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Many employers exploit their workers by violating their employment rights concerning their wages and overtime. That’s why it is crucial to understand overtime laws and how federal and state regulations protect workers' rights. Unfortunately, many employees are unaware of their eligibility or what to do if they don’t receive their overtime pay. That’s why it’s important to ask yourself questions like: Does your employer routinely ask you to work off the clock to avoid paying overtime? Are the hours you work being properly accounted for? Are you being paid less than minimum wage? And does your employer classify you as a manager to deny you overtime? If you answered yes to any of these questions, your employer may be cheating you out of your wages and violating the law. At The Gould Firm, our San Diego wage and hour lawyer will pursue your employer to recover monetary damages, like lost wages, penalties, interest and attorney’s fees you may be entitled to. Our firm believes that all employees deserve to be treated fairly and paid for all the hours they have worked.
Overtime is considered any extra time working beyond a standard workweek and getting extra compensation for that time. According to the Fair Labor Standards Act (FLSA), overtime pay kicks in when an employee works more than the standard 40-hour workweek. When an employee does work overtime their pay is typically 1.5 times their regular hourly rate, which is referred to as “time and a half.” Employees should note that some states, like California, also mandate overtime for working more than 8 hours in a day.
Understanding whether you are a non-exempt or exempt employee is crucial to knowing if you qualify for overtime, as not all employees are eligible. Non-exempt employees are typically hourly workers who qualify for overtime pay under FLSA, as they are protected by federal and state wage laws. While exempt employees are not entailed to overtime pay under FLSA guidelines, as they are salary workers, professionals and executives. It’s important to check both federal and state laws as some laws expand their overtime eligibility to employees.
Here are the steps you can take if you believe you are not receiving the overtime pay, you’re entitled to:
Employers who refuse to pay overtime wages may face legals consequences, including fines, penalties, and being required to pay back wages for up to two to three years, depending on the severity of the violation. Employees also have the right to recover back pay and may be able to claim compensation for the period during which their employer violated overtime laws.
If you believe your employer is violating your rights, reach out to The Gould Firm’s experienced employment law attorneys to help you recover your unpaid overtime wages. Our team will guide you through the legal process and ensure your rights are protected. Do not hesitate to exercise your rights with management, as overtime laws are in place to protect you, and legal action may be necessary. If you are being denied fair compensation for overtime, take action by keeping records, knowing your rights and consulting an attorney. Contact the Gould Firm for a consultation, as we understand how overwhelming it can be to stand up against an employer, and we’re here to support you every step of the way.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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