Not Paid Wages Owed? We Can Help.Employers do make mistakes, many which a simply discussion with human resources can resolve. However, a growing number of companies cut corners, often at the expense of employees. Where’s the first logical place to ‘shave’ expenditures? Overtime. While pay gets cut, work demand does not. This means employees are often forced to clock out to clean machinery and tooling, or perform prep work for another shift without regard to compensation. Our overtime violations attorney, and staff, will rigorously defend clients who put in time but failed to get properly compensated for hours. We’ll go as far back as the law allows if violations are consistent throughout an employee’s tenure. Overtime laws prevent companies from:
- Paying ‘straight time’ for hours past the 40-hour weekly limit.
- Reclassifying employees as ‘exempt’, meaning hourly employees may be reclassed to avoid paying overtime hours at the California rate of 1.5 times regular pay.
- Retaliating against employees who report overtime violations to Labor Bureau or EEOC.
- Forcing employees to work extra duty after being clocked out.
- Failing to pay overtime for discriminatory reasons.
Can Employers Get Away With Overtime Violations?Many will have employees thinking they can. However, laws are fairly straightforward in terms of punishment and damages attorneys can seek against companies trying to save a buck. Some common situations where our firm recovers damages stemming from overtime violations include:
- Employee clocks out. Supervisor asks employee to clean breakroom before leaving, but doesn’t want employee clocking back in. This would be a violation.
- Employee receives paycheck, but notices exemptions changed, and no overtime was paid. If an employer reclasses an employee for any reason, they’ve violated labor laws and violated overtime rules.