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Overtime Pay Lawyer in Los Angeles
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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. |
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Salaried 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.
20 Years Experience
Mr. Johnston has been an attorney for more than 20 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.
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Want to Find Out Right Away if You Have a Valid
Overtime Pay Claim?
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Ask
an Overtime Pay 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, please use our online form to contact us by clicking on the link in the box
at left.
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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.
Retaliation
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.
333 S. Grand Avenue, 25th Floor
Los Angeles, California 90071
(213) 291-6977
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