting paid what you deserve and the law mandates, why not get the best representation by one of the most respected employment law firms in the state? With reliable and hard-working attorneys who have spent years serving the needs of San Diego workers, you can feel confident that we will do everything the law allows to ensure that you will be fully compensated for your unpaid overtime. In our law practice, we believe that every employee has the right to fair treatment and full compensation for their work.
Call Haeggquist & Eck today for a free, no-obligation consultation with our seasoned San Diego labor law attorneys about your lack of overtime compensation. You work too long and too hard not to get the pay you deserve, and we will work diligently on your behalf to see that you get it.