Los Angeles Overtime Violation Attorneys
A Business Insider’s Edge for Los Angeles Overtime Claims
California law requires employers to pay most workers overtime for any hours worked beyond 8 in a day or 40 in a week. Employees who work more than 12 hours in a day, or more than 8 hours on the seventh consecutive day of a workweek, are entitled to double time at twice their regular hourly rate. California’s daily overtime threshold goes further than federal law requires, giving workers here stronger protections. If you’ve been denied overtime pay, you may be entitled to recover back pay for your employer’s violation.
At Laurel Employment Law, APC, we represent employees in Los Angeles and the surrounding areas in overtime violation disputes. Our attorneys understand both California and federal overtime law, and we know what it takes to build a tight wage claim. We can help you understand your legal options, file a wage claim with the California Labor Commissioner’s Office, or pursue a class action when multiple workers have been affected. We’re also prepared to take your case to court if a fair settlement can’t be reached. Our founder spent over a decade as general counsel for a large sourcing company, giving our team direct insight into how employers document and defend wage decisions. That perspective can help us build stronger cases for the workers we represent.
Call our Los Angeles overtime violation lawyers today at (310) 929-6371 or contact us online to schedule a free consultation.
Why Hiring an Overtime Attorney Strengthens Your Claim
Working with an experienced attorney gives you legal guidance tailored to your situation under California and federal law. An attorney handling wage and hour law can analyze your pay records, job classification, and work schedule to identify exactly where your employer fell short. Attorneys also ensure all legal steps are followed correctly, from gathering timecards and pay stubs to meeting the filing deadlines that govern your claim.
California law prohibits employers from retaliating against workers who assert their right to overtime pay. Our attorneys can help protect you from retaliation such as wrongful termination or other adverse actions. We can negotiate for a fair settlement and, when an employer won’t pay what you’re owed, we’re prepared to file litigation on your behalf. We offer free consultations and work on a contingency fee basis, meaning you pay nothing unless there is a successful outcome. Bilingual assistance is available for Spanish-speaking clients.
Five-Star Client Reviews
Read about how our approach to employment law makes a difference in the lives of California workers. To learn more or get started with a consultation, call us at (310) 929-6371 today.
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"Outstanding Representation!"
They vigorously defended my rights and secured an exceptional outcome, exceeding my expectations.- Albert L. -
"Outstanding Job"
Fastest I have ever seen other than when I was pro per. Did an outstanding job.- Bennie H. -
"They Kept Their Word"
They did what they said they'd do... whether a promise to me or a threat to the other side, they always backed up their words with action.- Jeremy S. -
"Run Exceptionally Well"
I loved the quality and proactivity of communication. They let me know what was going in my case and what would be happening next. I wish all businesses were run this well.- Lori M. -
"They Got the Job Done!"
The firm was recommended to me after my company replaced me while on maternity leave. My lawyer went to work on my case right away and got the job done!- Jessica H. -
"Incredible Attorney"
Joshua White is a rising star in the legal profession. One of the sharpest minds in the field today.- Chris A.
What Is an Overtime Violation?
An overtime violation occurs when an employer fails to pay a non-exempt employee the required overtime wage under California law or the federal Fair Labor Standards Act (FLSA). Common examples include:
- Forcing an employee to work off the clock.
- Refusing to pay overtime wages.
- Not counting all hours worked toward overtime thresholds.
- Misclassifying an employee as exempt from overtime.
- Calculating overtime wages incorrectly, such as excluding commissions or bonuses from the regular rate of pay.
- Altering time records to remove or reduce overtime hours.
- Requiring employees to work through meal or rest breaks without compensation.
- Requiring employees to complete work at home or travel for work without counting those hours.
Steps to Take If You Are Denied Overtime Pay
If you suspect you’re being denied overtime pay, start by building a clear record. Under California law, you also have the right to request your payroll records from your employer, who must provide them within 21 days.
Documenting Your Hours
- Track Your Time: Keep a detailed log of your work hours, including start and end times, overtime hours, and any breaks you took.
