Carlsbad Unpaid Overtime Lawyer

Carlsbad Unpaid Overtime Attorney

Working overtime and not receiving your earned pay can be disheartening. However, this is the reality for many employees in California. While most employers are fair and equitable, some take advantage of their employees in the form of wage theft, also known as unpaid wages. If your employer withheld overtime wages from you, you should consult with a Carlsbad unpaid overtime lawyer to help you with your case.

California has some of the most robust, employee-friendly employment laws in the country. Whether an employee is fighting workplace discrimination, harassment, or wage theft, the law is often on their side. At the Law Offices of Corbett H. Williams, we see a variety of these cases and are willing to represent our clients both in and out of the courtroom. Instead of attempting to represent yourself in an unpaid overtime claim, you should hire a skilled lawyer.

Employment Rights in California

In California, the Department of Labor Standards Enforcement (DLSE), also known as the Labor Commissioner’s Office, handles labor law violations and protects employees’ rights. According to the Commissioner, all California employees have the right to:

• Fair wages
• A safe work environment
• Schedule meal and rest breaks
• Protection from workplace discrimination, harassment, and retaliation
• Certain benefits, such as workers’ compensation

Overtime Laws in California

Receiving earned overtime wages is considered a fair wage right in California. If you work above the standard workweek, you should be compensated in turn. The standard workweek per California law is 40 hours a week, 5-6 days a week, and 8 hours per day. If you are scheduled to work overtime, you should be compensated as follows:

• 5 times your regular hourly wage for every hour worked over 8 hours in one day for up to 12 hours and for every hour worked beyond six days a week for the first 8 hours.
• Twice your regular hourly wage for every hour worked over 12 hours in one day and for every hour worked beyond 8 hours if you work seven consecutive days.

California’s overtime laws apply to non-exempt employees only. While exempt employees include professional, executive, administrative, technical, sales, or other salaried roles, non-exempt employees typically earn hourly wages. Examples of non-exempt positions include janitors, cashiers, bank tellers, construction workers, tipped positions, and nurses, except those who agree to alternative schedules.

Contractors are not official employees of an organization, so they are ineligible for overtime because they are neither exempt nor non-exempt employees.

How Employers Avoid Paying Overtime

Employers may attempt to avoid their responsibility for paying overtime using a variety of methods. One of the most common methods is by misclassifying their employees. Since contractors are inherently ineligible for overtime, they may classify a full-time employee as a contractor to avoid paying them for their extra work.

California’s overtime laws apply to all workers, regardless of their immigration status. In one example, a federal investigation was able to recover $465,993 in a settlement with a Carlsbad facility for medical injection molding manufacturing. Not only were they guilty of unpaid wages due to maintaining inaccurate payroll records, but they also misclassified employees as trainees, paying them a fraction of minimum wage.

Other ways employers may circumvent overtime laws are by:

• Having their employee wait to clock in even though they have begun their work, or clock out early before they complete their work
• Creating their own overtime policies that are inconsistent with California law
• Miscalculating overtime, either intentionally or unintentionally
• Using certain time-tracking software
• Establishing workweek agreements that fluctuate
• Not paying overtime for on-call time or stand-by time

Filing an Unpaid Overtime Complaint

The steps for filing an unpaid overtime claim are straightforward, but could be overwhelming without the help of a lawyer. Your lawyer can help you with each of the following steps of the process, with an emphasis on representing you at your hearing or in court. Here are the five main steps for filing unpaid wage claims in California:

1. File a claim at the Labor Commissioner’s Office (LCO) either by phone, online, or by mail.
2. Collect the necessary documentation and evidence that provides evidence for your claim.
3. Attend a settlement conference between you and your employer to resolve any disputes and potentially reach an agreement.
4. If you are unable to resolve issues at the conference, you can explain your case before a hearing officer at a wage hearing.
5. Appeal the hearing officer’s decision if you are dissatisfied. Your case will then be out of the jurisdiction of the LCO and into the Superior Court.

Penalties for Violating Overtime Laws in California

If your employer is found guilty of wage theft in the form of unpaid overtime, they may have to pay out a hefty settlement that recovers your lost wages. If there was any malicious intent or gross negligence, they may also be liable for punitive damages and lawyer’s fees.

Hiring an Employment Lawyer

Sometimes, employers make mistakes in classifying their employees or make other clerical or payroll errors. However, if your employer’s actions are intentional, long-standing, and significantly life-interfering, a lawyer can help you in a multitude of ways.

If your employer hires a lawyer for a wage hearing or court appearance following a claim, you should hire one as well. It can be intimidating and overwhelming to represent yourself if you are unfamiliar with California’s labor laws, which change over time and as employee rights violations evolve.

Your lawyer can also help you collect evidence and documentation, which is key for any chance of winning a settlement. Without clear evidence of a fair wage violation, it may be hard to prove that your employer is avoiding paying you what you deserve. Moreover, some unpaid wage claims come with punitive damages, as well as for blatant rights violations or for the intentional and consistent nonpayment of wages.

Contact the Law Offices of Corbett H. Williams Today

If your employer used unethical tactics to avoid paying overtime, you have rights. The lawyers at the Law Offices of Corbett H. Williams are here to defend those rights and help you reach a settlement. Do not try to settle your case alone. Contact our Carlsbad office today for a consultation.