Long Beach Unpaid Overtime Lawyer

Long Beach Unpaid Overtime Attorney

If you are an employee in California, you deserve to be paid for the overtime work you put in. While most California employers uphold the standards of employment and overtime laws, some take advantage of their employees by finding unique ways to avoid paying overtime. In this case, you may want to contact a Long Beach unpaid overtime lawyer to ensure you receive the compensation you worked hard for. If you’re dealing with any kind of job-related issue, talking to a trusted Long Beach employment lawyer can help you understand your rights and what steps to take next.

You do not have to sit on the sidelines while your employer gets away with nonpayment of wages. Instead, the legal team at the Law Offices of Corbett H. Williams is available to take your case and fight for your compensation. We handle a broad range of employment law claims, with unpaid wages being some of our most common cases.

Employment Law in California

California has some of the most robust employment laws with the intention of protecting employees’ rights. Just as employees have the right not to face discrimination or retaliation, they also have the right to be paid fair wages. The California Division of Labor Standards Enforcement (DLSE) is the office that handles unpaid wage claims as well as all other employment violations.

Overtime Law in California

In California, for employees who are 18 years or older, a regular workweek consists of 40 hours per week and eight hours per day. Any hours worked beyond these thresholds are considered overtime, as well as any time worked over eight hours in one day. If an employee is on-call or on stand-by time, these hours are also compensable. If you work overtime in California, you should be compensated as follows:

• 5 times your regular hourly rate for hours worked beyond eight hours up to 12 hours. You should also receive this rate for the first eight hours worked on the seventh consecutive day of work.
• Double your regular hourly rate for hours worked beyond 12 hours for a regular workday and for hours worked beyond eight hours on the seventh consecutive day.

Who Is Eligible for Overtime in Long Beach?

In California, workers are categorized as either exempt or non-exempt. Exempt workers are excluded from overtime laws and are typically salaried workers in positions of authority. Some examples of exempt employees in California include:

• Professional employees like doctors, lawyers, business owners, and school personnel
• Executive positions, such as CEOs, managers, or supervisors
• Administrative positions, such as salaried administrative positions
• IT professionals like software designers, technicians, and systems analysts
• Certain sales positions

On the other hand, non-exempt employees, who are often paid hourly, are eligible to receive overtime. Some examples include janitors, clerical workers, tipped positions, cashiers, and security guards. Although registered nurses (RN) are in professional positions, they are considered non-exempt employees and are eligible for overtime. Moreover, certain salaried positions are also eligible.

Filing an Unpaid Overtime Claim

If you worked overtime and did not receive compensation, you can file a claim with the Labor Commissioner’s Office. Their Long Beach office is located at 1500 Hughes Way, Suite C-202. There are five main steps in the wage claim process, which are:

• File your claim – You can make your claim online, in person, or via the mail.
• Submit the correct documents – You will need documentation or evidence to prove your unpaid wages, which may be pay stubs, time sheets, etc.
• Attend a settlement conference – You will be required to attend a hearing between you and your employer to attempt to settle the dispute.
• Attend a wage hearing – If you are dissatisfied with the results of the conference, you may schedule a hearing to receive a judgment from a hearing officer.
• Next steps – You may want to appeal the hearing officer’s decision, in which the case goes to the Superior Court. You may want to hire a lawyer, as your case will be heard before a judge.

Possible Settlement for Unpaid Overtime Claims

The settlement you may receive after your unpaid overtime claim depends on your unique case. However, some factors that are involved in your settlement amount include the amount of unpaid wages, how long your employer went without paying you, whether the violation was intentional, the quality of your evidence, and the skill of your employment lawyer.

If you are an individual, you may not receive a massive settlement; however, in cases where several employees’ wage rights were violated, the payout can be substantial. In one case, Amity In-Home Care Services, Inc. was ordered to pay over $2 million in unpaid wages, with $424,809 in unpaid overtime. In this case, the employer was accused of intentionally misclassifying hourly employees as contractors to circumvent paying them their earned wages.

Unpaid Overtime Statute of Limitations

If you are a victim of unpaid overtime, you should act quickly. The statute of limitations for unpaid wage claims, such as unpaid rest breaks or employee self-pay reimbursement, is three years from the date of the violation. After this time period, you may not be able to make a claim and receive the compensation you deserve.

How an Employment Lawyer Can Help

When it comes to unpaid overtime claims, hiring a lawyer may be invaluable, especially for intentional, flagrant fair wage rights violations. You will need to provide documentation of your employer’s negligence, whether it was intentional or accidental, to prove unpaid overtime. Your lawyer can help you correctly identify the documentation you may need, as well as any other evidence that may strengthen your case.

If your case goes to trial, meaning the issue was not resolved in the conference or hearing, you will almost always require the help of a lawyer. If your employer appeals the hearing decision, they will likely hire a lawyer to defend them, so you will need representation, too. A skilled employment lawyer with a deep knowledge of California’s labor laws can protect and defend your rights.

Consult with a Seasoned Employment Lawyer at the Law Offices of Corbett H. Williams

If your employer neglects to pay you your hard-earned overtime wages, do not walk away. Instead, you should fight for the compensation you deserve. The Law Offices of Corbett H. Williams can ensure the law is appropriately applied to your case and that you receive the settlement you deserve. Contact us today for a consultation.