Overtime Pay Lawyer in Los Angeles
"Employers who value profits over their employees soon lose both."
- James W. Johnston, Esq. -
A California employee's right to overtime pay is governed by both federal law; the Fair Labor Standards Act (FLSA); and California law; (Labor Code and Wage Orders of the Industrial Welfare Commission. Generally speaking, California law is more favorable to employees than federal standards, and California employers must comply with whichever standard provides the greater protection to employees.
It is a common misconception perpetrated by some unscrupulous employers that an employee is not entitled to overtime pay simply because they paid by salary rather than hourly. It is not at all unusual for salaried employees to be told by their employer that they have no legal right to overtime pay because they are not hourly workers. It is important to know, however, that under California law it is the nature of an employee's job duties, not their job title or the fact that they are paid a salary rather than by the hour, that determines whether or not that employee is entitled to overtime pay. Accordingly, it has been discovered in many cases, that employers have been wrongfully depriving employees of earned overtime pay.
Exempt vs. Non-Exempt
Generally speaking, the following employees are considered "exempt," and are not subject to overtime pay regulations:
Executive, administrative, professional employees; outside salespersons, state and local government employees, members of the employer's family, employee licensed under the Fish & Game Code, live-in employees in substance abuse alternative housing, student nurses, carnival ride operators, certain retail employees receiving sales commissions, certain motor carrier drivers, movie projectionists, broadcasting industry worker employed as announcers, news editors or chief engineers at a radio or television station in a city or town that has a population of no more than 25,000, irrigators, taxicab drivers, babysitters and personal attendants employed by a nonprofit organization.
25 Years Experience
Mr. Johnston has been an attorney for more than 25 years, and is fully qualified to handle your overtime pay claim. If you would like additional information about the subject of overtime pay in California, we invite you to contact attorney Johnston and make an appointment to speak with him about your claim.
Ask a Disability Discrimination Lawyer
If you have not been paid overtime pay to which you are entitled, or if you have been terminated in retaliation for complaining about not receiving overtime pay, you can contact attorney Johnston about your potential case, by filling out the form above, or click here to contact us.
At Will Employees
Even an at-will** employee may bring a legal action against an employer who has wrongfully deprived that employee of overtime pay.
**At-will employee: Absent evidence to the contrary, in California all non-public employees who are not members of a union, and are not employed under a contract for a specific duration of time, are presumed to be at-will employees. As mentioned elsewhere on this website, however, there are numerous situations where an employee is permitted to bring a legal claim for wrongful termination or demotion against their employer even though the employee is at-will.
If an employee is wrongfully terminated or harassed in retaliation for demanding overtime pay to which he or she is legally entitled, that employee may have a right to sue the employer for wrongful termination, even if they are an at will employee.
The above information is provided as a courtesy of The Johnston Law Firm, and constitutes only a brief summary of some general employment law, discrimination issues and related legal rights under California law. As such it does not constitute legal advice, and you should contact an attorney to discuss any specific employment issue you may have. For further questions, please contact our office on the forms provided.