Do you know what your rights are as an employee for overtime compensation and the amount owed for hours worked? Many workers may not realize that they are eligible to be paid overtime pay. It’s important to evaluate whether you have been shortchanged with your overtime by your employer.

In this blog post, we’ll explain how much money is owed for the extra time worked to ensure you are paid what you are owed and what to do if your employer refuses to pay you correctly.

Understanding the Laws Surrounding Overtime Pay

As an employee, it is important to understand the laws surrounding overtime pay to ensure that you are being fairly compensated for the extra hours you work. Overtime pay is any pay received for hours worked beyond eight (8) hours in one workday or more than 40 hours in a workweek. Under California’s employment and labor laws, an employer is required to pay an employee one and one half (also known as time and a half) pay for the overtime hours. However, the rules surrounding overtime pay usually come down to whether an employee is a non-exempt (many people call it hourly) employee. However, just because you receive a salary, it does not mean that you are entitled to receive overtime. Sometimes employers pay “salaries” to employees but are actually required to pay overtime to those employees.

It’s important to do your research and understand your rights as an employee to avoid any misunderstandings or unfair treatment. That said, California’s labor laws and their effect can be difficult to understand, which is why many people turn to employment lawyers for help. They can help you better understand the law, and by understanding the laws regarding overtime pay, you can ensure that you are receiving the proper compensation that you deserve for your hard work and dedication.

Calculating Your Weekly Work Hours

Do you know how many hours you work each week? Calculating your weekly work hours can be a helpful tool for determining if you should receive overtime compensation. By determining the total number of hours you spend on the job, you can better track whether you are working overtime. Many people rely solely on their employers’ automated timesheets, like swipe card systems, to track their hours. However, they should also track what they work on independently and make a note of overtime on their own. Just like checking your text messages that you exchange with your employer after you clock out, checking your emails that are work related after you have left work, credit card every month for charges that happened after you clocked out but were still working, checking your work hours compared to your paycheck is a great way to ensure you are paid what you’re owed.

Understanding Your Employer’s Overtime Policies

Make sure that your employer’s policies are consistent with California’s labor laws. Simply because the employer has an overtime policy does not mean that it complies with California’s overtime laws. If the policy is not consistent and in compliance with California’s overtime laws, the employee may be entitled to recover unpaid overtime. That may also include penalties owed by the employer. Often times, employers have the employees work “off the clock” which means that the employee has already clocked out of their shift but continues to work. This is a common situation that legally requires the employer to pay overtime, but it is not reflected in the timesheet or time card. The common examples include texting an employee after hours or communicating by email with the employee after hours. Those are examples of when the employee is still entitled to be compensated.

Knowing When You Need to be Paid Additional for Overtime

As an employee, it’s important to know your rights when it comes to overtime pay. Many workers assume that they are entitled to overtime pay after working a certain number of hours in a day or week, but this is not always the case. In fact, there are specific guidelines that employers must follow when determining if an employee is eligible for overtime pay. Some factors to consider include your job classification (exempt or non-exempt), your job responsibilities, and the amount of time you work each day and/or week.

If you’re unsure whether you should be receiving additional pay for your overtime hours, it’s always best to speak with your employer or consult with a knowledgeable employment lawyer who can help you understand your rights and protect your legal rights.

Overall, it’s essential to be informed about your overtime pay entitlements. It is important to know when you should receive overtime compensation so you can protect your legal rights to be paid correctly. Don’t be afraid to speak up and advocate for yourself when it comes to overtime pay – it’s your right, and you deserve to be fairly compensated for all the hard work that you do.

How to File a Claim for Unpaid Overtime Wages

When your employer fails to pay you for the overtime hours worked, it can be frustrating and overwhelming. Filing a claim for unpaid wages can feel like a daunting task, but it’s important to know your rights and take action to ensure that you are fairly compensated for your work.

To file a claim, start by gathering all relevant documentation, such as timesheets, pay stubs, text messages, emails and any other documents to support your claim. Next, you can contact an employment lawyer for assistance. With persistence and the right resources, you can hold your employer accountable and recover the wages you rightfully earned and owed to you.

