Common Overtime Violations

Employment Class Action Lawyer Serving California

In California, employers are required to pay overtime to all nonexempt employees who work more than 40 hours in a workweek or more than 8 hours in a day. Although the specific regulations regarding overtime may vary, that is the basic principle that serves to protect employee’s rights in these situations. When an employee works more than 8 hours in a day or more than 40 hours in a week, his or her employer is supposed to pay that employee one and a half times the normal hourly rate for the overtime worked. Unfortunately, some employers attempt to avoid paying overtime by engaging in particular unlawful practices.

The most common overtime violations occur when an employer misclassifies employees or uses “creative” timekeeping practices to avoid paying overtime.

Misclassifying Employees

In misclassifying an employee, an employer would designate an employee as a salaried employee or perhaps an independent contractor in order to ensure that he or she was ineligible to receive overtime pay. Under California law, hourly employees and certain others only in particular situations are entitled to overtime pay.

Deceptive Timekeeping Practices

Restricting employees’ lunch hours or not allowing breaks may be other ways for an employer to encourage or force employees to work more hours in every day, thus violating overtime laws. In this way, employees may be entirely unaware that they are working more than 8 hours in a day or more than 40 hours in a week.

If you believe that you are owed overtime pay or are not being paid overtime when you should be, contacting a California employment attorney at the R. Rex Parris Law Firm is an important step to take. You may be owed an extensive amount of overtime pay, and with our help you can recover the money you are owed. Our firm represents clients in wage and hour claims throughout California community.

Contact a California overtime claim lawyer at our firm today!