All hourly employees are entitled to overtime pay if they work more than eight hours in a day or 40 hours in a work week. Even many salaried employees are eligible for overtime. Employers may try to get around the law by classifying employees as “exempt” when they are not, or they just refuse to pay overtime altogether. If you believe that you are not adequately being paid for work you perform, you may be able to file a wage and hour claim against your employer.
At Michael Burgis & Associates, P.C., our wage attorneys handle all types of wage and hour cases and other employment law issues for employees throughout Southern California. We will work hard to help you recover the compensation that you are owed.
Failure to pay overtime is only one example where wage and hour disputes may arise. Other employee pay issues can involve:
In addition to minimum wage and overtime laws, employees are also entitled to meal and rest breaks during their shift. If you do not take meal or rest breaks, your employer must pay you for that time.
There are state and federal laws in place that help define how workers should be classified. That is, depending on your job duties you should either be paid by the hour or draw an annual salary, and be properly classified as “exempt” or “non-exempt.”
For example, a secretary who is paid a salary, may still be entitled to overtime pay and meal and rest breaks. Simply paying the secretary a salary instead of an hourly wage does not magically change her classification status for purposes of wage and hour laws. Misclassification of employees is a common occurrence. Whether you are paid hourly or are salaried, we can help determine if you are properly classified and help you recover the compensation you deserve.
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