In addition to the requirement to pay the minimum wage to workers, California employers are also required to compensate employees for one and one-half times the regular rate of pay for all hours worked in excess of 8 hours per day and/or 40 hours per week. However, employers in California often ignore their legal duty and deprive non-exempt employees of the proper overtime compensation. Common situations wherein employers fail to pay overtime to employees include the following:
Employers often misclassify employees as “exempt” in an attempt to deprive them of overtime compensation
Certain types of employees, who are classified as exempt employees, are not entitled to overtime pay as guaranteed by the Fair Labor Standards Act (FLSA) and California law. If an employee is classified as exempt (vs. non-exempt) his or her employer is not required to pay overtime compensation. Administrative, executive, and professional employees, outside salespeople and other types of employees may be classified as exempt provided certain conditions are met. The remainder of employees are classified as non-exempt hourly employees and are therefore entitled to overtime compensation.
In an effort to avoid paying overtime compensation, some employers attempt to classify non-exempt employees as exempt. For example, employers often attempt to classify an hourly exempt employee as an “executive” management position despite the employee performing absolutely no management duties.
Other employers require employees to work “off the clock”
In addition to misclassification, some employers force employees to work overtime hours after clocking out for the work day. In fact, employers often require employees to sign written timesheets on a weekly basis which falsely indicate that the employee worked no more than 8 hours on a given workday. This practice is illegal and a blatant attempt to avoid paying overtime compensation.
The Law Offices of Jual F. Reyes is an employment law firm in California that champions the rights of employees who were deprived of appropriate overtime pay. If your employer has failed to provide you with overtime pay, allow our law firm to handle your case in order to obtain the justice you deserve. Call the Law Offices of Jual F. Reyes today for consultation and initial case analysis. Our toll-free number is 877-242-4410. Our offices are located at 1999 Avenue of the Stars, Suite 1100, Los Angeles, California 90067 or 100 N. Brand Blvd, Suite 532, Glendale, California 91203.