The employment laws in California have various legal provisions to safeguard the rights of employees. That includes ensuring that they receive proper compensation for the amount of work they do. If your employer requires you to work more than the regular eight hours a day or 40 hours a week, they must pay you for the overtime hours you put in. A failure to do so on their part amounts to wage theft, and you are entitled to take legal action against them to recover the compensation they owe you.

It might be a good idea to search online for “overtime lawyer Los Angeles” and consult a competent lawyer if you are in a situation where your employer is not compensating you for your work or giving less compensation than you deserve.

Understanding the overtime law in California

If you work in California and are a non-exempt employee, your employer has to pay you one and a half times your regular pay for any overtime work you do. As already mentioned, working more than eight hours a day or 40 hours a week counts as overtime work. Working for eight hours on the seventh consecutive workday in one workweek is also overtime. If you work more than 12 hours a day or more than eight hours on the seventh consecutive workday in one workweek, you are entitled to receive twice your regular pay.

To understand how this works, let us assume that you earn $14 per hour at your job. So, when you work the regular eight hours a day, your payment is $14 x 8 = $112. If you work for four hours longer, it becomes overtime work, and your overtime compensation is $14 x 1.5 x 4 = $84. If you work for two hours more, that is more than 12 hours, and you get double pay. That is $14 x 2 x 2 = $56. So, you have worked a 14-hour day and received $252 in total compensation.

Safeguarding your rights as an employee

To make sure that your employer is not engaging in wage theft and that you are receiving the compensation you are due, you can do the following:

• Track your daily work hours and maintain a record of when you start work, take breaks and leave.

• Keep an accurate record of all the extra hours you work for your employer.

• Check if your record matches the employer’s on the payment stub.

• If the employer’s record is incorrect and they owe you wages, inform them at once. In case it is a genuine error or oversight, they may correct it and pay the proper compensation as soon as possible.

If they are deliberately withholding your overtime pay, you can contact the Labor Commissioner’s office and file a claim to get the wages. You can also run a search for “overtime lawyer Los Angeles” and consult a knowledgeable lawyer.

• File your claim as soon as possible, preferably within three years, since there can be legal time limits for filing claims. You will also have a better chance of proving your employer has not paid you when you file the claim immediately.

Worried about retaliation from your employer?

Many employees hesitate to take legal action for fear of retaliation, but the California employment laws protect you from any illegal acts on the part of your employer. They cannot retaliate against you for asserting your rights and asking for overtime pay or filing a legal claim to get the overtime pay. They cannot threaten you, fire you, give you undesirable work or shifts, or prevent you from finding another employment.

Hiring an overtime lawyer

When it comes to hiring an overtime lawyer Los Angeles based employees can get recommendations from family and friends or search online to find a competent and experienced attorney. You can visit their website to get an idea about the types of cases they handle, their educational qualifications and legal experience, and to contact them to schedule a consultation. Many lawyers offer a free initial consultation during which they will assess your case and decide if you have the grounds to take legal action against your employer for not paying you the proper overtime.

The employment laws in California specifically prohibit workplace harassment and require employers to support the rights of employees. Nevertheless, there are reported cases of employees experiencing some form of harassment at their workplace at some point. Such harassment can get out of hand and turn the workplace into an unpleasant, hostile environment. If you have experienced harassment in your workplace, you may want to search online for “workplace harassment lawyer near me” and get legal counsel. A competent lawyer can advise you on whether your situation fits into the legal definition of workplace harassment and the steps you can take.

What is workplace harassment?

Workplace harassment is a form of employment discrimination. It may comprise abusive speech, rude conduct, and discriminatory behavior based on age, gender, race, color, religion, ethnicity, national origin, disability, or health condition. It can include insults, put-downs, name-calling, slurs, offensive jokes, ridicule, mockery, intimidation, threats, and physical assault. Sending vulgar messages, pictures, and objects can also constitute workplace harassment. Deliberate interference with or sabotage of work performance is workplace harassment too.

From the legal perspective of the Equal Employment Opportunity Commission (EEOC), workplace harassment becomes unlawful in the following circumstances:

• The victims must endure the offensive behavior if they want to keep their job. If they speak out or protest, they might get fired.

