The most frequent type of California Labor Board claim that our firm handles is unpaid overtime claims. California law requires that employees receive overtime pay of “time and a half” for working more than 8 hours in a day or more than 40 hours per week. You can still be entitled to overtime even if you are paid on a salary basis, flat rate basis, flag rate basis, or commission basis.
The only California employees who are not entitled to overtime are those workers who meet all of the conditions for one of the narrow exemptions.
In our experience, the most common industries that illegally fail to pay overtime include the following:
• Any Piece Rate Workers
• Any Flag Rate Worker
• Exotic Dancers
• Loan Officers
• Bill Collectors
What can employees do if their employer has failed to properly compensate them for overtime hours?
An employee in California is entitled to initiate a California labor board claim or file a lawsuit against their employer for damages caused by the failure to properly compensate for overtime worked. These damages include all overtime wages that have been illegally withheld from the employee, penalties, as well as attorneys’ fees.
While the value of these illegally withheld wages may seem small on daily basis, over years the value of these wages that employees are missing out on can easily reach tens of thousands of dollars per employee.