Do you know the most 3 important Facts About California Overtime Law and the California Labor Board?
The labor board in California may not be all its cracked up to be when it comes to recovering overtime pay. While it is helpful to some, and since employers are required to pay your attorney fees when if you prevail on your California overtime law claim, why not hire a lawyer? If you can spare about 90 seconds, and take the time to read this article, you will be amazed by what the labor board can and cannot do!
The Labor Board has set standards that all the employers must adhere to. The California overtime law requires that employees that work overtime must receive overtime pay. The Labor Board protects the worker from unfair company practices that prevents the worker from receiving overtime pay. California Labor Law Overtime states that all employees that are hired on an hourly, salaried and commission basis must receive overtime pay.
The average worker who works eight hours per day during a 40 hour week is exempt from paying California Overtime. However, some employers require that their employees work without receiving full overtime pay. There are many workers who are becoming increasingly aware of their rights to receive fair pay under the California Overtime Law. An employee has a right to file a claim with the California Labor Board to receive overtime pay.
Fact 1: You May Not Be Able to Claim All Penalties at the Labor Board
It is suggested, that before an employee files a complaint to the Labor Board regarding unpaid overtime pay, the employee should be aware that the board can not protect all of your rights. The amount of an employees claim could actually be more than what the Labor Board can award you. According to the board, hourly workers are paid the regular pay.
The Labor Board can not award liquidated damages for overtime pay. Liquidated damages are defined by the State as a solution provided by Federal Law that allows employees to recover double their unpaid overtime.
When an employee files a claim to become eligible for liquidated damages due to unpaid overtime, many are not aware that they are actually losing half of their possible recovery. This is why if you have an overtime pay claim, first talk to an California overtime law attorney.
Fact 2: Four Years vs Three Years of Unpaid Overtime
The Labor Board can only award employees with unpaid overtime dating back to three years unless an employee is working under a written employment contract stating that provides overtime pay. It is suggested that hiring an attorney can possibly help you win your right to receive four years of overtime pay.
Fact 3 Even if you win at the Labor Board Your Employer May Appeal
Even if you win your claim, your employer has 10 days to appeal. It is likely they will glean your strategy from your labor board hearing and attempt to win your overtime pay claim in Superior Court with their own labor attorney. It may be best to talk to an overtime pay attorney from the outset if you feel you have a claim.
By: Kathleen Armitage
Kathleen Armitage is a freelance journalist who frequently contributes and comments on California labor issues. Learn more by visiting web sites such asLabor Attorney and California Labor Law||||
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