• The harassment is so severe and pervasive that it has led to an abusive, hostile and intimidating work environment.

What causes workplace harassment?

There can be various causes for workplace harassment. The principal one is that the perpetrators think they can get away with it and face no consequences. Often, the people engaging in harassing behaviors in the workplace are people in positions of authority or those aligned with authority figures. They may be supervisors, managers, senior executives, co-workers, or contract workers.

How to prevent workplace harassment?

Taking steps to prevent workplace harassment is the best measure for everyone concerned. The following may help to prevent workplace harassment:

On the part of the employees

It may make a difference if employees know their legal rights. In California, the Fair Employment and Housing Act (FEHA) prohibits workplace harassment. Engaging in such behavior is also a violation of the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and Title VII of the Civil Rights Act.

Since harassment often begins with minor incidents, it might be advisable to nip these in the bud. If anyone makes offensive comments, let them know at once and in no uncertain terms that you find their behavior unacceptable and that you will appreciate it if they do not repeat it. Many people will not bother you if they know you can stand up for yourself.

If the behavior persists, inform your supervisor and make a formal complaint to the HR department. You may also want to gather evidence of the harassment and search for a “workplace harassment lawyer near me” to be ready if the situation escalates. You may have to file a legal complaint with the EEOC if it does or sue your employer for harassment and take the matter to court.

On the part of the employers

By law, employers are automatically liable for workplace harassment by supervisors and employees that results in job termination, lack of promotion, or wage losses. They are also held responsible for harassment that leads to a hostile work environment. If they want to avoid liability, they must prove that they tried to stop the harassment. It may be by taking prompt action against the perpetrators or showing that the victim of the harassment did not inform them of the harassment and did not avail of the anti-harassment measures they had in place for their employees.

Rather than let things reach that stage, the employer needs to take proactive steps to prevent workplace harassment. They can inform new and existing employees that they will not permit offensive and harassing conduct in the workplace. They can also initiate anti-harassment training programs for all employees, tell them about the official procedures to follow in case of harassment, and take immediate corrective measures. Additionally, employers must foster a safe work environment where employees feel comfortable voicing their opinions and concerns.

U.S. federal law and the employment laws in California have several minimum hourly wage laws to protect non-exempt employees in the state. However, as these laws frequently change and are complicated, it can be difficult for employees to figure out the exact minimum hourly wage that their employers must pay them. Some employers may take advantage of this to underpay or avoid paying their employees for the work they have done.

By hiring a wage and hour attorney Los Angeles employees can figure out if their employer has violated a federal or state law and explore options to challenge the employer’s illegal conduct.

Minimum wage laws in California

As per the Federal Labor Standards Act, employees must receive $7.25 as a minimum hourly wage. The California Labor Code requires employers with 25 or fewer employees to pay their employees $12 as the minimum hourly wage. If an employer has 26 or more employees, they must pay them $13 as a minimum hourly wage. Then there is the Los Angeles Living Wage Ordinance, according to which employees in Los Angeles must receive $15 as minimum hourly wage from their employers.

It may seem straightforward, but there are specific exceptions, exemptions, and requirements for each of these laws. Employers must generally follow the one that affords maximum wage benefits to their employees. If you have concerns that your employer is not abiding by these laws, it is advisable to get expert legal counsel. Search online for “wage and hour attorney Los Angeles” to find an experienced and competent lawyer.

How a wage and hour attorney can help you

With their experience in different facets of employment law, a wage and hour attorney understands that the minimum wage laws in California can vary in their application. It is essential to calculate the minimum hourly wage for each employee according to their particular work situation. For instance, the employer must take into account the statutory minimum wage and if there are any applicable sub-minimum wage provisions. They must also consider if there are any applicable credits or any split-shift premium due to the employee.

Before hiring a wage and hour attorney Los Angeles residents can approach them for a complimentary case evaluation. They will review your specific case and determine if:

The employer has not paid a minimum hourly wage

You have received less pay than the legally prescribed minimum hourly wage. For instance, your employer might pay you the federally mandated $7.25 per hour but ignore the higher hourly pay required by the California Labor Code or the Los Angeles Living Wage Ordinance.

