However, the basis as to whether an employee is covered by overtime pay is not the title or position but the nature of the work actually performed by said employee. If you are a rank-and-file employee or you think that you are doing ordinary work and it is not imbued with trust and confidence by your employer, then you should be given overtime pay whenever necessary. If your employer fails or refuses to grant you your overtime premiums, then you can seek compensation not only for back overtime pays but also for other damages and losses you suffered as a result. In order to do this, you must first seek legal advice from top overtime pay violations lawyers in Los Angeles who are well versed in employment and labor law rules and regulations to aid you and make sure that you get the best compensation you deserve against your erring employer.
You should be advised that the overtime pay per hour is not computed at your normal hourly rate. The law provides a premium on top of the regular hourly rate as additional compensation for employees who are requested by their employers to put in extra time at work. California overtime pay laws require that the rate of compensation on which overtime rate should be computed should not be based solely on the hourly rate of the employee. Considerations should include night shift differential, non-discretionary bonuses, commissions and other non-discretionary allowances and compensation. Hence, if your employer gives you overtime pay but the pay is computed using your regular hourly rate, then your employer is in error. You should call his attention immediately to the mistake. If your employer refuses to correct the computation, or worse, if he starts harassing you at work due to your act of pursuing your rightful claim, then you need to seek assistance from expert overtime pay violations attorneys in Los Angeles, California in order to protect your employment at work. As an employee if you are being made to work after shifts or "off the clock" you should be paid overtime despite the informal arrangement or request by your employer and your overtime pay should definitely include other considerations apart from the basic hourly rate, otherwise you can claim damages against your employer.
According to the Department of Industrial Relations, a California employer must pay overtime, whether for authorized or unauthorized overtime hours, at the following rates: (1) one and one half (1.5) times an employee's regular rate of pay for hours worked over eight (8) in a workday or over forty (40) hours in a work week; and (2) two (2) times an employee's regular rate of pay for hours worked over twelve (12) hours in a workday, or for hours worked over eight (8) hours on the seventh day of the workweek. As you can imagine, it is not easy to compute your overtime pay. Therefore, if you believe that you are being short changed by your employer or if you are being discriminated against and your employer withholds your premium overtime pay as means to treat you unjustly, then you should contact the best Los Angeles unpaid overtime pay violations law attorneys of Top Labor Lawyers in order to make sure that your employment is protected while you seek legal remedies to obtain the highest compensation for all your damages and losses against your employer.
The Top Labor Lawyers of Free Legal Consultation are very adept in determining whether you are exempt or not from the overtime pay law. In order to determine whether you are exempt or non-exempt for purposes of being eligible for overtime, there are different factors that need to be considered like whether you are paid a salary or hourly or paid weekly, bi-weekly or monthly. Due to our decades of experience in determining the true classification of our employee client victims, we have already obtained hundreds of millions in awards to our clients’ great satisfaction. We understand that every part of compensation of an employee is important to you and your family which is why we always fight tooth and nail to protect your rights. Our aggressive Los Angeles overtime pay lawyers accept all employment and labor law cases on a contingency basis and we even provide a No Win No Fee guarantee to all California employees to further help every employee as they pursue their rights at work. Call Us Now at (310) 826-1777 for your free case evaluation or if you prefer you can E-Mail Us or take advantage of our On-line Case Submission and we’ll do everything in our means to solve your legal problems.