Employee Regular Rate of Pay Attorney

The Miscalculation of Your “Regular Rate of Pay” Can Be Financially Catastrophic. We Will Work to Repair the Damage.

There is nothing simple about California’s employment law, including how to determine your “regular rate of pay.” Yet, because your regular rate of pay determines how much you should receive when working overtime and double time, and when you are called into work but sent home early, it’s critically important to know what your “regular rate of pay” should be.

If you have worked overtime and are uncertain whether you’ve been paid fairly, speak with a California employment law attorney from ARCH Legal PC. We can also help if you simply have questions about your regular rate of pay and whether you’ve received fair compensation based on that rate.

Our firm has recovered over $300 million for our clients, including cases that involved underpayment of overtime and double-time wages. Call ARCH Legal PC at (866) 331-1338 or email us today to complete your consultation.

Your Regular Rate of Pay Is the Basis for Overtime Compensation. This Gives Employers an Incentive to Undervalue Your Regular Rate.

The phrase “regular rate of pay” emerges quickly in discussions about overtime compensation because your regular rate of pay is the foundation for:

• Determining how much you’ll be paid when working overtime hours
• The rate you’ll be paid when working double time
• How much compensation you receive when you are called to work but are sent
  home due to a lack of available work (called “report to work” pay)

Without getting too complicated, you should know that your “regular rate of pay” can be more than just your usual hourly rate. In determining the value of your regular rate of pay, your employer may need to consider several factors, including:

• The standard eight-hour workday
• The standard 40-hour workweek
• Base hourly wages
• Base salary
• Hours spent on call
• Discretionary and non-discretionary bonuses
• Commissions
• Hazard pay
• Various other factors that may or may not be included in the calculation of your regular rate of pay

Some of these considerations, like non-discretionary bonuses, must be included in the calculation of your regular rate of pay. Other considerations, such as reimbursements for work-related expenses, are typically excluded from the calculation.

Your employer must understand:

1. What your regular rate of pay is
2. How to calculate your regular rate of pay accurately
3. When the regular rate of pay is relevant
4. How to use the regular rate of pay figure to calculate other types of compensation, like overtime pay

The attorneys at ARCH Legal PC are well-versed in these matters. We will evaluate your circumstances, review relevant records, and determine if your employer has followed the law in calculating your regular rate of pay and, ultimately, compensating you for your time and effort.

Some Rate of Pay Violations We See Employers Commit

Whether your employer intentionally underpaid you or “made a mistake” is not especially important. The fact that you have not been paid fairly is our only concern, and we may find that you’ve been harmed by:

• An inaccurately low calculation of your regular rate of pay
• A mathematical error in translating your regular rate of pay into overtime and double-time payments
• The imposition of a single “standard” overtime rate, when instead, an employer must calculate overtime based on each employee’s regular rate of pay
• Making unjustifiable deductions that reduce your regular pay rate
• Using strategic accounting to exclude bonuses or other forms of compensation that would otherwise increase your regular rate of pay
• Any other intentional or unintentional error that led to you being underpaid

We will emphasize that while the “regular rate of pay” sounds like a straightforward term, the concept is actually quite complicated. Mistakes happen, but now those mistakes need to be corrected. Let us help in that goal.

How You Might Be Affected When Your Regular Rate of Pay Is Improperly Calculated

Because the regular rate of pay is used to calculate other rates of pay, including overtime, a miscalculation can exponentially decrease your total compensation. Some of the damages you might deserve compensation for include:

• Underpaid overtime work
• Any time off (including sick leave) that should have been paid at the accurate rate of regular pay
• Any interest payments you are due for the period during which you were underpaid
• Any penalties your employer is subject to for their violation of labor laws
• Any non-economic harm that has resulted from the underpayment of your time and effort

At ARCH Legal PC, we are committed to ensuring that our clients receive all the compensation they deserve. Many of our cases—including those involving the regular rate of pay—relate specifically to underpaid employees. Let us calculate and demand the entire sum to which you are entitled.

Why You Should Hire ARCH Legal PC After Any Employment Law Violation

ARCH Legal PC is not a law firm that dabbles in employment cases. Employment law is our sole focus, and you should choose your California employment lawyer from our firm because:

• Many seven- and eight-figure results show that our attorneys are serious about advocating for the employees of California
• We feel at home in the courtroom, and we never hesitate to take our legal opponents to trial
• Our care for our clients is apparent in how we listen, communicate, fight, and protect
• ARCH Legal PC has an impeccable reputation among our clients, fellow attorneys, and the courts

We know it’s possible to combine financial expertise with astute legal knowledge and exceptional client service. That’s exactly what we offer at ARCH Legal PC.

Call ARCH Legal PC Today for Your Consultation About Hiring a California Employment Law Attorney

There’s no time to wait when your rights are violated as an employee. There can be strict deadlines for many employment law cases, and we want to get started on your case as soon as possible.

Call ARCH Legal PC today at (866) 331-1338 or complete our contact form. While we will calculate and enforce your regular rate of pay, you’ll find that our caliber of representation is anything but “regular.”