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If you believe you are owed unpaid overtime wages, you need an experienced Los Angeles Overtime Lawyer on your side. At Aegis Law, we specialize in helping employees recover the compensation they deserve for overtime work. Call (949) 379-6250 or message us online to arrange a free and confidential consultation today.
Founded in 2003, Aegis Law Firm has emerged as a prominent labor and employment law firm serving Southern California under the leadership of partners Kashif Haque and Samuel A. Wong. Our team of Los Angeles Wage and Hour attorneys are highly regarded litigators, boasting impressive success rates in trials, arbitration, and administrative proceedings.
An overtime lawyer can provide invaluable assistance with your case in several ways:
Evaluation of Your Case
A Los Angeles employment lawyer will assess the facts of your situation to determine if you have a valid claim for unpaid overtime wages. They will review your employment records, pay stubs, and work schedule to determine if your employer has violated state or federal overtime laws.
Explanation of Your Rights
Your lawyer will explain your rights under overtime laws, including the minimum wage, overtime pay rates, and exemptions. They will ensure you understand your legal options and the potential outcomes of pursuing a claim.
Investigation and Evidence Gathering
Your lawyer will conduct a thorough investigation into your employer’s payroll practices and timekeeping records to gather evidence of any overtime violations. This may involve interviewing witnesses, obtaining documents, and analyzing relevant data.
Negotiation with Your Employer
Your lawyer will represent you in negotiations with your employer to seek a fair settlement for your unpaid overtime wages. They will advocate on your behalf and use their legal expertise to secure the maximum compensation you’re entitled to.
Representation in Legal Proceedings
If negotiations fail to resolve the dispute, your lawyer will represent you in legal proceedings, including filing a lawsuit in court. They will prepare and file all necessary legal documents, represent you in court hearings, and argue your case before a judge or jury.
Protection Against Retaliation
Your lawyer will ensure your rights are protected against any retaliation from your employer for asserting your right to overtime pay. They will take legal action if you experience retaliation, such as termination or demotion.
Overall, an employment lawyer will provide you with skilled legal representation and guidance throughout the entire process, working tirelessly to ensure you receive the overtime wages you’re owed under the law.
Federal and state overtime pay laws are designed to protect workers by ensuring they are fairly compensated for working additional hours beyond standard workweek limits. Here’s an overview of the key provisions:
Overtime Eligibility
Under federal law (Fair Labor Standards Act – FLSA), non-exempt employees are entitled to overtime pay at a rate of at least one and a half times their regular rate of pay for hours worked over 40 in a workweek.
In California, non-exempt employees are entitled to overtime pay for:
Overtime Pay Rate
Overtime pay must be calculated at a rate of one and a half times the employee’s regular rate of pay for each overtime hour worked under federal law.
In California, overtime pay is calculated as follows:
There are certain categories of employees who may be exempt from overtime pay requirements under both federal and state laws. These exemptions are typically based on the nature of the employee’s job duties, salary level, and sometimes other factors. Here are some common exemptions:
Executives
This category includes employees whose primary duties involve:
Administrative
Employees whose primary duties involve office or non-manual work directly related to management or general business operations and require the exercise of discretion and independent judgment with respect to matters of significance.
Professionals
This exemption applies to employees in learned professions (such as lawyers, doctors, and teachers) or creative professionals (such as actors, musicians, and writers) whose primary duties involve work that requires advanced knowledge or creativity and is predominantly intellectual and varied in nature.
Computer Professionals
Employees whose primary duties consist of computer systems analysis, programming, software engineering, or similar skilled work and who are paid at least a certain minimum salary level.
Outside Sales
Employees who regularly work away from the employer’s place of business making sales or obtaining orders or contracts for services or facilities.
It’s important to note that these exemptions have specific criteria that must be met, and simply having a job title or being paid a salary does not automatically make an employee exempt from overtime.
Don’t let your employer deny you the overtime pay you have rightfully earned. Contact our Los Angeles Overtime Lawyers today to schedule a free consultation and take the first step toward recovering the compensation you deserve.