The employer has not paid overtime work

You have not received compensation for overtime work. Any work that you do for your employer must be compensated for properly, whether it is on their premises or off their premises. So, you must be paid for the time you spend checking emails, being on-call, cleaning office equipment, preparing office equipment, taking a training class, undergoing security checks, and other work-related matters.

The employer has miscalculated weekly overtime pay

You have not received the correct amount of weekly overtime pay. For instance, if you work for 50 hours in one week and 60 hours in the next, you must be compensated for the hours you worked overtime. Instead, some employers calculate the average of the hours and try to cheat you out of the overtime pay you deserve.

The employer has misclassified your work status

Your worker status is misclassified as exempt or an independent contractor to avoid paying you the correct dues. By such misclassification, the employer can avoid paying you for all the hours you have worked overtime.

There are also other forms of wage theft that employers may engage in, and that is why you need a wage and hour attorney to look after your interests.

If there has been a wage and hour violation on the part of your employer, the wage and hour attorney will take on the case, collect the necessary evidence against your employer, and help you file a lawsuit. Depending on how the case goes in court, you may be able to collect compensation for unpaid wages for up to three years and additional damages.

As any overtime lawyer in Los Angeles will inform you, California has some of the most stringent employment laws in the United States. If you are legally allowed to work for a business, company, or organization in the state, you have various employee rights guaranteed by law. That includes the right to receive overtime wages from your employer.

What are overtime wages?

Overtime wages are the payment you are entitled to receive from your employer for working longer than the prescribed amount of time in a day or a week for your regular job. For instance, you might stay on after the end of the workday to put away equipment, or you might show up early at the workplace to set up equipment. As this constitutes work done for the employer, you need to be compensated for it.

Who is eligible for overtime wages?

You are eligible for overtime wages if you put in more than your normal hours during a workday or a workweek and are a non-exempt employee, aged 18 or above, and legally permitted to hold a job in California.

You won’t be eligible for overtime pay if you are an exempt employee, a unionized employee, an employee with an alternative workweek schedule (four weekdays of 10 working hours each), or an independent contractor. Also, if you hold a full-time white-collar administrative, executive, or professional position with a fixed salary and earn at least twice the minimum wage, you are not entitled to receive overtime pay.

When can you get overtime wages?

You are entitled to receive overtime wages if you work more than your regular work hours. For most people, who work full-time and receive hourly wages, a full-time workday constitutes working for eight hours in a single day and a full-time workweek is working for 40 hours for six consecutive days. If you work longer than eight hours in a single day or for longer than 40 hours in a single week, your employer must pay you overtime wages.

Please note that you only have an overtime wage claim if you work eight hours in a single day, not eight hours spread across two days. Also, 40 hours per week is for six consecutive days in the same week. For instance, from Monday to Saturday. Not for hours that spill over from one week to the other, such as from Wednesday to Tuesday.

How much overtime pay can you get?

In California, as per the wage and hour law, if you work longer than your scheduled eight hours per day or your scheduled 40 hours per week, you can get overtime wages that are one and a half times your regular hourly pay rate. However, your employer must pay double that when you work longer than 12 hours on a workday or if you work for more than eight hours on the seventh consecutive day of the week.

What can you do if your employer refuses to pay you overtime wages?

According to the wage and hour employment law, employers must pay you the overtime premium if you have worked for long hours in a day or a week. They are legally prohibited from withholding your overtime wages. Some employers might, nevertheless, try to violate the law and cheat you out of your rightful earnings. This is known as wage theft.

The amounts may be small but could add up to something substantial over time. So, it isn’t something you should ignore. It may help to speak to your employer and ask them to pay what they legally owe you.

If that doesn’t work, you may need to consider hiring an overtime lawyer in Los Angeles and taking legal action. Many employees tend to shy away from that option, thinking it might be too expensive or that their employer might retaliate against them. However, you don’t have to worry about those issues.

Firstly, many lawyers take cases on a contingency basis. That means you only have to pay them after they win the case and you get awarded damages. As per California’s wage and hour law, if you win the case, your employee also must pay your attorney’s fees. Additionally, they cannot retaliate against you.