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Claims for Unpaid Overtime Wages

Unpaid overtime is an unfair treatment of employees that should not be tolerated. When you have worked long hours, not only is it ethical that you are compensated for your time, it is the law. In the state of California many laws have been enacted to ensure that employees are treated fairly; this includes payment that is rightfully theirs.

At the law firm of Spray, Gould & Bowers LLP we seek to ensure our clients are not taken advantage of by employers that are looking out for themselves. Through our proficient knowledge of the state's wage and hour laws, our Southern California sexual harassment attorney is able to effectively defend and negotiate for our clients.

Regulations on Overtime

In California the state law mandates that an employee that works overtime is paid further compensation. Overtime hours can vary depending on the work situation of each individual. For some, working over an 8 hour day is considered overtime, while those who work longer days four days a week would be paid overtime after working 40 hours for that week. For those who have different rates of pay from one employer, the weighted average of pay is used as the standard for overtime. Once the employee goes into overtime, they are paid time and a half; their normal rate plus an additional half. Under California law the employer is obligated to pay overtime whether or not it was authorized by the employer.

Taking Action With an Employment Law Attorney

If your employer fails to pay your overtime hours or refuses to do so, you can file a wage claim against them with your local office of the Division of Labor Standards Enforcement. A Deputy Labor Commissioner will evaluate your claim to determine if you do have grounds against them. Your claim may be dismissed, referred for a hearing or referred for a conference. If a conference is held, those involved will meet together in attempts to resolve the matter without a hearing. If the claim does go to a hearing, testimonies will be given under oath. The Labor Commissioner will serve an OCA (Order, Decision, or Award) which both of the parties can choose to appeal to a civil court.

For many employees, they are working longer hours in order to do the work their job requires as well as to earn a greater income to pay their living expenses. Working long hours can be draining; going above and beyond what the law says is a fair workday of 8 hours. Our team is dedicated to defending clients that have been poorly treated and denied the wages they deserve. Learn more about how we can help during a free initial consultation.

When you do not receive the overtime payment you deserve, contact a Southern California employment lawyer from our offices.

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