Scott Cole & Associates - Class Action Law Firm - Articles - Overtime Pay Violations in California

Most Californians know that overtime pay is earned for all hours over 8 per day or 40 per week. What few workers know is that, in California, ALL employees are presumed to be entitled to overtime pay, even if they receive a flat salary. The ONLY exception to this rule is for job positions that utilize a high level of discretion and judgment in their work (e.g., professionals, members of upper management), which most positions do not. For these positions only, certain exemptions apply that allow employers to avoid paying overtime, meaning that workers in many other job positions are being denied pay for countless overtime hours worked.

Employers frequently violate the law by failing to pay overtime to salaried employees that the employer misclassifies as “exempt,” due to a misunderstanding of the true legal definition of “exempt” duties.

Other common violations include:

Working employees “off the clock”;

Denying overtime pay when not "approved" by management;

Paying employees their regular rate of pay for overtime work;

Offering “comp time” or carrying over overtime hours into another week.

Employers who violate overtime laws also commonly violate other laws by:

Denying employee meal and/or rest breaks;

Reducing employee bonuses due to company-wide losses;

Reducing or “charging back” already-earned commissions;

Failing to reimburse workers for uniforms and/or other expenses.

Fortunately, the legal system is set up to “level the playing field” and give workers the power to correct workplace abuses. Scott Cole & Associates has served California’s workforce for many years as one of the state’s most respected workers’ rights law firms and has recovered massive and record-setting settlements for employees for workplace abuses.

For a confidential discussion of your rights against a former or current employer and/or to submit a claim, contact us for more information.