Los Angeles Regular and Overtime Rate Violations Lawyer
Some employees, such as certain managers, professionals, and high-level administrative employees are not entitled to, or “exempt”, from receiving their agreed-upon rate of pay for every hour they work, or overtime pay for overtime hours worked. Most other employees must be paid at a regular rate for their time worked and at an overtime rate for overtime hours worked. Those employees are known as “non-exempt” employees.
A non-exempt employee must be paid time-and-a-half for any and all hours worked greater than forty in a week and greater than eight in one day. If a non-exempt employee works more than 12 hours in one day or more than eight hours on the seventh consecutive day of work, he or she is entitled to double his or her regular rate of pay.
However, not all overtime wage theft is that simple. For instance, some companies offer nondiscretionary bonuses to employees. As an example, if you are a non-exempt salesperson earning $15 per hour, but you get an additional $5 for every sale you make, the sales you make should factor into your overtime rate. Thus, if you make a lot of sales in a given day or week, your overtime rate should be more than 1.5 times your hourly rate of $15 per hour because your effective hourly rate is made higher by the extra money you are earning through the non-discretionary bonus. If your employer does not calculate the higher overtime rate and pay you at that rate, you may be a victim of overtime wage theft.
In addition, some companies have policies that automatically deduct from employees 30 minutes of work per day for a lunch they assume employees are taking but often do not take. This causes employees to not receive all of their wages, including regular pay and overtime pay. But slavery has been illegal in the United States since 1863; you should not be working for free at any given time no matter what assumptions are made by your employer. Thus, you may be a victim of minimum wage or overtime wage theft in this instance, as well.
Employers even sometimes engage in wage theft by editing or manipulating time sheets and time entries to show employees worked less hours than they did. For example, if you work everyday for 8 hours and 5 minutes, but your employer edits your time sheets to show you work for 8 hours every day, or pays you only for 8 hours every day, you may be being cheated 5 minutes of overtime pay every day, which can add up, particularly when one considers the penalties that may be owed.
Of course, no one should be required to work for free. If you suspect that you are not being paid (or were not paid) all of your wages owed from your employer for your time worked, give Los Angeles Overtime Attorney David Bibiyan and his staff a call and let us explore the wage violations so that we can recover any unpaid wages on your behalf and determine if you are owed any additional penalties, as well.