Virtually all hourly employees are entitled to overtime and many salaried employees are as well. Unfortunately there are employers who intentionally refuse to pay employees for additional time worked. There are also employers who simply do not understand the law and believe they are not required to pay the higher wage. The reason for the employer’s failure does not matter. If you worked more than eight hours in a day or forty hours in a week, and are not paid overtime, then you may be able to recover your extra pay, interest, penalties, and attorney’s fees. Do not make the mistake of thinking there is nothing you can do. Our Santa Ana unpaid overtime lawyers assist workers who find themselves in such a situation. Call today to speak with a lawyer. We also service Anaheim, Irvine, and all of Orange County.
Aggressive attorneys for Orange County employees who have not received overtime pay
The Fair Labor Standards Act (FLSA) requires that employers pay overtime to any employee who works more than eight (8) hours in a day or forty (40) hours in a week. In determining whether one worked more than eight hours in a day or forty hours in a week it is important to include tasks which were performed off of the employer’s premises in addition to any work done on site. The company is required to keep records of hours worked and payroll information. A failure to pay an employee time and a half, for time over eight hours in a day or forty hours in a week , is a violation of the FLSA. An employee who does not receive their fair compensation can possibly recover the money owed, additional penalties paid by the employer, and legal fees incurred in collecting the money.
Unpaid overtime cases may be brought by an individual or through a “ class action” where numerous employees were not fully compensated. Examples of common cases include:
- Failure or refusal to pay overtime wages
- Employers mistakenly believing they are exempt from overtime wage requirements
- Misclassifying employees as exempt from the requirements
- Salaried workers who should receive overtime pay
- Misclassified managerial employees (supervisors, assistant managers or managers) not being compensated
- Misclassified professional employees also not being compensated
Such cases may arise from requiring employees to work off the clock, not counting hours used in re-performing a task, not paying employees for the time they spend waiting to start work, and not paying for “volunteer” overtime in which an employee offered to stay longer. California employees must typically bring an FLSA lawsuit within two years of the employer violation. If the company is found to have flagrantly violated the law then one may be able to go back for a time frame of up to three years.
Our Orange County attorneys aggressively assist those who are owed overtime pay. Once retained we will quickly contact the company and demand that you be fully compensated. If payment is not immediately tendered then we will quickly file a lawsuit on your behalf. Our lawyers will use discovery, the process by which information is gained from the other side, to acquire payroll records, time sheets, company financial reports, and other documentation showing that you should have been fully compensated. If necessary we will take your case to trial and will request the Court to order your legal fees to be paid by the employer. We understand that you have been wronged and we stand ready to assist you. Contact us today.
Santa Ana attorneys servicing Anaheim, Irvine, and Fullerton employees who have been denied overtime pay
An employer owes a responsibility to their employee. If you have been denied overtime pay then this obligation has been violated. Similarly, an attorney has certain responsibilities to their client. We will ensure that these obligations are met. We will make ourselves available to answer your questions, quickly respond to phone calls, and ensure that you know what to expect from the process as your case moves forward. We focus on this area of law so you can focus on the important aspects of life.
We service Aliso Viejo, Anaheim, Buena Park, Costa Mesa, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Ladera Ranch, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Tustin, Westminster, and Yorba Linda.