Close X
We are essential, and so are you! Our firm is still OPEN for business and accepting new clients. To protect your safety, we are offering new and current clients the ability to meet with us via telephone or through video conferencing. Please call our office to discuss your options.

Overtime Questions Lead to Lawsuits

There have been many cases filed by those in the workforce that deal with the issue of overtime compensation. State and federal rules govern when overtime is to be paid, and also which categories of workers are entitled to the payments.

Two cases regarding overtime issues have recently been filed in California. The first involves employees of Franklin American Mortgage. Underwriters at the company were classified as exempt employees, which prevented them from receiving overtime pay. The employees then sued the company, alleging that they were misclassified. The second suit is a class action involving employees from several companies, including Raytheon Company, Enterprise Rent-A-Car and Ecolab. These employees allege that their employers did not have accurate record-keeping systems in place, which prevented workers from receiving their overtime wages.

The cases highlight common issues that arise for employees. For overtime purposes, employees fall into one of two categories, exempt and non-exempt. Exempt employees include those who engage in executive, administrative or professional occupations, receiving a salary for work performed. Non-exempt are generally those who perform tasks that have less responsibility, and typically receive an hourly wage.

Employees who are labeled as exempt are not entitled to overtime pay, and may file suit against the employer and claim that the company has misclassified their status. If an employer is sued for overtime wages due to misclassification, the employer must prove the employee's classification as exempt. This issue has been the source of frequent litigation, with several companies being forced to pay overtime after being unable to prove that employees performed activities that would make them exempt from overtime compensation.

If employees are categorized as non-exempt, they are entitled to receive overtime compensation. Amounts may vary, requiring employers to pay time-and-a-half or double-time, depending upon the hours worked. While exempt employees must deal with questions of misclassification, non-exempt employees face different challenges. Some companies may miscalculate the rate of overtime pay of a non-exempt employee, meaning that the employee does not obtain all of the compensation that he or she is entitled to receive.

If you have questions about an overtime wages issue, be sure to discuss them with an experienced attorney as soon as possible. If you wait too long, you may no longer have a claim against your employer.

No Comments

Leave a comment
Comment Information

Why Hire Bononi Law Group?

You can choose among many California law firms when seeking an attorney for your employment law matter. Here are four reasons you should consider Bononi Law Group.

  • Experienced Experienced

    More than two decades helping employees and employers with employment law matters

  • Recognized Recognized

    Included in Southern California Super Lawyers, listed in Best Lawyers in America, and quoted in the Los Angeles Times

  • Right-Sized Right-Sized

    Small enough to give personal attention and large enough to have the resources needed for success

  • Tested Tested

    We have obtained hundreds of millions of dollars for clients through settlements and trial verdicts

  1. AVVO Rating - 10.0 Superb
  2. BBB(R) - Accerdited Business A+ Rating
  3. Weekly Reader Recommended - Best of Pasadena - 2016
  4. LACBA - Los Angeles County Bar Association
  5. Lead Counsel - LC - Rated
  6. Martindale-Hubbell - AV Preeminent - Peer Rated for Highest Level of Professional Excellence
  7. The National Advocates | Top 100 Lawyers
  8. Super Lawyers
  9. ABA - American Bar Association
  10. FindLaw - Bononi Law Group, LLP

Fight Back With Bononi Today! Call 866-295-7512

To learn about your legal rights and options in employment matters, talk to us. Complete the form here or give us a call.


Email Us For Quick Answers

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

visit our office/follow us

Bononi Law Group, LLP
301 North Lake Ave, Suite 820
Pasadena, CA 91101

Toll Free: 866-295-7512
Fax: 213-553-9215
Pasadena Law Office Map