Lawyers Helping Workers Get Paid The Overtime They Have Earned
Samantha works full time weekdays in the cafeteria of a large corporate center, where she ends her regular shift at 3 p.m. Several evenings each month, the cafeteria is reserved for corporate functions and Samantha is scheduled to continue to work to cook, serve and clean up afterward. Rather than letting her punch her time card for the evening, her employer pays her in cash, at her regular hourly pay rate. After filing a complaint about losing overtime pay, she was reassigned to the dish washing room with a pay cut.
Federal and California state laws couldn’t be more clear: Workers in jobs classified as nonexempt are to be paid at least one and half times their hourly rate of pay for all hours worked beyond 40 hours in their work week. Under California law, employees are also entitled to overtime pay when they work more than eight hours in one day.
Despite this, many employers look for ways to avoid paying overtime, including tactics such as:
- Misclassifying positions as exempt in order to pay workers a straight salary
- Trading overtime hours for additional time off in the future
- Making workers stay off the clock while “donning and doffing” their equipment
- Having an administrative staff member fill out workers’ time cards with inaccurate information
- Counting overtime earnings as meeting the minimum wage requirement
- Splitting shifts into shorter blocks of hours
Protecting The Rights Of California Workers In Wage And Hour Claims
At Hennig, Ruiz & Singh in Los Angeles, our wage and hour litigation lawyers believe that workers deserve to get paid every penny of the money they have earned. We are a team of experienced employment litigation attorneys who work aggressively to represent workers whose employers try to avoid paying overtime. We work efficiently to prepare your case and get to work negotiating a resolution to help you get paid as quickly as possible.
If you feel you are not being paid the overtime you have earned, there are steps you should take to help your case. Your first step should be to document the number of hours you work each week. Keep your pay stub to determine whether your employer is recording a different number of hours. You may, but are not required to, report your claim to human resources, using the process explained in your employee manual. If you face any retaliation or are terminated for making the complaint, talk to an attorney at Hennig, Ruiz & Singh immediately.
Multi-Plaintiff Wage And Hour Case Settled For $330,000
In a multi-plaintiff case involving multiple individual plaintiffs, our office was able to recover $330,000 on behalf of our clients for failure to pay overtime and failure to provide proper meal and rest breaks.
Contact Us To Discuss Your Case In A Free Consultation
Please visit our Do I Have A Case? page to answer a few questions relating to your circumstances. If the questionnaire indicates you may have a case against your employer, call us at 213-985-1305 or contact us by email for a free consultation. Se Habla Español.