- Off-the-Clock Work: Document any work done outside of official hours, such as answering emails or making phone calls.
- Use Tools: Consider using time-tracking apps or spreadsheets to maintain accurate records.
How to Address the Issue with Your Employer
- Raise the Issue in Writing: Before escalating, try to resolve the matter directly with your employer or HR department. Put your concern in writing so you have a record of the exchange.
- Stick to the Facts: Keep the conversation focused on documented work hours, which strengthens your position.
- Request a Resolution: Ask your employer to correct the situation and pay the overtime wages owed.
Filing a Formal Wage Claim
- File a Claim: If your employer doesn’t resolve the matter, you can file a formal complaint with the California Labor Commissioner’s Office (DLSE).
- Prepare Evidence: Gather all relevant documents, including timesheets, pay stubs, and written communications with your employer.
- The DLSE Process: The DLSE will investigate your claim, schedule a conference, and, if it finds the employer owes wages, can order back pay, penalties, and interest.
Potential Penalties for Employers Who Violate Overtime Laws
Employers who violate California overtime laws can be held liable for unpaid wages, interest, statutory penalties, and, in some cases, attorney fees. Under California Labor Code §1194, workers can pursue unpaid wages through a legal claim. California Labor Code §203 also allows for waiting time penalties when an employer willfully fails to pay wages owed at the end of employment.
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 310-929-6371 today!
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How Do I Know if I Have an Overtime Claim?
Most non-exempt employees in California are entitled to overtime pay. However, some employees are exempt from the state’s overtime laws. This means their employer is not required to pay them overtime wages. It is important to note that even if you are classified as an exempt employee, you may still be entitled to overtime pay. In fact, many employers misclassify employees as exempt to avoid paying them the required overtime wages. If you believe you have been misclassified as an exempt employee, you should contact an experienced overtime attorney as soon as possible.
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What to Do if You Have Been Denied Overtime Pay?
It is important to keep in mind that your employer cannot legally retaliate against you for seeking unpaid overtime wages. If you think you may be owed unpaid overtime, you should speak to a skilled overtime lawyer as soon as possible. We can review your case, help you understand your rights, and fight to recover the wages you are owed.
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Can I File a Claim for Unpaid Overtime Even if I No Longer Work for the Company?Yes, you can still file a claim for unpaid overtime even if you no longer work for the company. The statute of limitations typically allows you to claim back pay for up to three years, and you can still recover wages for time worked during your employment.
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What Evidence Do I Need to Prove an Overtime Violation?
- To prove an overtime violation, you should provide:
- A record of your hours worked, including regular and overtime hours.
- Pay stubs showing how you were paid.
- Any communication with your employer regarding overtime or timekeeping issues.
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Is There a Limit to How Much Overtime I Can Work?
There’s no legal cap on the number of overtime hours you can work, but any overtime worked beyond 8 hours per day or 40 hours per week must be paid at the overtime rate. However, excessive overtime may violate workplace safety standards, and employees should be mindful of the health risks associated with long hours.
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What Happens if My Employer Refuses to Pay Me Overtime?
If your employer refuses to pay you overtime, you may be entitled to recover the unpaid wages, as well as interest. You can file a claim with the California Labor Commissioner’s Office or pursue legal action against your employer. Consulting with an attorney can help ensure your rights are protected.
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How Is Overtime Pay Calculated in California?Overtime is typically paid at 1.5 times your regular hourly rate for hours worked beyond 8 hours a day or 40 hours a week. If you work more than 12 hours in a day or 8 hours on the seventh consecutive workday, your overtime rate increases to 2 times your regular rate, which is known as "double time."
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What Types of Workers Are Entitled to Overtime Pay?In general, non-exempt employees in California are entitled to overtime pay. This includes hourly workers and some salaried employees. Exempt employees, such as executives, professionals, and certain administrative employees, may not be eligible for overtime pay. It's important to review your job duties and classification with an attorney to ensure you are correctly classified.