Unpaid Overtime

Highly Skilled Employment Attorney Dedicated to Ensuring Employees in Los Angeles and Orange County Are Paid for Every Hour They Work

California’s labor laws make it mandatory for employers to pay their employees overtime wages when they work more than a certain number of hours per day or week or when they work seven days in a row. However, paying overtime to employees is expensive, and Los Angeles employers will go to great lengths to avoid fairly compensating employees for their work. In fact, according to a recent study, Americans who work a “full-time job” actually put in about 47 hours of work per week, although most only get paid for 40.

At the Hardin Law Group, our Los Angeles and Orange County unpaid overtime attorney has decades of hands-on experience helping employees obtain the compensation they earned. Attorney James Hardin focuses exclusively on representing California workers in employment law cases, giving him unrivaled knowledge and experience in this complex area of the law. The Hardin Law Group offers all prospective clients a free consultation and will not collect a fee unless we can connect you with the compensation you deserve.

When Do California Employers Need to Pay Workers Overtime?

California’s overtime laws are designed to compensate workers fairly for long hours and to discourage excessively long workweeks. In California, employers are required to pay workers overtime under specific circumstances, as outlined by the California Labor Code. The state’s overtime rules are more favorable to employees than the federal Fair Labor Standards Act (FLSA), which can lead to some confusion for both employees and employers.

Below are the key scenarios when overtime pay is required:

More Than 8 Hours in a Day: Employees are entitled to overtime pay at one and a half times their regular rate of pay for hours worked beyond eight hours up to and including 12 hours in any workday.

More Than 40 Hours in a Week: Employees are entitled to overtime pay at one and a half times the regular rate for all hours worked beyond 40 hours in a workweek.

Seventh Consecutive Day: The first eight hours worked on the seventh consecutive day of work in a workweek must be paid at one and a half times the regular rate.

Beyond 12 Hours in a Day: When an employee works more than 12 hours in a single workday, the pay rate increases to double the regular rate for any hours worked beyond 12.

Beyond 8 Hours on the Seventh Day: If an employee works over 8 hours on the seventh consecutive day of a workweek, those hours are paid at double the regular rate.

These rules apply to non-exempt employees, which typically includes hourly workers. Exempt employees, such as certain professionals, executives, and administrative workers, are not entitled to overtime.

Damages in Unpaid Overtime Cases

When an employer fails to pay overtime as required by law, you can seek damages through a Los Angeles unpaid overtime lawsuit. The types of damages recoverable in unpaid overtime cases typically include:

Unpaid Overtime Compensation: The unpaid overtime wages you earned but were not paid. This is calculated based on your regular rate of pay and the amount of overtime you worked.

Interest on Unpaid Wages: You can also claim interest on the unpaid overtime, which accrues from the date the overtime should have been paid.

Liquidated Damages: Under both California law and the Fair Labor Standards Act (FLSA), you may be entitled to liquidated damages. These are equal to the amount of unpaid overtime wages and effectively double the compensation owed.

Attorney’s Fees and Legal Costs: If you are successful in bringing an LA unpaid overtime case, the court may order your employer to pay your attorney’s fees and legal costs.

Penalties: California law imposes additional penalties on employers for late payment of wages, including unpaid overtime. These penalties can increase your total recovery significantly.

Has Your Employer in Los Angeles or Orange County Refused to Pay You Overtime?

If you have put in more than 40 hours in a workweek, worked over 12 hours in a single day, or worked seven days in a row, you are likely entitled to overtime pay. If your employer is refusing to pay overtime, regardless of the reason they provide, they may be in violation of California labor laws. At the Hardin Law Group, our Los Angeles unpaid overtime lawyer has successfully handled countless cases for workers who were denied the overtime pay they rightfully earned. We offer free consultation to workers, during which we will explain your rights, answer your questions, and discuss what we can do to help connect you with the wages you deserve. To learn more, and to schedule a free consultation today, call our Los Angeles wage and hour violations attorney at 310-606-2122. You can also connect with our Orange County employment attorney by calling 949-337-4810.

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