Under California Overtime Laws, Your Labor Attorney Knows the 2 Biggest Issues Employers Face for Retaliation?
Sometimes it can hurt when you are an employer and decide to harass an employee who is seeking their overtime wages. Your labor attorney can help. If you can set a side 2 minutes to read this article you will have the tools necessary to combat an aggressive employer.
In regard to California Overtime Laws, hourly workers with hours more than 8 hours in a work day must be paid overtime for hours worked over 8 hours. Moreover, workers with hours more than 12 hours must be paid double time, according to California Labor Law Overtime. Under California Overtime Laws, workers working 7 days straight in a work week must receive overtime pay for the first 8 hours on the 7th day (double time after 8 hours).
Consequence 1: Punish the Employer’s Pocketbook
California Labor Law Overtime has a division of labor standards enforcement to assess penalties. The employers failing to observe the California Overtime regulations can be assessed penalties in the amount of $50 per unpaid worker for each pay period the employee wasn’t paid suitably. Under California Overtime regulations, a complaint by a single employee can trigger a comprehensive review of an employer’s records, resulting in penalties if any employee pays calculations out of compliance.
Two exceptions to the overtime pay requirements exist under Overtime Law in California. Workers working under a collective bargaining agreement that provides for some overtime pay, and specifies the worker will receive at least 30% above California minimum wage. The second exception is how the employers implement an alternative work week schedule—such a schedule receives approval of 2/3 of the work force. This permits employees to work 4 day shifts of up to 10 hours without receiving overtime (as long as the hours don’t exceed 40 hours).
Unfortunately, not all employers comply with the overtime law in California. Many an employer don’t pay overtime to salaried employees. When a salaried (non-exempt) loan officer in Stockton complained to her management about unpaid overtime pay, she was fired instantly.
“We had to lie on our time cards in order to keep our jobs” said the loan processor, later promoted to loan officer. She worked for her employer for three years. “When I was hired, I was required to fill out a form every week and check a list of days that I worked and It never stated hours of work. But after six months, the form changed. Everyone had to fill out the forms.”
Consequence 2: Hire A Great California Labor Lawyer
California Overtime attorneys represent employees in disputes against employers involved with overtime pay exemptions in California. The California labor lawyers represent workers and employees in overtime pay, vacation pay, wage disputes, rest and meal period cases, sexual harassment, unlawful termination, workplace discrimination, and cases regarding tip pooling and tips.
“People got into trouble if they didn’t complete the tasks so we had no choice but to stay later in the day. Well we did have a choice—get fired,” the loan officer stated. “If we fell behind in our task, we would run the risk of getting fired.”
Employers face major penalties if they retaliate against employees that pursue wages, overtime pay and various other benefits. Employers are not to fire, demote or harass employees because they seek their fair share of overtime pay and fair wages. Under overtime law in California, statutes provide for injunctive relief ordering the employer to refrain from prohibited conduct, damages and monitoring the employer’s behavior, attorneys’ fees and costs and interest.
If you are a California employee and believe you are owed Overtime or your employer has violated your rights, take action now and talk to an Experienced California Labor Attorney.
By: Lars Sheckton
Lars Sheckton is a freelance journalist who frequently contributes and comments on California Labor Law issues and how to find a good Labor Attorney . Get the only information about California Labor Laws that you will ever need in a Free Ebook .
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