Irvine Unpaid Overtime Lawyer

Irvine Unpaid Overtime Attorney

Working overtime can be stressful and emotionally exhausting, but it may be unavoidable for certain California employees. Therefore, if you work overtime, you deserve to be paid for those extra hours. Unfortunately, some employers take advantage of their employees and avoid paying them overtime or commit other wage theft, like not paying for rest breaks or employee self-pay reimbursement. Reach out to an Irvine unpaid overtime lawyer if this happens to you.

At the Law Offices of Corbett H. Williams, our skilled Irvine employment lawyer has a thorough knowledge and understanding of California’s robust labor laws. Our legal team thoroughly investigates labor code violations so that employees can walk away with the compensation they deserve.

California’s Employment Laws

California has some of the most employee-friendly labor laws in the country. Whether protecting employees from discrimination and harassment or ensuring employees are compensated fairly, the laws ensure employees are able to work in safe, fair, and ethical environments. If your employer violates your rights, the California Labor Commissioner’s Office can help you with your claim.

Overtime Law in California

For non-exempt employees who are 18 years or older, a regular workweek consists of 40 hours a week, eight hours per day, five days a week. Hours worked beyond these thresholds, even if it’s on-call time, are considered overtime. Therefore, if you work overtime in California, your compensation should be as follows:

• You should be paid 1.5 times your normal hourly rate if you work over eight hours a day, up to 12 hours. If you work the seventh consecutive day in a week, you should be paid this rate for the first eight hours worked.
• You should be paid double your normal hourly rate if you work over 12 hours a day, and you should also be paid this rate for any hours worked beyond eight hours for working the seventh consecutive day in one week.

Overtime laws apply to non-exempt employees only. Exempt employees are ineligible for overtime as they tend to be paid a salary that compensates them for any hours worked beyond the standard workweek. Irregular or long hours of work may be expected in these positions. Examples of exempt positions include:

• Professions like doctors, lawyers, dentists, and teachers
• Administrative roles, such as salaried administrative assistants or other office professionals
• Executive roles like CEOS, managers, and supervisors
• Computer-related professions, such as IT professionals, software and hardware designers, and analysts
• Outside sales positions

On the other hand, examples of non-exempt employee roles include janitors, nurses, cashiers, construction workers, retail workers, some salaried positions, certain restaurant staff, and other tipped positions.

Common Reasons for Unpaid Overtime

Hiring labor often constitutes one of the most expensive expenses an employer has. Therefore, many employers may try to circumvent paying employees overtime to save money. However, this is illegal. There are several ways employers may try to get away with overtime nonpayment. One of the most common methods is intentionally misclassifying employees.

Contractors, for example, are neither exempt nor non-exempt because they are not actual employees of a particular company. Therefore, to avoid paying employees overtime, they may classify a regular employee as a contractor. In one case, the Labor Commissioner’s Office (LCO), involved in a janitorial misclassification dispute with the Cheesecake Factory, reached a $1 million settlement in 2024. Irvine janitors who worked for the company were also eligible to receive part of the settlement.

Filing an Unpaid Overtime Claim

Like all employment law violations, you should file your unpaid overtime claim with the LCO, also known as the Division of Labor Standards Enforcement (DLSE). The process consists of five simple steps, but it could be difficult to navigate without the help of a lawyer. The office receives cases via mail, online, or in person, and its Irvine address is 2 MacArthur Place, Suite 800, Santa Ana, CA 92701. The steps to file are as follows:

• File your claim – You need to first officially file your claim in person, online, or via the mail. You should check your local office hours to schedule an in-person appointment.
• Submit documentation – To prove the unpaid wage violation, you will need the proper documentation. Without documentation or evidence, you may not have a case.
• Attend a settlement conference – Once documentation is submitted, there will be a settlement conference between you and your employer to air out disputes and possibly agree to fair compensation.
• Attend a wage hearing – If you are unable to resolve your issues at the conference, the next step is to attend a wage hearing before a hearing officer.
• Next steps – You will receive a decision 15 days after the hearing. If you are satisfied with the decision, the process ends, and you will receive your settlement. However, if you are not satisfied with the decision, the case is taken to the Superior Court.

It is important to note that contractors are unable to file claims with the LCO, so if your unpaid overtime claim was because of misclassification, you should speak to your lawyer about the most suitable way to navigate your case.

Unpaid Overtime Settlements

If you are an individual, you may not expect to receive a large settlement; however, you should still pursue legal action, as other employees may be facing the same situation as you. In this scenario, a payout of a couple of thousand dollars for you could turn into a million-dollar claim against your company. While it is difficult to pinpoint how much your settlement will be, some factors that are considered include:

• The amount of money you are owed in unpaid wages
• The duration of the wage nonpayment
• The intentionality of your employee
• Your evidence and documentation to prove your claim
• The skill and experience of your employment lawyer

Experienced Irvine Employment Lawyer at Your Service

As a non-exempt California employee who works overtime, you deserve every penny you earn. It is unfair that an unethical employer evades their responsibilities to save money. Fortunately, at the Law Offices of Corbett H. Williams, we are here to protect your rights and defend you in court if need be. Contact our office today for a consultation and to weigh your options.