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Has Your Employer Failed To Pay You For Overtime? We Can Help.
Every day, employers commit employment law violations by failing to pay employees their full overtime wages. You might be owed overtime wages if you have worked off the clock, if your employer does not pay you the correct rate of pay when you work overtime, or if your employer fails to correctly calculate your overtime rate when you receive bonuses. You may even have been misclassified as a salaried employee. If this has happened to you, you are not alone. Whether a violation was intentional or not, your employer needs to pay you the overtime wages you are owed, and you have a right to hold your employer accountable.
The employment law attorneys at ARCH Legal PC have recovered more than $300 million for California workers whose rights were violated. We want to help you, too.
To put a team of skilled and dedicated employment lawyers on your side, please call us at (866) 331-1338 or contact us by email. We proudly represent individual employees and groups of employees throughout California and Washington.
California Law Defines a “Day’s Work” and Entitles Employees to Overtime Compensation
California law is explicit in stating that “eight hours of labor constitutes a day’s work.” The law also sets 40 hours as the standard work week. When you work more than eight hours in a day or 40 hours in a work week, you should receive fair compensation for going above and beyond.
The vast majority of employees in California are owed overtime pay — 1.5 times their regular pay rate — if they work more than eight hours in a single workday. Additionally, on the seventh consecutive day of work in a workweek, employers are required to pay employees 1.5 times the regular rate for the first eight hours of work.
Employers are additionally required to pay double an employee’s regular rate for all hours worked above 12 in a workday and for all hours worked above eight on the seventh consecutive day in a workweek.
Furthermore, a nonexempt employee who works more than 40 hours in a work week is generally owed overtime pay. Calculating exactly how much overtime pay you deserve may be difficult, considering the various hours-worked thresholds that go into it. Our attorneys are experienced and confident in calculating our clients’ underpaid overtime compensation, so we can determine exactly how much pay you are entitled to.
California Law Also Entitles You to Take Civil Action for Unpaid Overtime Pay
As part of its robust protections for employees, California code explicitly states that employees who do not receive fair overtime pay can take civil action. The law makes clear that “any employee receiving less than the legal minimum wage or the legal overtime compensation applicable to the employee is entitled to recover in a civil action the unpaid balance of the full amount of this minimum wage or overtime compensation, including interest thereon, reasonable attorney’s fees, and costs of suit.”
You should also receive interest on any unpaid overtime wages. Our attorneys at ARCH Legal PC will consider both your lost wages and interest when seeking compensation for you.
How Employers in California Try to Avoid Paying Employees for Overtime
You might be wondering, “Why would my employer not pay me the wages I am entitled to?” The answer is simple, and it’s that they likely placed their own financial motivations over yours, as well as over basic ethics and decency. Furthermore, employers might think:
- They will not be discovered for withholding employees’ overtime pay
- You are just doing your job, and you are not deserving of compensation beyond your standard pay rate
- There are other justifications for breaking California law by withholding overtime compensation you have earned
Unfortunately, countless employers across industry lines manage to withhold overtime compensation each year.
Fudging Timesheets
Manipulating time records is one of the most obvious ways to deprive employees of fair overtime pay. Some time-logging systems are more difficult to manipulate than others. However, methods like changing the definition of a “work week” and lying about the employee’s hours worked are far too common.
Abusing Meal and Rest Breaks
Employees in California are entitled to:
- A paid ten-minute rest break for every four hours you are on the clock
- Safety-related breaks (such as water breaks when working in extreme heat)
- A 30-minute unpaid meal break when working more than five hours in a day
- Another 30-minute unpaid meal break when working more than 12 hours in a day
If an employer requires employees to work during breaks, it affects how overtime pay would otherwise be calculated. If your employer has a habit of abusing meal or rest breaks, this may be directly relevant to your case.
Claiming Employees Are Not Truly Employees
Independent contractors are not generally entitled to overtime pay in California. For this reason (and others), many employers will inaccurately classify employees as independent contractors. If they do so, the employer thinks they can avoid paying that worker for hours that would typically qualify as overtime.
California law generally assumes that workers are employees unless an employer can prove they’re not. The “ABC Test” requires employers in California to prove you are an independent contractor through a three-step process. If your employer does not meet this threshold, they must treat (and pay) you as an employee.
Unpaid Overtime Is A Serious Problem
Not getting paid the overtime wages you are owed is a serious violation of your rights as an employee. Don’t let anyone suggest that the effort required to secure unpaid overtime (and any interest payments) is not worthwhile.
The reality is that unpaid overtime collectively represents a massive financial loss for employees throughout California, not to mention the personal time employees lose to working extra, unpaid hours. ARCH Legal PC knows how to investigate unpaid overtime violations, and we have achieved extraordinary results for individual workers and groups of workers whose overtime rights have been violated.
Why ARCH Legal PC Is the Firm to Call When You’re Deprived of Overtime Pay
Just as there are employers withholding overtime pay all across California, there are law firms across the state. ARCH Legal PC is different, though, as we are anything but your average firm. Rather, we:
Make Employment Cases Our Priority
Our firm is solely dedicated to representing employees, in part because:
- We understand how complicated California’s employment-specific laws are, and we strive to be well-versed students of the law
- There are countless instances of employees being mistreated by employers , so there is no shortage of opportunity for us to help clients like you
- By focusing on fighting for the rights of employees, we are committed to social justice and helping employees recover the wages they are owed
- By being so focused on employment cases, we can accumulate priceless experience in many unique case types, including those involving unpaid overtime
We take employment law seriously. We are passionate about it. Allow us to show you.
Our Case Results Specific to Employment Law Cases
We are not a firm that tells you about results we’ve achieved in cases that have nothing to do with yours. Our more than $300 million in settlements and verdicts are the result of fighting for employees’ rights and helping employees obtain fair and just relief.
Our cases include the recovery of more than $22 million, $14 million, and more than $11 million. This shows just how capable we are of fighting for employees in California and obtaining significant relief for underpaid employees.
Have a Deep, Talented Roster of Passionate Employment Law Attorneys
Our team of dedicated attorneys is capable and wholly dedicated to our clients’ success. We:
- Typically assign multiple attorneys per case, so each of our clients gets the attention their case deserves
- Will partner you with the lawyer whose background in employment law cases meshes most closely with your case type
- Employ fighters, so we never shy away from the fight that employment law cases typically require (including trials, in some cases)
You will know your lawyer, and they will know you. Though we are an accomplished firm with many resources, our connections with clients are most important.
Consider Clients Family, and Treat Them as Such
Representing an employee who has been wronged is a personal thing. You will be sharing details of how you were taken advantage of, and you must be able to trust your legal team with your vulnerability.
Our law firm is highly accomplished. Above all else, though, the ARCH Legal PC team is compassionate and empathetic. You will feel like family because:
- We will encourage you to share your story without a modicum of judgment
- We will focus on righting the wrongs you’ve suffered, rather than dwelling on the past
- Your lawyer will reach out frequently, showing you they care (and that they’re working hard on your case)
You will also be free to ask any questions at any time. Expect quick, reliable answers. This blend of compassion and competence is exactly what ARCH Legal PC brings to your case.
Call ARCH Legal PC Today for a Consultation About How a California Employment Law Attorney Can Assist You
Let us help you get the unpaid wages you need and deserve. Arrange a consultation by calling (866) 331-1338 or send us an email describing your situation. We fight for employees’ rights throughout California and Washington, and we want to fight for you.
