Unpaid Overtime and Wages
Lawyers for Justice, PC fights for the rights of employees who have unpaid overtime or other unpaid wages.
Our legal team holds employers accountable for all state and federal wage/overtime laws. Having settled
claims for thousands of cases, Lawyers for Justice, PC will fight for you.
Unpaid Overtime Attorneys in California
Serving clients in Los Angeles and throughout California, Lawyers for Justice, PC is here to protect all workers’ rights. Our attorneys can handle wage and hour disputes if your employer is withholding pay that you earned. Unfortunately, companies all too often violate laws intended to protect workers and ensure they get compensated fairly and on time. Employers are required by the California Labor Code and the Fair Labor Standards Act (FLSA) to pay wages earned for overtime. If they don’t, they may incur stiff penalties and other damages.
Our attorneys are some of the best in California at handling employment legal matters. Have you not been paid regularly or for overtime? Has your employer not paid you for breaks or denied unused vacation pay after departure (via termination or a voluntary leave)? Our legal team can help hold your employer liable for any unpaid overtime or wage violation.
Common Overtime Issues
Some of the most common overtime issues our attorneys see involve:
- Exempt Executive, Administrative, and Professional Employees: Misclassifying an employee as exempt when they are in fact entitled to overtime pay is against the law. Executive, administrative, and professional employees are exempt from overtime and minimum wage provisions. Independent contractors, seasonal employees, and volunteer workers are as well.
- Off the Clock Work: If an employer was aware of, or should have been aware that an employee worked hours before punching in and after punching out on a time clock, compensation must be provided for the time worked. Some companies might exercise such behavior for financial benefits. An overtime lawyercan help demonstrate the employer knew an employee was working off the clock and to hold the company legally responsible.
- Piece-Rate Workers: Some employers pay employees by the piece instead of by the hour. These workers must be paid overtime for any hours worked in excess of 8 hours in a day or 40 hours in a week. Piece rate pay structures are common in trades such as the construction, HVAC, electrical, plumbing, and furniture industry.
- Rest Periods: By law, rest periods must be included in working hours. If you worked 8 hours and took two 10-minute rest breaks and the breaks were not included in the 8 hours of work time, you would receive 20 minutes of overtime pay. While meal breaks must be provided, they are generally not considered part of working hours under federal law if work duties aren’t performed during meal time.
- Travel Time: Travel time during work hours or otherwise at the request of the employer must be compensated for in California. If your employer refuses to pay you for this time, it is against state law and you should consult with a wage and hour attorney for help.
California Overtime Laws and Requirements
Under the FLSA, you must be paid at least one and a half times your normal working wage for any hours exceeding 8 hours per day or 40 hours per week. Most employees in California qualify for overtime pay. It is illegal by state law to pay someone less than the minimum hourly wage. Failing to pay overtime, for breaks, and for every hour worked is also illegal. So is using tips to provide overtime pay (overtime pay must be distributed as separate pay). If your employer engaged in any of these activities, you are entitled to collect overtime owed to you plus additional compensation awarded based on possible penalties against the company.
Other state wage/overtime requirements include:
- 30-minute meal break in the first 5 hours of your shift
- Second meal break after 10 hours of work.
- A 10-minute rest break every 4 hours.
- Double time paid after 12 hours on a shift (or if worked for 4 consecutive weeks without a day off).
- Pay is due every 15 days, upon termination, or 72 hours after an employee quits.
Recovering Unpaid Wages for Overtime
A company is covered under the FLSA if it has an annual revenue of $500,000 or more, while California overtime law also covers small or family-run businesses. You are entitled to file an individual wage claim if you were not paid in full or at all. Claims can help you recover wages not paid due to insufficient funds, accrued due to unused vacation time, and as business expenses you were never reimbursed for. In addition to overtime compensation, you can receive unpaid commissions and bonuses as well as interest.
If you’ve been the victim of a wage or overtime violation, consult with an employment lawyer at Lawyers for Justice, PC. Working with a reputable attorney increases your chances of recovering unpaid wages. Pay stubs, timesheets, an employment agreement, or other piece of information can help determine if you worked beyond the allowable number of hours and have not received overtime. Whether it’s to provide advice or file a claim, Lawyers for Justice, PC can help determine the next best possible step.
Contact Lawyers for Justice, PC Today for a Free Consultation
Contact us today if your employer has not paid overtime or other wages due to you. We can help hold them accountable per state and federal law. Attorneys at Lawyers for Justice, PC are knowledgeable in employment law and skilled at gathering facts and filing complaints on employment matters. Call (818) JUSTICE or (818) 587-8423 today to receive a free case evaluation.
YOUR BEST Southern California EMPLOYMENT LAW FIRM
If you haven’t been paid the wages you deserve, have been harassed at work, or have been wrongfully terminated, we provide the legal advice and representation you need. At Lawyers for Justice, PC, our team understands every detail of state and federal labor laws, including the Fair Labor Standards Act (FLSA), which covers minimum wages, overtime pay, and recordkeeping. We’ve recovered millions of dollars in damages. Our attorneys have taken on the most complex of cases including mass torts and class action lawsuits involving California’s largest employers.
Why lawyers for justice
The law provides employees with rights they can exercise in a wide range of circumstances. Unfortunately, not all companies abide by their legal obligations or treat all employees fairly and equally. All too often, workers are terminated, harassed, discriminated against, or have their wages reduced or career opportunities blocked for the wrong reasons. People who put all their energy into their professions rarely have the legal know-how to fight their unscrupulous employers.
That’s what Lawyers for Justice, PC, is here for. You have the right to sue your employer for any type of discrimination, whether its denial of a job, a change in the terms of your employment, or wrongful termination due to qualities known as “protected classifications” (age, race, gender, etc.) or exercising your legal duties to report illegal activities or unsafe conditions. We represent workers who have been treated unfairly and get them compensated for lost wages and the hardship brought on by their employer’s actions.
Our litigation professionals have extensive experience in representing clients in all types of employment and labor law cases. We’ve won huge class action lawsuits ranging from unfair business practices to consumer fraud. If an employer violates California’s Labor Code, Business and Professions Code, or federal employment laws, we can protect employees’ rights and entitlements, in many different industries.
Lawyers for justice attorneys
Founder of Lawyers for Justice, PC, Edwin Aiwazian established the law firm to provide workers with a voice and platform to speak up and assert their own rights. He graduated Pepperdine University
Joanna Ghosh is a Senior Attorney at Lawyers for Justice, PC, and represents workers in class and complex wage-and-hour matters. She is a member of the California Employment Lawyers Association.
So What Are You Waiting For?
Injustice is no match for our team. Whether seeking legal advice on potential harassment or wage and hour violation, or are part of a class action lawsuit, you’ll have a strong team behind you. Over the years, we’ve recovered millions of dollars on behalf of California employees. Schedule your free consultation today!