Carson Overtime Claims
Located in the south bay region of metropolitan Los Angeles, Carson is 19 square miles. As of the 2010 census, the city has a diverse population of roughly 91,714. Many health care and manufacturing companies do business in Carson. Nonexempt employees in the city are entitled to overtime under California law. Unfortunately, not all companies adhere to these rules. Some don't know what the overtime laws are or how to calculate overtime, while others don't pay overtime properly in hopes of saving money. Whether you've noticed you're not making as much as you think you should be making for all the hours you work, or you realize your employer isn't paying overtime, you should call the seasoned Carson wage and hour lawyers of the Calderone Law Firm.Overtime
Under California law, a workday is any consecutive 24-hour period that starts at the same time each calendar day, but it can begin at any time of day. Employers are entitled to establish different workdays for different shifts. Employers need to establish the day that starts your workweek in order to accurately calculate your overtime. If you work beyond 8 hours in a single workday, you should be paid overtime at a rate of 1.5 times (time and a half) your regular rate for the extra hours up to 12. Beyond that in a workday you should be paid double time. Additionally, if you work more than 40 hours in a workweek, you should be paid 1.5 times your usual pay for the extra hours. If you work for the seventh consecutive day in a workweek, you should be paid time and a half for the first 8 hours. You can get double time for any hours beyond the eighth hour on the seventh day in a row you work in a workweek.Exceptions
Specific jobs in Carson, and across California, are excepted from overtime rules. These jobs include onsite construction and those jobs where workers earn at least $1150 per month in a professional, executive, or administrative capacity. In specific industries, flex time and 4-hour work weeks with longer shifts are permitted; these industries include clerical, professional, technical, manufacturing, public housekeeping, and mechanical.
When employees work in administrative, executive, or professional capacities, they are exempt from overtime. These descriptive categories may not be entirely intuitive to a worker. Generally, administrative employees assist management in staff jobs and aren't involved in production. Their work demands independent judgment; for example, a private secretary is not considered exempt for purposes of overtime because no independent judgment is involved. Executive employees are those who supervise and manage at least two people. They typically spend time:
- Adjusting and setting pay rates
- Handling employees' complaints
- Disciplining employees
- Determining techniques for the work to get done
- Keeping records of subordinates' performance.
Professionals are those who have gone through specialized or scientific study and whose work demands regular exercise of judgment.
In California, independent contractors are also not entitled to overtime. However, sometimes companies misclassify workers as independent contractors to avoid paying overtime and other rules that protect workers. Our Carson overtime lawyers are experienced with wage and hour matters and can evaluate whether you’ve been misclassified and are entitled to overtime.Filing a Complaint
If your employer owes you overtime, you can file a complaint with the California Division of Labor Standards Enforcement. However, our Carson attorneys may be able to pursue damages by filing a lawsuit on your behalf. In a successful overtime lawsuit, we may be able to obtain the amount of unpaid wages, interest on those wages, reasonable attorneys' fees, and court costs. California labor law permits you to recover double damages if your employer's violation wasn't in good faith. The liquidated damages include unpaid wages along with interest.Consult a Seasoned Employment Law Firm
You cannot waive your right to overtime. It’s important to keep in mind your employer can discipline you if you violate its policy of working overtime without authorization. However, your employer is required to pay you for all hours you work in accord with the law. If you suspect your employer hasn’t properly followed wage and hour laws, you should call our experienced Carson overtime lawyers. Sometimes companies fail to pay overtime to many employees, and n that case, a class action lawsuit may be appropriate. The Calderone Law Firm is one of the pre-eminent Southern California employment law firms. Mr. Calderone has over twenty years of experience fighting for workers who have not been adequately paid overtime and providing outstanding service. Contact us online or call us at (424) 348-8290.