Wednesday, October 8, 2008

What To Do If My Employer Doesn’t Pay My Overtime?

California law initially assumes that all employees are entitled to be paid at 1.5 times their regular rate of pay ("Overtime Pay" or "OT") for all hours in excess of 8 per day or 40 per week.
When an employer resists paying Overtime to its employees, it's often betting that most of the affected employees will not enforce their rights.

Paying off a small percentage of the affected employees, after legal action or threat of legal action, is usually still more profitable than simply paying them all lawfully from the start.

This same concept applies to many other unlawful employment practices. Employers often know the law, but as explained above, maximizing profits drives them to make decisions that deny you of your RIGHTS under CALIFORNIA LAW.

If you, or anyone you care about, is experiencing the following issues at their place of employment, employment law lawyers are available to ensure that you receive the wages you have worked for:

-- you are paid on a salary basis and are not receiving Overtime pay when you work more than 8 hours in a day or over 40 hours in a week

-- you are paid on a full or partial commission basis and are not paid Overtime pay and/or paid according to your commission structure

-- you are owed Overtime pay from a current or former job

-- you have unauthorized deductions taken from your paycheck

-- you have not received a payout for unused vacation/sick/leave time

-- you are not paid according to schedule

-- you are classified as an "independent contractor" and work more than 8 hours in a day or 40 hours in a week

-- you are classified as an "independent contractor" and are not being paid according to the commission plan or other agreement

-- you work for a company that pays all or most of its employees as "independent contractors" instead of employees

-- you are working under any other conditions that you believe may be unlawful

California law is distinctly pro-employee and goes above and beyond the protections that federal law mandates be afforded employees. California law offers several powerful "one-two punches" that can be delivered to employers in order to get them to stop their illegal employment practices and compensate you for the loss of your rights.

Law firms accept Employment Law cases on a Contingency Fee basis, meaning that you will NEVER pay a dime in attorney fees unless you receive a recovery.

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