What to Do if Your Employer Refuses to Pay You Properly for Your Overtime Hours

Working overtime means putting in additional time and effort to get the job done and being compensated accordingly is rightfully expected. However, not all employers comply with California’s labor laws and may refuse to pay employees their overtime pay. This can be a frustrating and stressful situation, but there are steps you can take to handle it.

The best path forward: if your employer refuses to pay your overtime, contact an experienced employment lawyer. They can help you better understand the legal situation, offer advice on how to move forward, and can even help you in the courtroom to fight for what you deserve.

Many people try and fight for their overtime alone. While this can work at times, your chances of getting your overtime pay can go up considerably with the right employment lawyer behind you. That’s why you should immediately contact an employment lawyer if your employer is refusing to pay you overtime.

Who to Call for Overtime Payment Help

If you are owed overtime and need an employment lawyer, then you’ve come to the right place. MC Law APC was founded to fight for employee rights and to get employees the justice and compensation they deserve. Contact us today to start your legal journey and to see what next steps you can take. Schedule your consultation to know how much overtime you are owed.

Workplace harassment is a serious issue that can have a significant impact on employees’ mental and physical health, productivity, and job satisfaction. Whether you are being subjected to verbal, physical, or sexual harassment, it is very important that you address it promptly and effectively. One of the most effective ways to do so is by hiring a workplace harassment lawyer near me who has experience in California employment law and workplace harassment cases. In this blog post, we will highlight five reasons why hiring a lawyer can be a game-changer in dealing with workplace harassment.

• Expertise and Experience

Lawyers who focus on employment law and workplace harassment cases are well-versed in applicable laws and regulations. They have extensive experience in handling similar cases and can understand the nuances of how the employment laws apply to your specific situation. By hiring a workplace harassment lawyer, you can leverage their expertise to ensure that your rights are protected, and the harassment is effectively addressed and ended.

• Legal Guidance and Advice

In addition to their knowledge and experience, employment lawyers provide legal guidance and advice that can be invaluable in dealing with workplace harassment. They can help you understand your rights and protections against harassment, evaluate the strength of your case, and provide guidance on the best course of action based on your specific circumstances.

• Investigation and Evidence Gathering

Lawyers can conduct a thorough investigation into the harassment allegations and gather evidence to help support your case. They have an in-depth understanding of the legal requirements for evidence collection, determine what evidence is important to your case, and assist you with obtaining additional evidence that can help your case. All of this can help strengthen your case and maximize the chances for the best possible outcome.

• Negotiation and Settlement

If the harassment case goes to settlement negotiations, having an employment lawyer represent you is very important. They can advocate for your interests, ensure a fair settlement, and negotiate a reasonable settlement agreement that provides you with protections that aren’t always known to non-lawyers. This can help safeguard your privacy and protect you from future employer retaliation.

• Litigation Support

If the harassment case goes to court, a harassment lawyer can represent you and build a strong legal strategy and case to present your case in trial. They can advocate for your rights and seek the maximized legal remedies. This can not only increase your chances of success, but also ensure that you are protected from any adverse actions taken by your employer. The support of a workplace harassment lawyer near me can make all the difference in a favorable outcome.

Looking for a Workplace Harassment Lawyer Near Me?

At the end of the day, hiring a lawyer is not only wise but also a necessary choice in dealing with workplace harassment. At MC Law APC, we understand the challenges and emotional toll that workplace harassment can bring. Our experienced employment lawyer is here to guide you through the legal process and fight for justice on your behalf. With our expertise in employment law and workplace harassment cases, we have the knowledge and skills to handle even the most complex cases. By hiring an employment lawyer from MC Law, APC, you can be confident that you are taking a proactive step toward addressing the harassment you have faced and protect your rights. Search for a workplace harassment lawyer near me to act now, and let us be your advocates for a safer and workplace free from harassment.

Navigating the complex world of employment law can be a daunting task for both employees and employers. Ensuring compliance with California’s labor and discrimination/retaliation laws, protecting employee rights, and resolving disputes are all essential aspects of maintaining a fair and just workplace. In such cases, seeking help from an experienced employment lawyer is crucial. MC Law APC is a reputable law firm that has a focus on handling various types of employment law cases. This blog will explore the multifaceted role of employment lawyers and guide you in finding an “employment rights attorney near me” to address your employment law problems.

