On behalf of Rager Law Firm posted on May 19, 2017
At Rager Law Firm, our Los Angeles overtime violations attorneys seek to protect workers who have not been provided with their overtime wages. Overtime wage violations should be reported. Whether you work for a small or larger company, you are entitled to seek compensation through an attorney. We have extensive trial experience to handle these types of cases. If you worked in excess of your standard hours and you were not paid accordingly, our aggressive advocates will protect your legal rights.
California overtime requirements
In the state of California, overtime laws apply to employees who worked over eight hours a workday or for more than 40 hours a week. Some specific overtime pay rules will apply to employees who work 7 days a week. Hours worked beyond 40 must be paid time and a half. Even in cases when the employee agreed to a lower overtime rate, he or she is entitled to receive the full legal amount as stated in the agreement. California laws require that workers who work over more than eight hours a day and up to 12 hours a day are compensated accordingly. Employers also will have to pay two times the regular hourly rate when the employee worked over 12 hours a day.
Are bonuses included in your overtime pay?
There are two categories of bonuses:
Non-discretionary bonuses – These are the bonuses where the employee have to meet certain criteria. These bonuses have already been discussed and the employee expects them.
A discretionary bonus is a reward for excellent performance or accomplishments. In other words, this is when the employee exceeded the employer’s expectations. These bonuses are not expected or guaranteed.
Non-discretionary bonuses will be included when calculating your overtime pay rate while non-discretionary are not.
Who is not covered?
Under California labor laws some employees will not be considered for overtime compensation:
Management – Someone who runs a company or anyone who manages employees and earns more than $720 a week or more than twice the federal minimum wage.
Administration – Anyone who is not responsible for manual labor and earns more than twice the federal minimum wage as well as anybody who needs special training yet has the freedom to work with minimal or no supervision.
Professionals – Individuals in careers such as law, medicine, teaching and accounting who surpass the above earning requirements and enjoy a special freedom in doing their work.
Other professions including actors, nurses, journalists and drivers may also be exempt from overtime, depending on the circumstances and income earned.
When your employer doesn’t properly compensate you, you have the right to seek legal representation from a Los Angeles overtime violations attorney. At Rager Law Firm,our attorneys take your case very seriously. Employers who refuse to pay their employees overtime will face serious legal consequences. They are not even allowed to retaliate against employees who file a workers’ compensation. To learn more about ways we can protect your rights, call us today and schedule your initial consultation.