How Do I Collect Unpaid Overtime from My Job? Do I Need a Lawyer?
Employment laws regulate pay and other employment factors to ensure workers are paid appropriately for their time and treated fairly in the workplace. Among the income factors regulated by employment laws are minimum wage and overtime pay. Despite local and federal employment laws, some employers continually deny workers their due wages.
Unpaid overtime is one of the most common types of unpaid wages. Workers denied overtime pay often wonder how to collect unpaid overtime and whether a lawyer is necessary to get the payment they are owed. Unpaid wages lawyer Gregory Thyberg works with individuals in Sacramento, CA, and surrounding areas to ensure employers are held liable for unpaid overtime.
California Overtime Laws
California overtime law states that all non-exempt employees shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless paid overtime wages. Overtime wages must also be paid to any non-exempt employee who works more than six days in any workweek.
Overtime wages for work that exceeds eight hours (and up to 12 hours) in a workday or 40 hours in a workweek (up to the first eight hours on the seventh consecutive day of work in a workweek) must be at least one and a half times the employee's regular rate of pay. When an employee works more than 12 hours in a workday or more than eight hours on the seventh consecutive day of work in a workweek, overtime wages must be double the employee’s regular pay rate.
Am I Exempt from Overtime?
One way that Sacramento employers avoid paying workers overtime wages is by classifying them as exempt employees. However, many employees being denied overtime due to their exempt classification are misclassified. California employees exempt from overtime wages include:
- Workers majorly engaged in administrative, professional, and executive duties
- Workers who are paid at least two times the state’s full-time minimum wage
- Contract workers
How to File a Claim for Unpaid Overtime
Non-exempt employees denied overtime pay can file a claim for unpaid wages through the Division of Labor Standards Enforcement. When a claim is filed it is assigned to a Deputy Labor Commissioner who investigates to determine the best course of action. Possible outcomes include referral to a commission, referral to a hearing, or denial of the claim.
When a worker is denied overtime wages, they also have the option to file a lawsuit against their employer. A civil lawsuit allows employees to hold their employer liable for lost wages and related losses. Damages awarded in an unpaid wages lawsuit may include:
- Unpaid wages
- Interest on unpaid wages
- Court and attorney fees
- Double damages (if unpaid wages are not the result of a good faith error)
Do I Need a Lawyer?
We strongly advise workers to hire a lawyer when pursuing compensation for unpaid overtime. Employers often deny unpaid wage claims and usually have a legal team representing their best interest and fighting to withhold pay. As a knowledgeable employment law attorney, Gregory Thyberg understands wage laws and is prepared to fight for his client’s best interests.
Contact Us
Sacramento workers denied wages for overtime work have the right to hold employers accountable for unpaid pay and related losses. To discuss your claim with attorney Gregory Thyberg, contact our law firm online and request a consultation at your earliest convenience.