Protecting Employee Rights

Employees have certain rights under both Federal and California employment laws, which are designed to ensure their fair treatment of employees in the workplace. Employment lawyers play a vital role in protecting these rights by representing employees who have experienced discrimination, harassment, retaliation, or unfair labor practices. They also advise on compensation and benefits disputes and help employees secure the proper compensation they deserve. If you’re an employee facing any of these issues, finding an “employment rights attorney near me” can be the first step towards safeguarding your rights and achieving the best outcome.

Assisting Employers with Compliance

For employers, staying compliant with California’s labor laws, anti-discrimination, harassment, and retaliation laws, not to mention regulations, can be a challenging task. Employment lawyers provide invaluable assistance by navigating these complexities and ensuring that businesses comply with these laws. This includes drafting and reviewing employment policies and providing advice and guidance on California’s employment laws to avoid claims and lawsuits by employees for unlawful employment practices. By working with an “employment rights attorney near me,” employers can minimize the risk of costly litigation and maintain a balanced work environment.

Resolving Disputes and Litigation

Employment disputes can be emotionally and financially draining for both employees and employers. Employment lawyers cover all aspects of representing both employees and employers in legal disputes, negotiating settlements and agreements, and handling lawsuits related to wrongful termination, wage disputes, and other employment issues. The expertise of a skilled employment lawyer matters and can make a significant difference in the outcome of these cases. Therefore, finding an “employment rights attorney near me” is important for both employees and employers seeking to resolve disputes quickly, efficiently, and fairly.

Employment Rights Attorney Near Me

The role of employment lawyers is indispensable in maintaining a fair and just workplace for both employees and employers. From protecting employee rights and ensuring compliance with California’s labor and employment laws to resolving disputes, the expertise of an experienced employment lawyer is invaluable. MC Law APC is committed to providing exceptional legal services relating to California’s employment law, making it an ideal choice for those seeking an “employment rights attorney near me.” Whether you’re an employee facing workplace challenges or an employer striving to maintain a compliant and harmonious work environment, partnering with a skilled employment lawyer can help you achieve the best possible outcome.

As an employee, one of the most frustrating things you can experience is not getting paid for the work you have done. Unpaid wages can cause a significant amount of stress and financial strain.  In addition, it can be challenging to know what steps to take to recover your unpaid wages.  This is where the search for “unpaid wages lawyers near me,” such as Mark Charles Law APC, comes in.  They can offer the experience, skills, and resources to help ensure you get paid the wages you are owed.

Common Unpaid Wages Scenarios for Employees

Unpaid wages can come in many forms.  However, the most common form is not paying a non-exempt (also known commonly as “hourly”) employee properly.  Here are some common examples:

1. Overtime violations – California law is clear: employers must pay one and a half times (1.5) an employee’s “regular rate” (also known as the effective “hourly rate”) if the employee works more than forty (40) hours per week or more than eight (8) hours per day.  An employee is entitled to double the “regular rate” for work more than twelve (12) hours per day [Labor Code section 510(a)].  Common employer mistakes include not paying an employee overtime for more than eight hours worked in a single day because the weekly total number of hours was under forty hours in a week.  Another mistake is forcing an employee to work additional time after the employee has “clocked out” or is required to work off the clock.  The requirement of the employer to pay an employee overtime is whether or not the employer knew or should have known overtime was worked.  If your employer is not paying you overtime when you are entitled to it, you may have an unpaid overtime claim.

1. Minimum wage violations – As of January 1, 2023, the minimum wage in California is $15.50 for all employers, regardless of the number of employees.  [Labor Code section 1182.12(c)(1); see also www.dir.ca.gov, “Minimum Wage”].  It is also important to note that some California cities have required higher minimum wage amounts than California.  For example, the City of Los Angeles is $16.04 (and will increase to $16.78 in July 2023) and the City of Pasadena is $16.93.  If your employer is not paying you the minimum wage, you may have an unpaid minimum wage claim.

