Fighting Back Against Overtime Violations
Glendale Employment Lawyer Standing by his Clients
In the state of California, it is common to hear about employees who did not receive pay for overtime. There are a number of different reasons that this can occur, but the bottom line is that it is illegal to deny wages if you are entitled to them. Our Glendale lawyer can assist you, no matter what occupation you are working--whether your workplace is an office, construction or industrial site, or you are a restaurant worker or bartender. If you have worked above your standard hours, you deserve to be paid overtime compensation. You may be uncertain about if you are eligible for overtime pay, which a competent lawyer can discuss with you. When your employer withholds pay from you unfairly, you should consider retaining the services of a Glendale employment law attorney from The Law Offices of Haig B. Kazandjian.
California Overtime Laws
In the State of California, employees are entitled to overtime pay if they work more than eight hours per day or 40 hours per week. The same goes for employees who are paid a salary, are considered independent contractors, or part-time employees. The laws do not differentiate who is entitled to overtime pay based on the employee’s day-to-day duties, position, or title. Only those who are considered “exempt employees” would not be eligible to receive overtime pay.
What Is an Exempt Employee?
You will need to determine whether you are considered an exempt or non-exempt employee to determine if you should be paid for overtime. If you are already aware of your classification and that you should be receiving overtime compensation, such as if you have paperwork outlining your position, you may have grounds for a lawsuit. You will need a competent and knowledgeable lawyer to represent you and guide you toward the most appropriate procedure.
An employer may fail to pay you overtime as a result of:
- Mistaken misclassification
- Intentional misclassification
An exempt employee is often classified as an employee who works at the “executive,” “administrative,” and or the “professional level. The executive exemption typically means that person is paid at least $640 per week and often holds many different types of responsibilities, such as managing others.
These are the factors that qualify someone as an executive exempt employee:
- Manager of the company or a recognized department within the company
- Directly manages the work of at least 2 subordinates
- Has the authority to hire or terminate employment
- Can exercise his or her own authority to make business decisions
- Spends at least half of the time performing any of the above duties on a day-to-day
These factors qualify an employee under the professional exemption:
- Holds a license in the State of California in an area such as medicine, law, or accounting
- Holds a master’s degree or higher, and is working in a field that requires that level of degree
- Working in an artistic field. Some examples include a technical writer, screen writer, actor, or an artist
- Can exercise independent judgment within the scope of his or her job
- Is paid a minimum base salary
The last exemption is the administrative exemption. Administrative employees serve to coordinate and support the overall operations of the business.
Some examples of industries where you will find an administrative exempt employee:
- Human resources
- Tax-related employment
- Legal services