1. Misclassification of employees – Some employers misclassify their employees as “independent contractors” when they should have been treated as an employee to avoid complying with California’s labor laws, maintaining workers’ compensation insurance, and employer taxes.  California law presumes an individual is an employee, rather than an independent contractor.  [Labor Code section 2775(b)].  Employers will also misclassify an employee that is paid a “salary” and not comply with California’s labor laws by paying overtime compensation or providing meal and rest periods.  If you have been treated as an independent contractor or “salaried” employee and it was improper, you may be entitled to unpaid wages and meal and rest time premium under California’s labor laws.

1. Failure to pay all hours worked – Some employers fail to pay employees for all the hours they have worked, even though the wages are owed.  Common examples of failing to pay for all hours worked include the failure to pay for hours that are worked “off the clock,” failure to pay for time an employee spends preparing for or wrapping up their shifts (“donning and doffing”), failure to pay commissions owed at the time of the end of employment, meal and rest time premiums, and failure to pay all wages owed at the time the employment is terminated.  If you believe that you have not been paid for all wages owed, you may have an unpaid wages claim.

1. Failure to provide breaks and meal periods –  Nonexempt California Employees are entitled to an uninterrupted thirty (30) minute meal period that must be taken within five (5) hours of work and another thirty (30) minute meal period when working more than twelve (12) hours in one shift.  [Labor Code section 226.7]  Non Exempt California employees are entitled to a ten (10) minute break within every four (4) hours of work (two 10 minute breaks for an eight-hour shift).  If your employer is not providing these breaks and meal periods or preventing you from taking those breaks, you may be entitled to penalties from the employer.

Remedies for Employees who have Unpaid Wages

California has several laws in place to protect employees from unpaid wages by their employer. Below are some of the remedies that employees can seek from the employer for the different types of Labor Code violations:

1. Payment of Unpaid Wages – Employees can recover wages due and owing, whether they be for base pay, overtime or minimum wage.  For employees that did not receive the unpaid overtime or were not paid minimum wages, they are entitled to recover interest.  [Labor Code section 1194]

1. Penalties – Depending on the situation, employees can recover penalties from the employer for the failure to pay the proper wages.  For example, if an employee is not paid all wages at the time of termination, they can recover waiting time penalties for up to thirty (30) days of a full days’ worth of pay.  [Labor Code section 203].  The timing of how that is calculated can differ if the employee is fired (all wages due are owed on the same day) or if the employee quits or resigns (72 hours within quitting or resigning).  Employees that were not paid minimum wages during their employment can also recover liquidated damages.  [Labor Code section 1194.2]  In those situations, the employee is entitled to recover “in an amount equal to the wages unlawfully unpaid and interest thereon” for failure to pay minimum wages.  For non Exempt employees that did not receive their proper meal and rest breaks, they can recover one hour of the employee’s “regular rate of compensation.”  [Labor Code section 226.7]  There are time limits for recovering penalties from an employer, so it is important to consult an unpaid wages lawyer promptly to protect these rights.

1. Attorney’s Fees –  A successful employee who pursues a wage claim against their current or former employer case may seek an award of reasonable attorney’s fees and court costs. [See Labor Code sections 218.5(a), 1194(a); On-Line Power, Inc. v. Mazur (2007) 149 CA4th 1079, 1086, 57 CR3d 698, 703—§ 218.5 applies to wage claims by all employees, including salaried corporate executives.  The attorney’s fees cannot be shared with the employee, but they are very helpful in getting the employer to pay the unpaid wages to the employee.

Why Do You Need Unpaid Wages Lawyers Near Me?

When an employee feels that their rights have been violated by their employer, the employee should consult a wage and hour attorney in Los Angeles at the earliest opportunity.  Time is of the essence because there are precious deadlines that can expire if an attorney is not contacted and these rights are not understood.  Employees in Southern California rely on Mark Charles Law APC for help.  We focus and limit our practice almost exclusively on employment law, making us the firm of choice for clients in Southern California, including Pasadena, Ontario, Rancho Cucamonga, and Pomona.  Our many years of experience and our aggressive approach are respected by clients and productive in the courtroom.  We are dedicated to fighting for the rights that each of our clients deserves. Contact the Mark Charles Law APC and speak with a wage and hour attorney in Pasadena.  We offer a free consultation and often represent employees on a contingency fee basis so that employees can secure top notch representation without upfront fees or costs.  Contact us today and find out more.